We, the people of Hawaii, grateful for Divine Guidance, and mindful of our Hawaiian heritage and uniqueness as an island State, dedicate our efforts to fulfill the philosophy decreed by the Hawaii State motto, "Ua mau ke ea o ka aina i ka pono."
We reserve the right to control our destiny, to nurture the integrity of our people and culture, and to preserve the quality of life that we desire.
We reaffirm our belief in a government of the people, by the people and for the people, and with an understanding and compassionate heart toward all the peoples of the earth, do hereby ordain and establish this constitution for the State of Hawaii. [Am Const Con 1978 and election Nov 7, 1978]
FEDERAL CONSTITUTION ADOPTED
The Constitution of the United States of America is adopted on behalf of the people of the State of Hawaii.
Article I Bill of Rights
- Political power
- Rights of individuals
- Equality of rights
- Freedom of religion, speech, press, assembly and petition
- Due process and equal protection
- Right to privacy
- Searches, seizures and invasion of privacy
- Rights of citizens
- Enlistment; segregation
- Indictment; preliminary hearing, double jeopardy; self-incrimination
- Grand jury counsel
- Bail; excessive punishment
- Trial by jury, civil cases
- Rights of accused
- Habeas corpus and suspension of laws
- Supremacy of civil power
- Right to bear arms
- Quartering of soldiers
- Imprisonment for debt
- Eminent domain
- Limitations of special privileges
- Construction
- Marriage
- Public access to information concerning persons convicted of certain offenses against children and certain sexual offenses
- Sexual assault crimes against minors
Article II Suffrage and Elections
- Qualifications
- Disqualification
- Residence
- Registration; voting
- Campaign fund, spending limit
- Campaign contributions limits
- Resignation from public office
- General, special and primary elections
- Presidential preference primary
Article III The Legislature
- Legislature power
- Composition of senate
- Composition of house of representatives
- Election of members; term
- Vacancies
- Qualifications of members
- Privileges of members
- Disqualifications of members
- Salary; allowances; commission on legislative salary
- Sessions
- Adjournment
- Organization; discipline; rules; procedure
- Quorum; compulsory attendance
- Bills; enactment
- Passage of bills
- Approval or veto Reconsideration after adjournment
- Procedures upon veto
- Punishment of nonmembers
- Impeachment
Article IV Reapportionment
- Reapportionment years
- Reapportionment commission
- Chief election officer
- Apportionment among basic island units
- Minimum representation for basic island units
- Apportionment within basic island units
- Election of senators after reapportionment
- Staggered terms for the senate
- Congressional redistricting for United States house of representatives
- Mandamus and judicial review
Article V The Executive
- Establishment of the executive
- Lieutenant governor
- Compensation: governor, lieutenant governor
- Succession to governorship; absence or disability of governor
- Executive powers
- Executive and administrative offices and department
Article VI The Judiciary
- Judicial power
- Supreme court; intermediate appellate court; circuit courts
- Appointment of justices and judges Qualifications for appointment
- Tenure; compensation; retirement
- Judicial selection commission
- Retirement; removal; discipline
- Administration
- Rules
Article VII Taxation and Finance
- Taxing power inalienable
- Income taxation
- Tax review commission
- Appropriations for private purposes prohibited
- Expenditure controls
- Disposition of excess revenues
- Council on revenues
- The budget
- Legislative appropriations; procedures; expenditure ceiling General fund expenditure ceiling
- Auditor
- Lapsing of appropriation
- Definitions; issuance of indebtedness
- Debt limit; exclusions
Article VIII Local Government
- Creation; powers of political subdivisions
- Local self-government; charter
- Taxation and finance
- Mandates; accrued claims
- Transfer of mandated programs
- Statewide laws
Article IX Public Health and Welfare
- Public health
- Care of handicapped persons
- Public assistance
- Economic security of the elderly
- Housing, slum clearance, development and rehabilitation
- Management of state population growth
- Public sightliness and good order
- Preservation of a healthful environment
- Cultural resources
- Public safety
Article X Education
- Public education
- Board of education
- Power of the board of education
- Hawaii education program
- University of Hawaii
- Board of regents; powers
Article XI Conservation, Control and Development of Resources
- Conservation and development of resources
- Management and disposition of natural resources
- Agricultural lands
- Public land banking
- General laws required; exceptions
- Marine resources
- Water resources
- Nuclear energy
- Environmental rights
- Farm and home ownership
Article XII Hawaiian Affairs
- Hawaiian Homes Commission Act
- Acceptance of compact
- Compact adoption; procedures after adoption
- Public trust
- Office of Hawaiian Affairs; establishment of board of trustees
- Powers of board of trustees
- Traditional and customary rights
Article XIII Organization; Collective Bargaining
- Private employees
- Public employees
Article XIV Code of Ethics
Article XV State Boundaries; Capital; Flag; Language and Motto
- Boundaries
- Capital
- State flag
- Official languages
- Motto
Article XVI General and Miscellaneous Provisions
- Civil service
- Employees' retirement system
- Disqualifications from public office or employment
- Oath of office
- Intergovernmental relations
- Federal lands
- Compliance with trust
- Administration of undisposed lands
- Tax exemption of federal property
- Hawaii national park
- Judicial rights
- Quieting title
- Plain language
- Titles, subtitles; construction
- General power
- Provisions are self-executing
Article XVII Revision and Amendment
- Methods of proposal
- Constitutional convention Election of delegates
- Meeting
- Organization; procedure
- Ratification; appropriations
- Amendments proposed by legislature
- Veto
- Conflicting revisions or amendments
Article XVIII Schedule
- Districting and apportionment
- 1978 Senatorial elections
- Salaries of legislators
- Effective date for term limitations for governor and lieutenant governor
- Judiciary: transition; effective date
- Effective date and application of real property tax transfer
- 1978 Board of education elections
- Effective date for Office of Hawaiian Affairs
- Continuity of laws
- Debts
- Residence, other qualifications