Constitution of Hawaii

The Constitution of the State of Hawaii (Hawaiian: Kumukānāwai o Hawaiʻi) refers to various legal documents throughout the history of the Hawaiian Islands that defined the fundamental principles of authority and governance within its sphere of jurisdiction. Numerous constitutional documents have been promulgated for the Kingdom of Hawaiʻi, Republic of Hawaiʻi, Territory of Hawaiʻi and State of Hawaiʻi. The first constitution was drafted by Kamehameha III. A few notable constitutions are the Bayonet Constitution of 1887 which stripped King Kalakaua of some decision making abilities without concurrence of his cabinet, and the Proposed 1893 Constitution of the Kingdom of Hawaii, a replacement of the Bayonet Constitution promulgated by Queen Liliuokalani, which set off a chain of events that eventually resulted in the overthrow of the Kingdom of Hawaii. Other notable documents include the Constitution of 1978 that created the Office of Hawaiian Affairs and declared the Hawaiian language to be one of the official languages of the state.

Constitution of the State of Hawaii
JurisdictionHawaii, United States
Date effective1978

List of constitutions

Preamble

The current version of the Constitution of Hawaii features a preamble that states, "We, the people of the State of Hawaii, grateful for Divine Guidance, and mindful of our Hawaiian heritage, reaffirm our belief in a government of the people, by the people and for the people, and with an understanding heart toward all peoples of the earth do hereby ordain and establish this constitution for the State of Hawaii."

Bill of Rights

The preamble is followed by a twenty-point bill of rights:

  1. All political power of this State is inherent in the people; and the responsibility for the exercise thereof rests with the people. All government is founded on this authority.
  2. All persons are free by nature and are equal in their inherent and inalienable rights. Among these rights are the enjoyment of life, liberty and the pursuit of happiness, and the acquiring and possessing property. These rights cannot endure unless the people recognize their corresponding obligations and responsibilities.
  3. No law shall be enacted respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
  4. No person shall be deprived of life, liberty, or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of his civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry.
  5. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches, seizures, and invasions of privacy shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or things to be seized or the communications sought to be intercepted.
  6. No citizen shall be disfranchised, or deprived of any of the rights or privileges secured to other citizens, unless by the law of the land.
  7. No citizen shall be denied enlistment in any military organization of this State nor be segregated therein because of race, religious principles or ancestry.
  8. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the armed forces when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy; nor shall any person be compelled in any criminal case to be a witness against himself.
  9. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. The court may dispense with bail if reasonably satisfied that the defendant or witness will appear when directed, except for a defendant charged with an offense punishable by life imprisonment.
  10. In suits at common law where the value in controversy shall exceed one hundred dollars, the right of trial by jury shall be preserved. The legislature may provide for a verdict by not less than three-fourths of the members of the jury.
  11. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the district wherein the crime shall have been committed, which district shall have been previously ascertained by law, or of such other district to which the prosecution may be removed with the consent of the accused; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defense. The State shall provide counsel for an indigent defendant charged with an offense punishable by imprisonment for more than sixty days.
  12. No person shall be disqualified to serve as a juror because of sex.
  13. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. The power of suspending the privilege of the writ of habeas corpus, and the laws or the execution thereof, shall never be exercised except by the legislature, or by authority derived from it to be exercised in such particular cases only as the legislature shall expressly prescribe.
  14. The military shall be held in strict subordination to the civil power.
  15. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
  16. No soldier or member of the militia shall, in time of peace, be quartered in any house, without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.
  17. There shall be no imprisonment for debt.
  18. Private property shall not be taken or damaged for public use without just compensation.
  19. The power of the State to act in the general welfare shall never be impaired by the making of any irrevocable grant of special privileges or immunities.
  20. The enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.

External links

1852 Constitution of the Hawaiian Kingdom

The 1852 Constitution of the Hawaiian Kingdom, written in both English and Hawaiian, was constructed by King Kamehameha III. The purpose of its construction was to not only revise, but add to the 1840 Constitution in great length. The new constitution created a more democratic government much like those of the United States and Europe.

David M. Louie

David M. Louie (born October 8, 1951, in Oakland, California) is an American attorney, who served as Attorney General of Hawaii for 4 years.

Excessive Bail Clause

The Excessive Bail Clause of the Eighth Amendment to the United States Constitution prohibits excessive bail set in pre-trial detention.

The Clause was drafted in response to the perceived excessiveness of bail in England. Excessive bail was also prohibited by the English Bill of Rights. If a judge posts excessive bail, the defendant's lawyer may make a motion in court to lower the bail or appeal directly to a higher court.

Government of Hawaii

The Government of Hawaii (Hawaiian: Aupuni o Hawaiʻi) is the governmental structure as established by the Constitution of Hawaii, the 50th state to have joined the United States.

Government of Hawaii (disambiguation)

The Government of Hawaii is the governmental structure as established by the Constitution of Hawaii.

Government of Hawaii may also refer to:

Provisional Government of Hawaii, proclaimed after the coup d'état on January 17, 1893Government of Hawaii may also refer to the governments of:

Ancient Hawaii

Kingdom of Hawaii

Republic of Hawaii

Territory of Hawaii

Great Māhele

The Great Māhele ("to divide or portion") or just the Māhele was the Hawaiian land redistribution proposed by King Kamehameha III.

The Great Māhele was one of the most important episodes of Hawaiian history, second only to the overthrow of the Hawaiian Kingdom. While intended to provide secure title to Hawaiians, it would eventually end up separating many of them from their land.

Hawaii

Hawaii ( (listen) hə-WY-ee; Hawaiian: Hawaiʻi [həˈvɐjʔi]) is a state of the United States of America. It is the only state located in the Pacific Ocean and the only state composed entirely of islands.

The state encompasses nearly the entire Hawaiian archipelago, 137 islands spread over 1,500 miles (2,400 km). The volcanic archipelago is physiographically and ethnologically part of the Polynesian subregion of Oceania. At the southeastern end of the archipelago, the eight main islands are, in order from northwest to southeast: Niʻihau, Kauaʻi, Oʻahu, Molokaʻi, Lānaʻi, Kahoʻolawe, Maui, and Hawaiʻi. The last is the largest island in the group; it is often called the "Big Island" or "Hawaiʻi Island" to avoid confusion with the state or archipelago.

Hawaii is the 8th smallest geographically and the 11th least populous, but the 13th most densely populated of the 50 states. It is the only state with an Asian American plurality. Hawaii has over 1.4 million permanent residents, along with many visitors and U.S. military personnel. The state capital and largest city is Honolulu on the island of Oʻahu. The state's ocean coastline is about 750 miles (1,210 km) long, the fourth longest in the U.S., after the coastlines of Alaska, Florida, and California. Hawaii is the most recent state to join the union, on August 21, 1959. It was an independent nation until 1898.

Hawaii's diverse natural scenery, warm tropical climate, abundance of public beaches, oceanic surroundings, and active volcanoes make it a popular destination for tourists, surfers, biologists, and volcanologists. Because of its central location in the Pacific and 19th-century labor migration, Hawaii's culture is strongly influenced by North American and East Asian cultures, in addition to its indigenous Hawaiian culture.

Hawaii Belt Road

The Hawaiʻi Belt Road is a modern name for the Māmalahoa Highway and consists of Hawaiʻi state Routes 11, 19, and 190 that encircle the Island of Hawaiʻi. The southern section, between Hilo and Kailua-Kona is numbered as Route 11. The section between Hilo and Waimea is Route 19. Between Waimea and Kailua-Kona, the road is split in two: the original "mauka" route (now Route 190) and a "makai" Route 19, completed in 1975, which serves as access to the Kona and Kohala Coast resorts. In the Hawaiian language, mauka means "towards the mountain" and makai means "towards the sea". These terms are commonly used in travel directions.

Parts of the southern half of the Hawaiʻi Belt Road were known during the Territorial days as the Kaʻū Belt Road. The names "Hawaiʻi Belt Road" and "Māmalahoa Highway" refer to the road system that encircles the entire island; many sections are also referenced by local names.

Hawaii Constitutional Amendment 2

Constitutional Amendment 2 of 1998 amended the Constitution of Hawaii, granting the state legislature the power to prevent same-sex marriage from being conducted or recognized in Hawaii. Amendment 2 was the first constitutional amendment adopted in the United States that specifically targeted same-sex partnerships.In 1993, the Hawaii State Supreme Court ruled in Baehr v. Lewin, 852 P.2d 44 (Haw. 1993), that refusing to grant marriage licenses to same-sex couples was discriminatory under that state's constitution. However, the court did not immediately order the state to begin issuing marriage licenses to same-sex couples; rather, it remanded the case to the trial court and ordered the state to justify its position. After the trial court judge rejected the state's justifications for limiting marriage to opposite-sex couples in 1996 (but stayed his ruling to allow the state to appeal to the Supreme Court again), the Hawaii State Legislature passed a proposed constitutional amendment during the 1997 session that would overrule the Supreme Court's 1993 ruling and allow the Legislature to ban same-sex marriage. This constitutional amendment appeared on the 1998 general election ballot as Constitutional Amendment 2.The question that appeared on the ballot for voters was:

Shall the Constitution of the state of Hawaii be amended to specify that the Legislature shall have the power to reserve marriage to opposite-sex couples?

Amendment 2 differed from amendments that followed in other states in that it did not write a ban on same-sex marriage into the state's constitution; rather, it allowed the state legislature to enact such a ban. On November 3, 1998, Hawaii voters approved the amendment by a vote of 69.2–28.6%, and the state legislature exercised its power to ban same-sex marriage.The language added by the amendment reads:

The legislature shall have the power to reserve marriage to opposite-sex couples.

On October 14, 2013, Hawaii Attorney General David M. Louie stated in a formal legal opinion that Amendment 2 does not prevent the state legislature from legalizing same-sex marriage, which it did in November 2013 with the Hawaii Marriage Equality Act.

Hawaii House of Representatives

The Hawaii House of Representatives is the lower house of the Hawaii State Legislature. Pursuant to Article III, Section 3 of the Constitution of Hawaii, amended during the 1978 constitutional convention, the House of Representatives consists of 51 members representing an equal number of districts across the islands. It is led by the Speaker of the House elected from the membership of the House, with majority and minority leaders elected from their party's respective caucuses. The current Speaker of the House is Scott Saiki.

Legislators are elected to two-year terms and are not subject to term limits. As in many state legislatures in the United States, the Hawaii House of Representatives is a part-time body and legislators often have active careers outside government. The upper chamber of the legislature is the Hawaii State Senate.

Hawaii Senate

The Hawaii Senate is the upper house of the Hawaii State Legislature. It consists of twenty-five members elected from an equal number of constituent districts across the islands and is led by the President of the Senate, elected from the membership of the body, currently Ron Kouchi. The forerunner of the Hawaii Senate during the government of the Kingdom of Hawaii was the House of Nobles originated in 1840. In 1894 the Constitution of the Republic of Hawaii renamed the upper house the present senate. Senators are elected to four-year terms and are not subject to term limits.

Like most state legislatures in the United States, the Hawaii State Senate is a part-time body and senators often have active careers outside government. The lower house of the legislature is the Hawaii House of Representatives. The membership of the Senate also elects additional officers to include the Senate Vice President, Senate Chief Clerk, Assistant Chief Clerk, Senate Sergeant at Arms and Assistant Sergeant at Arms. The Hawaii Senate convenes in the Hawaii State Capitol in Honolulu.

Hawaii State Legislature

The Hawaii State Legislature is the state legislature of the U.S. state of Hawaii. The state legislature is a bicameral body consisting of a lower house, the Hawaii State House of Representatives, with 51 representatives, and an upper house, the 25-member Hawaii State Senate. There are a total of 76 representatives in the legislature, each representing single member districts across the islands. The powers of the legislature are granted under Article III of the Constitution of Hawaii.

The legislature convenes at the Hawaii State Capitol building in the state capital of Honolulu, on the island of Oahu.

John D. Waiheʻe III

John David Waiheʻe III (born May 19, 1946) is an American politician who served as the fourth governor of Hawaii from 1986 to 1994. He was the first American of Native Hawaiian descent to be elected to the office from any state of the United States. After his tenure in the governor's office, Waiheʻe became a nationally prominent attorney and lobbyist.

Lieutenant Governor of Hawaii

The Lieutenant Governor of Hawaii (Hawaiian: Hope kiaʻāina o Hawaiʻi) is the assistant chief executive of the U.S. state of Hawaii and its various agencies and departments, as provided in the Article V, Sections 2 though 6 of the Constitution of Hawaii. Elected by popular suffrage of residents of the state on the same ticket as the Governor of Hawaii, the officeholder is concurrently the Secretary of State of Hawaii.

The officeholder becomes Governor of Hawaii in an acting capacity upon an absence of the person occupying the office from the state or if the person becomes disabled from duty. Historically, Hawaii Lieutenant Governors were members of either the Hawaii Democratic Party or Hawaii Republican Party. Three have gone on to become Governor of Hawaii: George Ariyoshi, Ben Cayetano and John D. Waihee III.

Mike Gabbard

Gerald Michael Gabbard (born January 15, 1948) is an American politician, serving as a Democratic member of the Hawaii State Senate for District 20 since 2006. Gabbard rose to prominence for his successful effort to pass a 1998 amendment to the Constitution of Hawaii to give the state legislature "the power to reserve marriage to opposite-sex couples" under the federal Defense of Marriage Act (DOMA) signed by Bill Clinton in 1996. Gabbard, who was born in American Samoa, is the first person of Samoan descent to serve in the Hawaii Senate.

His daughter, Tulsi Gabbard, is the U.S. Representative for Hawaii's 2nd district, who announced her candidacy for the Democratic nomination for President in 2020.

Oceania

Oceania (UK: , US: (listen), ) is a geographic region that includes Australasia, Melanesia, Micronesia and Polynesia. Spanning the eastern and western hemispheres, Oceania has a land area of 8,525,989 square kilometres (3,291,903 sq mi) and a population of 40 million. Situated in the southeast of the Asia-Pacific region, Oceania, when compared to continental regions, is the smallest in land area and the second smallest in population after Antarctica.

Definitions of Oceania vary; however, the islands at the geographic extremes of Oceania are generally considered to be the Bonin Islands, a politically integral part of Japan; Hawaii, a state of the United States; Clipperton Island, a possession of France; the Juan Fernández Islands, belonging to Chile; and Macquarie Island, belonging to Australia. (The United Nations has its own geopolitical definition of Oceania, but this consists of discrete political entities, and so excludes the Bonin Islands, Hawaii, Clipperton Island, and the Juan Fernández Islands, along with Easter Island.) Oceania has a diverse mix of economies from the highly developed and globally competitive financial markets of Australia and New Zealand, which rank high in quality of life and human development index, to the much less developed economies that belong to countries such as Kiribati and Tuvalu, while also including medium-sized economies of Pacific islands such as Palau, Fiji and Tonga. The largest and most populous country in Oceania is Australia, with Sydney being the largest city of both Oceania and Australia. In the 1950s Indonesia and Philippines were removed from Oceania and added to Asia; this resulted in Oceania as a "great division" of the world being replaced by the concept of the continent of Australia. In some countries (such as Brazil) however, Oceania is still regarded as a continent (Portuguese: continente) in the sense of "one of the parts of the world", and the concept of Australia as a continent does not exist.The first settlers of Australia, New Guinea, and the large islands just to the east arrived more than 60,000 years ago. Oceania was first explored by Europeans from the 16th century onward. Portuguese navigators, between 1512 and 1526, reached the Tanimbar Islands, some of the Caroline Islands and west Papua New Guinea. On his first voyage in the 18th century, James Cook, who later arrived at the highly developed Hawaiian Islands, went to Tahiti and followed the east coast of Australia for the first time. The Pacific front saw major action during the Second World War, mainly between Allied powers the United States and Australia, and Axis power Japan.

The arrival of European settlers in subsequent centuries resulted in a significant alteration in the social and political landscape of Oceania. In more contemporary times there has been increasing discussion on national flags and a desire by some Oceanians to display their distinguishable and

individualistic identity. The rock art of Australian Aborigines is the longest continuously practiced artistic tradition in the world. Puncak Jaya in Papua is often considered the highest peak in Oceania. Most Oceanian countries have a parliamentary representative democratic multi-party system, with tourism being a large source of income for the Pacific Islands nations.

Outline of Hawaii

The following outline is provided as an overview of and topical guide to the U.S. state of Hawaii:

Hawaii is the newest state among the 50 states of the United States of America. It is also the southernmost state, the only tropical state, and the only state that was previously an independent monarchy. The state comprises the Hawaiian Islands (with the exception of Midway) in the North Pacific Ocean and is the only U.S. state that is not primarily located on the continent of North America.

Resign-to-run laws

Resign-to-run laws are laws in several jurisdictions in democracies where a current office-holder cannot run for another office.

Same-sex marriage in the United States

Same-sex marriage in the United States expanded from one state in 2004 to all fifty states in 2015 through various state court rulings, state legislation, direct popular votes, and federal court rulings. Same-sex marriage is also referred to as gay marriage, while the political status in which the marriages of same-sex couples and the marriages of opposite-sex couples are recognized as equal by the law is referred to as marriage equality. The fifty states each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right that is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.

Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s. In 1972, the now overturned Baker v. Nelson saw the Supreme Court of the United States decline to become involved. The issue became prominent from around 1993, when the Supreme Court of Hawaii ruled in Baehr v. Lewin that it was unconstitutional under the Constitution of Hawaii for the state to abridge marriage on the basis of sex. That ruling led to federal and state actions to explicitly abridge marriage on the basis of sex in order to prevent the marriages of same-sex couples from being recognized by law, the most prominent of which was the 1996 federal DOMA. In 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v. Department of Public Health that it was unconstitutional under the Constitution of Massachusetts for the state to abridge marriage on the basis of sex. From 2004 through to 2015, as the tide of public opinion continued to move towards support of same-sex marriage, various state court rulings, state legislation, direct popular votes (referendums and initiatives), and federal court rulings established same-sex marriage in thirty-six of the fifty states.

The first two decades of the 21st century saw same-sex marriage receive support from prominent figures in the civil rights movement, including Coretta Scott King, John Lewis, Julian Bond, and Mildred Loving. In May 2011, national public support for same-sex marriage rose above 50% for the first time. In May 2012, the NAACP, the leading African-American civil rights organization, declared its support for same-sex marriage and stated that it is a civil right. In June 2013, the Supreme Court of the United States struck down DOMA for violating the Fifth Amendment to the United States Constitution in the landmark civil rights case of United States v. Windsor, leading to federal recognition of same-sex marriage, with federal benefits for married couples connected to either the state of residence or the state in which the marriage was solemnized. In May 2015, national public support for same-sex marriage rose to 60% for the first time. In June 2015, the Supreme Court ruled in the landmark civil rights case of Obergefell v. Hodges that the fundamental right of same-sex couples to marry on the same terms and conditions as opposite-sex couples, with all the accompanying rights and responsibilities, is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

The most prominent supporters of same-sex marriage are human rights and civil rights organizations as well as the medical and scientific communities, while the most prominent opponents are religious groups. The ruling of the Supreme Court in Obergefell occurred following decades of consistently rising national public support for same-sex marriage in the United States, with support continuing to rise thereafter.

A study of nationwide data from January 1999 to December 2015 revealed that the establishment of same-sex marriage is associated with a significant reduction in the rate of attempted suicide among children, with the effect being concentrated among children of a minority sexual orientation, resulting in approximately 134,000 fewer children attempting suicide each year in the United States. The United States is the most populous country in the world to have established same-sex marriage nationwide.

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