Constitution

THE AMENDED CONSTITUTION OF HAWAI’I 2000

Approved by the

Leg­isla­tive Assem­bly of the King­dom of Hawai’i

At its

Con­sti­tu­tion­al Con­ven­tion of March 10, 11 & 12, 2000

And

Rat­i­fied by the Cit­i­zen­ry in a Nation­wide Plebiscite on April 29, 2000

With amend­ments rat­i­fied and imple­ment­ed

On April 14, 2001 and April 3, 2004

THE AMENDED CONSTITUTION OF HAWAI’I
Pro­mul­gat­ed on the 29th of April, A. D. 2000

PREAMBLE

WHEREAS the King­dom of Hawai’i , hav­ing been in exile for one-hun­dred sev­en years due to an unlaw­ful over­throw of its Gov­ern­ment De Jure, has exer­cised Per­fect Right to reestab­lish its prop­er sta­tion as an inde­pen­dent nation with­in the com­mu­ni­ty of nations.

WHEREAS on March 13, 1999, Na Kana­ka Maoli rein­stat­ed the high offices of the Hawai­ian King­dom, man­i­fest­ed its inher­ent polit­i­cal author­i­ty, for­mal­ly and explic­it­ly declared the rein­state­ment of the law­ful Hawai­ian Nation, repa­tri­at­ed and nat­u­ral­ized peo­ple to its cit­i­zen­ry, and con­duct­ed a gov­ern­men­tal elec­tion on Novem­ber 6, 1999.

WHEREAS the Gov­ern­ment De Jure and the Office of Sov­er­eign of the King­dom of Hawai’i hav­ing been absent for one-hun­dred sev­en years, the repa­tri­at­ed Peo­ple of Hawai’i do here­by annul and abro­gate the con­sti­tu­tion pro­mul­gat­ed by David Kalakaua on the sixth day of July, A.D. 1887, and do pro­claim and pro­mul­gate this con­sti­tu­tion.

WHEREAS this con­sti­tu­tion is the Supreme Law of Hawai’i .

Now, there­fore, the law­ful cit­i­zens do here­by pro­claim that this amend­ed con­sti­tu­tion shall be the high­est laws of the inde­pen­dent nation also known as Hawai’i .

ARTICLE I. The Form of Gov­ern­ment.

Hawai’i shall be a Con­sti­tu­tion­al Monar­chy oper­at­ing under a direct demo­c­ra­t­ic sys­tem of gov­ern­ment; that the cit­i­zens of Hawai’i shall pos­sess the polit­i­cal right to secure life, lib­er­ty, and the pur­suit of hap­pi­ness.

There shall be an Office of the Monarch. The des­ig­nat­ed respon­si­bil­i­ty of the Monarch is to serve as a sym­bol of the past nation known as the King­dom of Hawai’i. The Office of the Monarch man­i­fests the exist­ing rights reserved to the Hawai­ian King­dom.

The Gov­ern­ment of Hawai’i shall be com­prised of an Exec­u­tive Branch, a Leg­isla­tive Branch and a Judi­cial Branch.

ARTICLE II. The Rights of the Cit­i­zens.

Ke Akua I Ka Lani hath endowed all peo­ple with cer­tain unalien­able rights that this gov­ern­ment shall pro­tect and uphold.

Sec­tion 1. Nat­ur­al Rights.

The nat­ur­al right to enjoy lib­er­ty shall be pre­served.
The nat­ur­al right to life of all liv­ing peo­ple shall be held sacred.
The nat­ur­al right to trav­el shall be observed.
All peo­ple resid­ing in Hawai’i are free to wor­ship God accord­ing to the dic­tates of their own con­sciences.

Sec­tion 2. Polit­i­cal Rights.

All peo­ple resid­ing in Hawai’i are free to speak, write, and pub­lish their sen­ti­ments on all sub­jects, being respon­si­ble for the abuse of that right.

All peo­ple resid­ing in Hawai’i shall have the right, in an order­ly and peace­able man­ner, to assem­ble, with­out arms, to con­sult upon the com­mon good, and to peti­tion the Gov­ern­ment for redress or griev­ances.

Every cit­i­zen resid­ing in Hawai’i has the right to free­dom of expres­sion, which includes: free­dom of the press and oth­er media, free­dom to receive or impart infor­ma­tion or ideas, free­dom of artis­tic cre­ativ­i­ty, aca­d­e­m­ic free­dom and sci­en­tif­ic research. These rights do not extend to pro­pa­gan­da for war; advo­ca­cy of hatred based on race, eth­nic­i­ty, gen­der or reli­gion; or that which con­sti­tutes incite­ment to cause harm.

Sec­tion 3. Civ­il Rights

Every eli­gi­ble vot­er shall be encour­aged to cast his or her vote in any and all gov­ern­men­tal elec­tions.

Every cit­i­zen who shall have attained to the age of eigh­teen years and is a cur­rent res­i­dent shall be eli­gi­ble to vote for the Nobles of their moku and the Rep­re­sen­ta­tive of their respec­tive dis­tricts.

The fol­low­ing per­sons shall not be per­mit­ted to reg­is­ter for vot­ing, to vote, or to hold office under any depart­ment of the gov­ern­ment, or to sit in the Leg­is­la­ture name­ly: Any per­son who is not a cit­i­zen, who is insane or an idiot, or any per­son who shall have been con­vict­ed of any of the fol­low­ing named offens­es, to wit: arson, bar­ra­try, bribery, bur­glary, coun­ter­feit­ing, embez­zle­ment, felo­nious assault, forgery, gross cheat, incest, kid­nap­ping, lar­ce­ny, mali­cious burn­ing, manslaugh­ter in the first degree, mur­der, per­jury, rape, rob­bery, sodomy, trea­son, sub­or­na­tion of per­jury, and malfea­sance in office, unless he or she shall have been par­doned by the Leg­is­la­ture and restored to his or her civ­il rights, and by the express terms of his or her par­don declared to be eli­gi­ble to offices of trust, hon­or, and prof­it.

The Leg­is­la­ture shall estab­lish civ­il law nec­es­sary to con­duct all gov­ern­men­tal elec­tions.

The priv­i­lege of the writ of the habeas cor­pus belongs to all men and women, and shall not be sus­pend­ed, unless by the Prime Min­is­ter, when in case of rebel­lion or inva­sion, the pub­lic safe­ty requires its sus­pen­sion. The dura­tion of this sus­pen­sion is not to exceed sev­en days with­out the approval of the Leg­is­la­ture. Extend­ed sus­pen­sion shall be no longer than absolute­ly nec­es­sary for the pro­tec­tion of pub­lic safe­ty with regard to the pur­pose for which the sus­pen­sion was orig­i­nal­ly enact­ed.

Invol­un­tary servi­tude, except for crime, is for­ev­er pro­hib­it­ed in this Nation.

The mil­i­tary shall always be sub­ject to the laws of the land, and no sol­dier shall in time of peace be quar­tered in any house with­out the con­sent of the own­er, or in time of war but in a man­ner pre­scribed by the Leg­is­la­ture.

Every cit­i­zen has the right to be secure from all unrea­son­able search­es and seizures of their per­son, their house, their papers, files and effects; and no one may be deprived of prop­er­ty except in terms of gen­er­al law appli­ca­tion, and no law may per­mit arbi­trary depri­va­tion of prop­er­ty. No war­rant shall issue, except on prob­a­ble cause where there is sub­stan­tial rea­son to believe there is ille­gal activ­i­ty or a threat to pub­lic health and safe­ty, or nation­al secu­ri­ty, sup­port­ed by oath or affir­ma­tion, and describ­ing the place to be searched, and the per­son or things to be seized. No prop­er­ty may be per­ma­nent­ly seized except upon legal con­vic­tion of a crime involv­ing that prop­er­ty unless required for rea­sons of pub­lic health, safe­ty, or nation­al secu­ri­ty.

The cit­i­zens of the Nation shall have the right to bear arms for self-defense and to sup­port sub­sis­tence; this right to bear arms does not extend to the use of these arms for pur­pos­es detri­men­tal to pub­lic safe­ty, health and well being, or to the destruc­tion of pub­lic or pri­vate prop­er­ty.

ARTICLE III. The Rights and Oblig­a­tions of Gov­ern­ment.

The supreme author­i­ty of the nation in its exer­cise is divid­ed into the exec­u­tive, leg­isla­tive, and judi­cial; these shall always be pre­served dis­tinct, and no exec­u­tive or judi­cial offi­cers, or any con­trac­tor or employ­ee of the Gov­ern­ment, or any per­son in the receipt of salary or emol­u­ment from the Gov­ern­ment, shall be eli­gi­ble to elec­tion to the Leg­is­la­ture, or to hold the posi­tion of an elec­tive mem­ber of the same. And no mem­ber of the Leg­is­la­ture shall, dur­ing the time for which he or she is elect­ed, be appoint­ed to any civ­il office under the Gov­ern­ment.

The Gov­ern­ment will review, amend, enact and exe­cute the civ­il and penal laws of the Hawai­ian King­dom to serve as the domes­tic laws of Hawai’i .

No offi­cer of this Gov­ern­ment shall hold any office or receive any salary from any oth­er gov­ern­ment or pow­er what­ev­er.

Sec­tion 1. The Office of the Monarch.

The Monarch shall serve the nation as a sym­bol of the con­sti­tu­tion­al monar­chy and the gov­ern­ment of Hawai’i . The Monarch shall have no Pow­er of State. The Office of the Monarch is removed from the Exec­u­tive Branch of this Gov­ern­ment.

No per­son except a repa­tri­at­ed cit­i­zen of Hawai’i who is of abo­rig­i­nal Hawai­ian ances­try, has attained to the Age of thir­ty-five years and is a res­i­dent shall be eli­gi­ble to the Office of the Monarch.

The Monarch will be elect­ed by the cit­i­zens of Hawai’i . The term of the Office of the Monarch is five years. No per­son shall be elect­ed to the Office of the Monarch more than twice. In the event of the removal of the Monarch from the Office, or of his or her death, res­ig­na­tion or inabil­i­ty to per­form the duties of the said office, a suc­ces­sor will be appoint­ed by the Leg­is­la­ture to serve the remain­der of the term.

It is the duty of the Monarch to serve as the Spe­cial Rep­re­sen­ta­tive for Cul­tur­al Affairs for the cit­i­zens and gov­ern­ment of Hawai’i.The Monarch will over­see all pub­lic efforts with­in this nation towards the Recla­ma­tion and Preser­va­tion of the abo­rig­i­nal Hawai­ian cul­ture.

The Monarch will con­sult on leg­isla­tive acts that per­tain to Hawai­ian cul­tur­al issues. The Monarch will be con­sult­ed on appoint­ments to com­mit­tees tasked with mat­ters of cul­tur­al affairs by the Leg­is­la­ture. The Monarch shall appoint a sec­re­tary to assist him or her in the duties of the said Office.

The Monarch must observe and uphold all laws of Hawai’i. The Monarch is installed by means of an inau­gur­al cer­e­mo­ny where he or she must take an oath of fideli­ty to the nation. The per­son elect­ed to the Office of the Monarch shall make the fol­low­ing oath: “I solemn­ly promise, in the pres­ence of Almighty God, to abide by the arti­cles of the con­sti­tu­tion of Hawai’i, and to serve the cit­i­zens of this nation in con­for­mi­ty there­with.”

No per­son shall be eli­gi­ble for the Office of the Monarch who has been con­vict­ed of any infa­mous crime, or who is insane, or an idiot.

The Leg­is­la­ture estab­lish­es the com­pen­sa­tion owed to the occu­pant of the Office of the Monarch, and that Office’s sec­re­tary.

The Leg­is­la­ture sets the bud­get of the Office of the Monarch. The Monarch will sub­mit a pro­posed bud­get for the fol­low­ing year to the Leg­is­la­ture every pre­vi­ous June.

The expens­es of every annu­al bud­get will be audit­ed by a qual­i­fied finan­cial offi­cer from the Depart­ment of Finance.

Sec­tion 2. The Exec­u­tive Branch — The Office of the Prime Min­is­ter

The exec­u­tive author­i­ty of the nation shall be vest­ed in a Prime Min­is­ter. No per­son except a repa­tri­at­ed or nat­ur­al-born cit­i­zen of Hawai’i of abo­rig­i­nal Hawai­ian ances­try who has attained to the age of thir­ty-five years and is a res­i­dent shall be eli­gi­ble to the Office of the Prime Min­is­ter. It is required that the Prime Min­is­ter be learned in the usage of the law of nations.

The cit­i­zens of Hawai’i shall elect the Prime Min­is­ter. The House of Rep­re­sen­ta­tives and the House of Nobles shall estab­lish the qual­i­fi­ca­tions and ver­i­fi­ca­tion process for all can­di­dates to the Office of Prime Min­is­ter. The Leg­is­la­ture shall estab­lish an Exec­u­tive Review Com­mit­tee to review all poten­tial can­di­dates and make their rec­om­men­da­tions for the place­ment of the nom­i­nees on the bal­lot.

The Prime Min­is­ter super­vis­es the admin­is­tra­tion of the affairs of state and the affairs of the gov­ern­ment. The Prime Min­is­ter, with the aid of the Min­is­ters of the Cab­i­net, shall per­form the fol­low­ing func­tions: Con­duct for­eign affairs; Admin­is­ter the law faith­ful­ly and man­age domes­tic affairs of state; Super­vise pro­grams safe­guard­ing the nation­al lands; Pre­pare the bud­get of the exec­u­tive branch for review by the Leg­is­la­ture; and Over­see all defense efforts, civ­il and oth­er­wise. To pur­sue these respec­tive goals, the Prime Min­is­ter will be aid­ed by a Min­is­ter of For­eign Affairs, an Attor­ney Gen­er­al, and a Min­is­ter of the Inte­ri­or, a Min­is­ter of Finance, and a Min­is­ter of Defense.

The Cab­i­net Min­is­ters shall be nom­i­nat­ed by the Prime Min­is­ter and receive their com­mis­sion from the Leg­is­la­ture. The Prime Min­is­ter will decide on the rec­om­men­da­tions of his or her min­is­ters with regards to the For­eign Min­is­ters of the Diplo­mat­ic Corps, the Mar­shal and Sher­iffs of Law Enforce­ment, Assis­tant Min­is­ters of the Inte­ri­or, the Assis­tant Min­is­ters of Finance and the Offi­cers of the Defense Depart­ment, both Civ­il and Mil­i­tary. Only those res­i­dents who are repa­tri­at­ed or nat­ur­al-born cit­i­zens of abo­rig­i­nal Hawai­ian ances­try are eli­gi­ble to hold the Offices of the Exec­u­tive Cab­i­net. A min­is­ter shall be removed by the Prime Min­is­ter only upon a vote of want of con­fi­dence passed by a major­i­ty of all the elect­ed mem­bers of the Leg­is­la­ture, or upon con­vic­tion of a felony.

Before he or she enter on the exe­cu­tion of the Office, the Prime Min­is­ter will take the fol­low­ing Oath: ““I do solemn­ly promise, in the pres­ence of Almighty God, that I will faith­ful­ly sup­port the Con­sti­tu­tion of Hawai’i, and con­sci­en­tious­ly and impar­tial­ly dis­charge my duties as the Prime Min­is­ter of Hawai’i ”.” The Cab­i­net Min­is­ters shall take a sim­i­lar oath respec­tive to their offices.

The Prime Min­is­ter and the Exec­u­tive Cab­i­net, for the term or terms of ser­vice to their coun­try, shall receive a com­pen­sa­tion from the Peo­ple, which shall be defined by the Leg­is­la­ture and paid out of the nation­al trea­sury. This com­pen­sa­tion shall nei­ther be increased nor dimin­ished dur­ing their term or terms in office, and they shall not receive any oth­er pay­ment with­in that peri­od made in def­er­ence to their high offices. No indi­vid­ual who holds office in the exec­u­tive branch may hold anoth­er posi­tion in the gov­ern­ment and receive income for such for the dura­tion of his or her ser­vice. On the first day of each bien­ni­al ses­sion, the Prime Min­is­ter shall present to the Leg­is­la­ture, in the name of the Gov­ern­ment, the finan­cial bud­get.

The Prime Min­is­ter and all offi­cers of the exec­u­tive branch shall be removed from office on impeach­ment for, and con­vic­tion of, Trea­son, Bribery, or Vio­la­tions of the law of nations. Each mem­ber of the Cab­i­net shall keep an office at the seat of gov­ern­ment, and shall be account­able for the con­duct of his or her deputies and clerks.

The Prime Min­is­ter, upon enter­ing office, will state the pref­er­ence as to which of the Cab­i­net Min­is­ters shall suc­ceed as act­ing Prime Min­is­ter in the event that the Prime Min­is­ter can­not ful­fill his or her incum­ben­cy. On the occa­sion of the inabil­i­ty of the Prime Min­is­ter to dis­charge the duties of the office, or of his or her death, res­ig­na­tion, or removal, the Leg­is­la­ture may by law declare which Exec­u­tive Cab­i­net Min­is­ter shall act as Prime Min­is­ter, and such offi­cer shall act accord­ing­ly, until the dis­abil­i­ty be removed from the Prime Min­is­ter or a new Prime Min­is­ter be elect­ed.

The Prime Min­is­ter is the com­man­der in chief of the army and navy, and of all oth­er mil­i­tary forces of the nation, by sea, air and land. But, he shall nev­er pro­claim war with­out the con­sent of the Peo­ple via the Leg­is­la­ture: and no mil­i­tary or naval force shall be orga­nized except by the author­i­ty of the Leg­is­la­ture.

The Prime Min­is­ter, by and with the advice and con­sent of the cab­i­net, has the pow­er to grant reprieves and par­dons, after con­vic­tion, for all offens­es, except in case of impeach­ment.

The Prime Min­is­ter has the pow­er to make treaties. Treaties involv­ing changes in the tar­iff or in any law of the nation must be referred for approval to the Leg­is­la­ture. The Prime Min­is­ter appoints pub­lic min­is­ters, who shall be com­mis­sioned, accred­it­ed, and instruct­ed agree­ably to the usage and law of nations.

It is the Prime Minister’s pre­rog­a­tive to receive and acknowl­edge pub­lic min­is­ters; to inform the Leg­is­la­ture of the state of the nation and to rec­om­mend to its con­sid­er­a­tion such mea­sures as he sees nec­es­sary and expe­di­ent.

The Prime Min­is­ter, in case of inva­sion or rebel­lion, can place the whole nation, or part of it, under mar­tial law.

Sec­tion 3. The Leg­isla­tive Branch

Of the Mana Kau Kanawai. The leg­isla­tive author­i­ty of the nation is vest­ed in its leg­isla­tive assem­bly known as the Mana Kau Kanawai. It shall con­sist of two sep­a­rate Hous­es — The House of Nobles and the House of Rep­re­sen­ta­tives. It shall assem­ble, bian­nu­al­ly, in the month of Jan­u­ary. The first reg­u­lar ses­sion shall be held in the year of our Lord two thou­sand one.

This leg­is­la­ture shall choose its own offi­cers and deter­mine the rules of its own pro­ceed­ings. It may pun­ish its own mem­bers for dis­or­der­ly behav­ior.

Before assum­ing office, every leg­is­la­tor shall take the fol­low­ing oath: “I do solemn­ly promise, in the pres­ence of Almighty God, that I will faith­ful­ly sup­port the con­sti­tu­tion of Hawai’i, and con­sci­en­tious­ly and impar­tial­ly dis­charge my duties as a mem­ber of the Leg­is­la­ture.”

In the event that a leg­isla­tive office is vacat­ed, the Leg­is­la­ture shall elect a cit­i­zen from the respec­tive moku or dis­trict to serve in the vacat­ed office until the next gov­ern­men­tal elec­tion.

The Mana Kau Kanawai con­venes at the seat of gov­ern­ment in Hon­olu­lu, or at a dif­fer­ent place, if that should become inse­cure from an ene­my or any dan­ger­ous dis­or­der. The Prime Min­is­ter may, in any great emer­gency, con­vene the Leg­is­la­ture in extra­or­di­nary ses­sion.

No per­son shall sit as a noble or rep­re­sen­ta­tive in the Leg­is­la­ture unless elect­ed under and in con­for­mi­ty with the pro­vi­sions of this con­sti­tu­tion.

The Leg­is­la­ture shall be the judge of the qual­i­fi­ca­tions of its own mem­bers, except as may here­after be pro­vid­ed by law.

The Leg­is­la­ture is empow­ered to coin mon­ey and reg­u­late the cur­ren­cy by law. This cur­ren­cy will be backed by a com­mod­i­ty. This pow­er is not trans­fer­able to any oth­er enti­ty.

The Leg­is­la­ture shall have author­i­ty to pun­ish by impris­on­ment not exceed­ing thir­ty days every per­son not a mem­ber who shall be guilty of dis­re­spect to the Leg­is­la­ture by any dis­or­der­ly or con­temp­tu­ous behav­ior in its pres­ence; or who, dur­ing the time of its sit­ting, shall pub­lish any false report of its pro­ceed­ings or insult­ing com­ments upon the same; or who shall threat­en harm to the body or estate of any of its mem­bers for any­thing said or done in the Leg­is­la­ture, or who shall assault any of them there­fore; or who shall assault or arrest any Wit­ness or oth­er per­son ordered to attend the Leg­is­la­ture on his way going or return­ing; or who shall res­cue any per­son arrest­ed by order of the Leg­is­la­ture.

No sub­sidy, duty, or tax of any descrip­tion shall be estab­lished or levied with­out the con­sent of the Leg­is­la­ture; nor shall any mon­ey be drawn from the pub­lic trea­sury with­out such con­sent except when the ses­sions of the Leg­is­la­ture, the emer­gen­cies of war, inva­sion, rebel­lion, pesti­lence, or oth­er pub­lic dis­as­ter shall arise, and then not with­out the con­cur­rence of all the cab­i­net; and the min­is­ter of finance shall ren­der a detailed account of such expen­di­ture to the Leg­is­la­ture.

The Leg­is­la­ture shall keep a jour­nal of its pro­ceed­ings, and the yeas and nays of the mem­bers on any ques­tion shall be entered into the jour­nal.

The mem­bers of the Leg­is­la­ture shall in all cas­es, except trea­son, felony, or breach of the peace, be priv­i­leged from arrest dur­ing their atten­dance at the ses­sions of the Leg­is­la­ture, and in going to and return­ing from the same; pro­vid­ed such priv­i­lege as to going an return­ing shall not cov­er a peri­od of over twen­ty days; and they shall not be held to answer for any speech or debate made in the Leg­is­la­ture in any court or place what­so­ev­er.

The Leg­is­la­ture votes the appro­pri­a­tion bien­ni­al­ly, after due con­sid­er­a­tion of the rev­enue and expen­di­ture for the two pre­ced­ing years, and the esti­mates of the rev­enue and expen­di­ture of the two suc­ceed­ing years, which shall be sub­mit­ted to them by the min­is­ter of finance.

Of the House of Nobles. Twen­ty-four nobles shall be elect­ed, as fol­lows: sev­en from the island of Hawai’i , five from the island of Mau’i, one from the island of Moloka’i, eight from the island of O’ahu, and three from the islands of Kaua’i and Ni’ihau.

No per­son except a repa­tri­at­ed or nat­ur­al-born cit­i­zen of Hawai’i of abo­rig­i­nal Hawai­ian ances­try who has attained to the age of eigh­teen years and is a res­i­dent shall be eli­gi­ble to run as can­di­date to the House of Nobles. It is required that the Nobles be learned in the usage of the law of nations.

The Cit­i­zens of the island shall elect by bal­lot their choic­es for Noble. The term of ser­vice shall date from the gen­er­al elec­tion.

The Nobles, for the term or terms of ser­vice to the coun­try, shall receive a com­pen­sa­tion from the Peo­ple, which shall be defined in the gen­er­al pub­lic law of the nation, and paid out of the nation­al trea­sury. This com­pen­sa­tion shall nei­ther be increased nor dimin­ished dur­ing their term or terms in office, and they shall not receive any oth­er pay­ment with­in that peri­od made in def­er­ence to their high offices. No indi­vid­ual who holds office in the leg­isla­tive branch may hold anoth­er posi­tion in the gov­ern­ment and receive income for such for the dura­tion of said ser­vice.

Fail­ure to com­ply with the oblig­a­tions of a Noble will result in the removal from office by the Leg­is­la­ture. In the event of removal or any such vacan­cy of one of the Nobles from office, the Leg­is­la­ture shall by a major­i­ty vote appoint a qual­i­fied cit­i­zen of the moku to the vacant posi­tion to serve only the remain­der of the term of the vacat­ed office.

Of the House of Rep­re­sen­ta­tives. There shall be twen­ty-four Rep­re­sen­ta­tives for the Nation, who shall be elect­ed from the dis­tricts stat­ed in the gen­er­al pub­lic law, one mem­ber returned from each.

No per­son except a repa­tri­at­ed, nat­u­ral­ized or nat­ur­al-born cit­i­zen of Hawai’i who has attained to the age of eigh­teen years and is a res­i­dent shall be eli­gi­ble to run as can­di­date to the House of Rep­re­sen­ta­tives. It is required that the Rep­re­sen­ta­tives be learned in the usage of the law of nations.

The Cit­i­zens of the dis­trict shall elect by bal­lot their choice for Rep­re­sen­ta­tive. The term of ser­vice shall date from the gen­er­al elec­tion.

The Rep­re­sen­ta­tives, for the term or terms of ser­vice to the coun­try, shall receive a com­pen­sa­tion from the Peo­ple, which shall be defined in the gen­er­al pub­lic law of the nation, and paid out of the nation­al trea­sury. This com­pen­sa­tion shall nei­ther be increased nor dimin­ished dur­ing their term or terms in office, and they shall not receive any oth­er pay­ment with­in that peri­od made in def­er­ence to their high offices. No indi­vid­ual who holds office in the leg­isla­tive branch may hold anoth­er posi­tion in the gov­ern­ment and receive income for such for the dura­tion of said ser­vice.

Fail­ure to com­ply with the oblig­a­tions of a Rep­re­sen­ta­tive will result in the removal from office by the Leg­is­la­ture. In the event of removal or any such vacan­cy of one of the Rep­re­sen­ta­tives from office, the Leg­is­la­ture shall by a major­i­ty vote appoint a qual­i­fied cit­i­zen from the dis­trict to the vacant posi­tion to serve only the remain­der of the term of the vacat­ed office.

Sec­tion 4. Terms for Cre­at­ing Addi­tion­al Dis­tricts

The Leg­is­la­ture shall con­sid­er the admit­tance of addi­tion­al dis­tricts with­in the islands of the nation every four years. A sim­ple major­i­ty of the full leg­isla­tive body is required to for­ward the pro­pos­al to the cit­i­zens for con­sid­er­a­tion. A plebiscite shall be con­duct­ed in all dis­tricts of the nation to vote on the expan­sion. A major­i­ty of two-thirds of all the dis­tricts is nec­es­sary to autho­rize the new dis­trict. The pro­posed dis­trict must have a defined area agree­able to its imme­di­ate neigh­bor­ing dis­tricts, and no less than one thou­sand of the cit­i­zens in the area must be of abo­rig­i­nal Hawai­ian ances­try.

ARTICLE IV. The Leg­isla­tive Process.

No per­son oth­er than the mem­bers of the Exec­u­tive Cab­i­net, the mem­bers of the House of Rep­re­sen­ta­tives, and the mem­bers of the House of Nobles may intro­duce a bill for con­sid­er­a­tion by the law-mak­ing body of this nation. If found to be con­trary to the Con­sti­tu­tion of Hawai’i , a Bill shall be sub­ject to review. If that bill fails the scruti­ny of a com­mit­tee appoint­ed to its review, it is sub­ject to dis­missal.

To avoid improp­er influ­ences which may result from inter­mix­ing in one and the same act such things as have no prop­er rela­tion to each oth­er, every bill shall embrace but one object, and that shall be expressed in its title.

All bills, resolved by the Leg­is­la­ture, shall be iden­ti­fied as belong­ing to a spe­cif­ic cat­e­go­ry of domes­tic law of Hawai’i . They are either an Act of Law, an Ordi­nance Law, a Res­o­lu­tion or an Act of Finance.

Sec­tion 1. Types of Bills.

A) A Bill for an Act of Law upon being passed and assent­ed to shall be direct­ly entered into the Civ­il Laws or Penal Laws of Hawai’i .

  1. All bills passed, as an Act of Law shall be entered into either the Civ­il Code of Law of Hawai’i or the Penal Code of Law of Hawai’i .
  2. An Act of Law is bind­ing upon all per­sons resid­ing or vis­it­ing Hawai’i .

B) A Bill of Ordi­nance Law upon being passed and assent­ed to shall be direct­ly entered into the Ordi­nance Code of Law of Hawai’i.

  1. An Ordi­nance Law is bind­ing only upon the con­duct and affairs of the offi­cers of this gov­ern­ment, their employ­ees, and the depart­ments, agen­cies, ad hoc agen­cies, com­mis­sions and com­mit­tees des­ig­nat­ed by this gov­ern­ment and upon all per­sons resid­ing and con­duct­ing busi­ness in the Hawai­ian arch­i­pel­ago.

C) A Bill of Res­o­lu­tion upon being passed and assent­ed to shall be direct­ly entered into the Com­piled Res­o­lu­tions of Hawai’i .

  1. A Res­o­lu­tion is an Act of Law with a spe­cif­ic appli­ca­tion or func­tion that may be either annulled or con­tin­ued under amend­ment by the Leg­is­la­ture.

D) A Bill for an Act of Finance upon being passed in con­junc­tion with an Act of Law, Ordi­nance Law or Res­o­lu­tion will be entered as an attach­ment of the appro­pri­ate law into the Civ­il Code of Law, the Penal Code of Law, the Ordi­nance Code of Law, or the Com­piled Res­o­lu­tions of Hawai’i .

Sec­tion 2. Autho­riz­ing a Bill.

A) A Bill for an Act of Law

  1. Must be spon­sored by a mem­ber of the Exec­u­tive Cab­i­net or a mem­ber of the Leg­is­la­ture.
  2. Must be sub­mit­ted before the first of Sep­tem­ber for place­ment on the leg­isla­tive cal­en­dar of the fol­low­ing year.
  3. Must be sur­ren­dered to a Com­mit­tee of Con­sti­tu­tion­al Review appoint­ed by the mem­bers of the House of Rep­re­sen­ta­tives, the House of Nobles and the Exec­u­tive Cab­i­net.
  4. Will be intro­duced by its spon­sor onto the floor of the House of Rep­re­sen­ta­tives after its approval by the Com­mit­tee of Con­sti­tu­tion­al Review.
  5. Will be dis­trib­uted by the Rep­re­sen­ta­tives to the cit­i­zens in their respec­tive dis­tricts to either accept or reject in its entire­ty.
  6. Will be passed or defeat­ed by sim­ple major­i­ty vote of the cit­i­zens of the respec­tive dis­tricts.
  7. Will have a lim­i­ta­tion of twen­ty-eight days after its intro­duc­tion to be accept­ed or reject­ed by the cit­i­zens in every dis­trict.
  8. Will be passed into law only upon gain­ing the major­i­ty of a sim­ple vote from the total num­ber of dis­tricts.
  9. Upon being passed and assent­ed to, shall be enact­ed and observed imme­di­ate­ly unless stip­u­lat­ed oth­er­wise with­in the text of the bill.

B) A Bill for an Ordi­nance Law

  1. Must be spon­sored by a mem­ber of the Leg­is­la­ture or a mem­ber of the Exec­u­tive Cab­i­net.
  2. Must be sub­mit­ted before the first of Sep­tem­ber for place­ment on the leg­isla­tive cal­en­dar of the fol­low­ing year.
  3. Must be sur­ren­dered to a Com­mit­tee of Con­sti­tu­tion­al Review appoint­ed by the mem­bers of the House of Rep­re­sen­ta­tives, the House of Nobles and the Exec­u­tive Cab­i­net.
  4. Will be intro­duced by its spon­sor onto the floor of the House of Rep­re­sen­ta­tives or the House of Nobles after its approval by the Com­mit­tee of Con­sti­tu­tion­al Review.
  5. Will be dis­trib­uted by the Rep­re­sen­ta­tives to the cit­i­zens in their respec­tive dis­tricts to either accept or reject in its entire­ty.
  6. Will be passed or defeat­ed by sim­ple major­i­ty vote of the cit­i­zens of the respec­tive dis­tricts.
  7. Will have a lim­i­ta­tion of twen­ty-eight days after its intro­duc­tion to be accept­ed or reject­ed by the cit­i­zens in every dis­trict.
  8. Will be passed into law only upon gain­ing the major­i­ty of a sim­ple vote from the total num­ber of dis­tricts.
  9. Upon being passed and assent­ed to, shall be enact­ed and observed imme­di­ate­ly unless stip­u­lat­ed oth­er­wise with­in the text of the bill.

The enact­ing style in mak­ing and pass­ing an Act of Law and an Ordi­nance Law shall be: ““Be it enact­ed by the Cit­i­zens and the Leg­is­la­ture of Hawai’i”.

C) A Bill for a Res­o­lu­tion

  1. Must be spon­sored by a mem­ber of the Exec­u­tive Cab­i­net or a mem­ber of the Leg­is­la­ture.
  2. Must be sub­mit­ted before the first of Sep­tem­ber for place­ment on the leg­isla­tive cal­en­dar of the fol­low­ing year.
  3. Is time-spe­cif­ic in its usage and must state the peri­od of time it can be used and its date of expi­ra­tion.
  4. Must be sub­mit­ted to a Com­mit­tee of Con­sti­tu­tion­al Review appoint­ed by the mem­bers of the House of Rep­re­sen­ta­tives, the House of Nobles or the Exec­u­tive Cab­i­net.
  5. Will be intro­duced by its spon­sor onto the floor of the House of Rep­re­sen­ta­tives or the House of Nobles after its approval by the Com­mit­tee of Con­sti­tu­tion­al Review.
  6. Once intro­duced, is sub­ject to dis­cus­sion and crit­i­cism by the mem­bers of the House of Rep­re­sen­ta­tives and the House of Nobles.
  7. Will be passed and assent­ed to only upon gain­ing the major­i­ty of a sim­ple vote from the mem­bers of both hous­es.
  8. Shall be used or declared imme­di­ate­ly after its approval unless spec­i­fied oth­er­wise.
  9. Shall be re-intro­duced before its date of expi­ra­tion for vote of renew­al, amend­ing or matu­ri­ty.

The enact­ing style in mak­ing and pass­ing a Res­o­lu­tion shall be: “Be it enact­ed by the Leg­is­la­ture of Hawai’i.”

D) A Bill for an Act of Finance

  1. Must be spon­sored by a mem­ber of the Exec­u­tive Cab­i­net or a mem­ber of the Leg­is­la­ture.
  2. Must be sub­mit­ted before the first of Sep­tem­ber for place­ment on the leg­isla­tive cal­en­dar of the fol­low­ing year.
  3. Must accom­pa­ny all Bills for Acts of Law, Bills for an Ordi­nance Law and Bills of Res­o­lu­tion, which require or request financ­ing.
  4. Must be sub­mit­ted to a Com­mit­tee of Finan­cial Review appoint­ed by the mem­bers of the House of Rep­re­sen­ta­tives, the House of Nobles and the Exec­u­tive Cab­i­net.
  5. Will be intro­duced by its spon­sor to the Leg­is­la­ture after its approval by the Com­mit­tee of Finan­cial Review.
  6. Once intro­duced, is sub­ject to dis­cus­sion and crit­i­cism by the mem­bers of the House of Rep­re­sen­ta­tives and the House of Nobles.
  7. Will be passed and assent­ed to only upon gain­ing the major­i­ty of a sim­ple vote from the mem­bers of both hous­es.

Sec­tion 3. The Process of Amend­ing Acts of Law and Ordi­nance Laws.

A) A Bill for Amend­ing an Act of Law

  1. May be intro­duced by a mem­ber of the Leg­is­la­ture oth­er than the spon­sor of the orig­i­nal bill.
  2. Must indi­cate in its intro­duc­tion if that Act of Law should be amend­ed or repealed.
  3. Must be sub­mit­ted before the first of Sep­tem­ber for place­ment on the leg­isla­tive cal­en­dar of the fol­low­ing year.
  4. Must be sur­ren­dered to a Com­mit­tee of Con­sti­tu­tion­al Review appoint­ed by the mem­bers of the House of Rep­re­sen­ta­tives, the House of Nobles and the Exec­u­tive Cab­i­net.
  5. Will be intro­duced by its spon­sor onto the floor of the House of Rep­re­sen­ta­tives after its approval by the Com­mit­tee of Con­sti­tu­tion­al Review.
  6. Will be dis­trib­uted by the Rep­re­sen­ta­tives to the cit­i­zens in their respec­tive dis­tricts to either accept or reject in its entire­ty.
  7. Will be passed into law by a sim­ple major­i­ty vote of the cit­i­zens of the respec­tive dis­tricts.
  8. Will have a lim­i­ta­tion of twen­ty-eight days after its intro­duc­tion to be accept­ed or reject­ed by the cit­i­zens in every dis­trict.
  9. Will be passed into law only upon gain­ing the major­i­ty of a sim­ple vote from the total num­ber of dis­tricts.
  10. Upon being passed and assent­ed to, shall be enact­ed and observed imme­di­ate­ly unless stip­u­lat­ed oth­er­wise with­in the text of the Bill.

B) A Bill for Amend­ing an Ordi­nance Law

  1. May be intro­duced by a mem­ber of the Leg­is­la­ture oth­er than the spon­sor of the orig­i­nal bill.
  2. Must indi­cate in its intro­duc­tion if that Ordi­nance Law should be amend­ed or repealed.
  3. Must be sub­mit­ted before the first of Sep­tem­ber for place­ment on the leg­isla­tive cal­en­dar of the fol­low­ing year.
  4. Must be sur­ren­dered to a Com­mit­tee of Con­sti­tu­tion­al Review appoint­ed by the mem­bers of the House of Rep­re­sen­ta­tives, the House of Nobles and the Exec­u­tive Cab­i­net.
  5. Will be intro­duced by its spon­sor onto the floor of the House of Rep­re­sen­ta­tives or the House of Nobles after its approval by the Com­mit­tee of Con­sti­tu­tion­al Review.
  6. Will be dis­trib­uted by the Rep­re­sen­ta­tives to the cit­i­zens in their respec­tive dis­tricts to either accept or reject in its entire­ty.
  7. Will be passed into law by a sim­ple major­i­ty vote of the cit­i­zens of the respec­tive dis­tricts.
  8. Will have a lim­i­ta­tion of twen­ty-eight days after its intro­duc­tion to be accept­ed or reject­ed by the cit­i­zens in every dis­trict.
  9. Will be passed into law only upon gain­ing the major­i­ty of a sim­ple vote from the total num­ber of dis­tricts.
  10. Upon being passed and assent­ed to, shall be enact­ed and observed imme­di­ate­ly unless stip­u­lat­ed oth­er­wise with­in the text of the Bill.

Sec­tion 4. Impeach­ment.

The nobles shall be a court, with full and sole author­i­ty to hear and deter­mine any charge of impeach­ment made by the rep­re­sen­ta­tives as the grand inquest of the nation, against any offi­cers of the nation, for mis­con­duct or mal­ad­min­is­tra­tion in their offices; but pre­vi­ous to the tri­al of every impeach­ment the nobles shall respec­tive­ly be sworn tru­ly and impar­tial­ly to try and deter­mine the charge in ques­tion, accord­ing to evi­dence and law. Their judg­ment, how­ev­er, shall not extend fur­ther than the removal from office and dis­qual­i­fi­ca­tion to hold or enjoy any place of hon­or, trust, or prof­it under this gov­ern­ment; but the par­ty so con­vict­ed shall be, nev­er­the­less, liable to indict­ment, tri­al, judg­ment, and pun­ish­ment accord­ing to the laws of the land.

ARTICLE V. The Judi­cial Branch.

The judi­cial author­i­ty of the nation shall be vest­ed in one Supreme Court, and in such infe­ri­or courts as the Leg­is­la­ture may, from time to time, estab­lish.

The Supreme Court shall con­sist of a chief jus­tice and not less than two asso­ciate jus­tices, any one of whom may hold the court. The jus­tices of the supreme court shall hold their offices dur­ing good behav­ior, sub­ject to removal upon impeach­ment, and shall, at stat­ed times, receive for their ser­vices a com­pen­sa­tion, which shall not be dimin­ished dur­ing their con­tin­u­ance in office: Pro­vid­ed, how­ev­er, That any judge of the supreme court or any oth­er court of record may be removed from office on a res­o­lu­tion passed by two-thirds of all the mem­bers of the Leg­is­la­ture. The judge against whom the Leg­is­la­ture may be about to pro­ceed shall receive notice there­of; accom­pa­nied by a copy of the caus­es alleged for his removal, at least ten days before the day on which the Leg­is­la­ture shall act there­on. He shall be heard before the Leg­is­la­ture.

No per­son except a cit­i­zen of Hawai’i who has at least attained to the age of twen­ty-five years and is a res­i­dent shall be eli­gi­ble to the Office of Jus­tice of the Supreme Court. It is required that the Jus­tices be learned in the usage of the law of nations.

Before assum­ing the Office, the Jus­tices will take the fol­low­ing Oath: ““I do solemn­ly promise, in the pres­ence of Almighty God, that I will faith­ful­ly sup­port the Con­sti­tu­tion of Hawai’i, and con­sci­en­tious­ly and impar­tial­ly dis­charge my duties as a mem­ber of the Judi­cia­ry”.”

The Jus­tices, for their term of ser­vice to the coun­try, shall receive a com­pen­sa­tion from the Peo­ple, which shall be defined in the gen­er­al pub­lic law of the nation, and paid out of the nation­al trea­sury. They shall not receive any oth­er pay­ment with­in that peri­od made in def­er­ence to their high offices. No indi­vid­ual who holds office in the judi­cial branch may hold anoth­er posi­tion in the gov­ern­ment and receive income for such for the dura­tion of said ser­vice. The judi­cial author­i­ty shall be divid­ed among the Supreme Court and the sev­er­al infe­ri­or courts of the Nation, in such man­ner as the Leg­is­la­ture may from time to time pre­scribe, and the tenure of office in the infe­ri­or courts of the Nation shall be such as may be defined by the law cre­at­ing them.

The judi­cial author­i­ty shall extend to all cas­es in law and equi­ty aris­ing under the con­sti­tu­tion and laws of this Nation, and treaties made, or which shall be made, under their author­i­ty; to all cas­es affect­ing pub­lic min­is­ters and con­suls, and to all cas­es of admi­ral­ty and mar­itime juris­dic­tion.

The chief jus­tice of the supreme court shall be ex offi­cio pres­i­dent of the nobles in all cas­es of impeach­ment, unless when impeached him­self; and shall exer­cise such juris­dic­tion in equi­ty or oth­er cas­es as the law may con­fer upon him, his deci­sion being sub­ject how­ev­er, to the revi­sion of the supreme court on appeal. Should the chief jus­tice ever be impeached, some per­son spe­cial­ly com­mis­sioned by the Prime Min­is­ter shall pre­side over the court of impeach­ment dur­ing such tri­al.

The deci­sions of the Supreme Court, when made by a major­i­ty of the jus­tices there­of shall be final and con­clu­sive upon all par­ties.

The Prime Min­is­ter, the Exec­u­tive Cab­i­net, and the Leg­is­la­ture shall have author­i­ty to require the opin­ions of the jus­tices of the Supreme Court upon impor­tant ques­tions of law and upon solemn occa­sions.

The Prime Min­is­ter nom­i­nates can­di­dates to the posi­tions of the jus­tices of the Supreme Court and all oth­er judges of the courts of record. The can­di­dates are appoint­ed by the cit­i­zens through their Rep­re­sen­ta­tives in the Leg­is­la­ture. The salaries of the jus­tices of the Supreme Court and all oth­er judges of the courts of record are fixed by law.

No judge or mag­is­trate shall sit all alone on an appeal or new tri­al in any case on which he may have giv­en a pre­vi­ous judg­ment.

ARTICLE VI. Of Due Process.

All men and women shall have the priv­i­lege to due process of law. No per­son shall be com­pelled in any crim­i­nal case to be a wit­ness against him­self nor be deprived of life, lib­er­ty and the pur­suit of hap­pi­ness.

No per­son shall be sub­ject to pun­ish­ment for any offense, except on due and legal con­vic­tion there­of, in a court hav­ing juris­dic­tion of the case.

No per­son in Hawai’i shall be held to answer for any crime or offense unless upon indict­ment ful­ly and plain­ly describ­ing such crime or offense, and he or she shall have the right to meet the wit­ness­es who are pro­duced against him or her face to face; to pro­duce wit­ness­es and proof in his or her own favor, by him­self or her­self or their coun­sel, at his or her elec­tion, to exam­ine the wit­ness­es pro­duced by him­self or her­self and cross-exam­ine those pro­duced against him or her, and to be ful­ly heard in his or her own defense. In all cas­es in which the right of tri­al by jury has been hereto­fore used it shall be held invi­o­lable for­ev­er, except in actions of debt or assump­sit in which the amount claimed is less than fifty dol­lars.

No man or woman shall be required to answer again for an offense of which he or she has been duly con­vict­ed or of which he or she has been duly acquit­ted.

Pri­vate prop­er­ty may be tak­en for pub­lic use by the gov­ern­ment, but only upon due process of law. Just com­pen­sa­tion shall apply accord­ing to the man­date of civ­il law.

No per­son shall sit as a judge or juror in any case in which his or her rel­a­tive by affin­i­ty, or by con­san­guin­i­ty with­in the third degree, is inter­est­ed, either as plain­tiff or defen­dant, or in the issue of which the said judge or juror may have, either direct­ly or through such rel­a­tive, any pecu­niary inter­est.

ARTICLE VII. Terms of Alle­giance.

Each per­son in Hawai’i has a right to be pro­tect­ed in the enjoy­ment of life, lib­er­ty, and prop­er­ty, accord­ing to law. There­fore, they shall be oblig­ed to per­pet­u­ate Hawai’i’s inde­pen­dent sov­er­eign­ty and to con­tribute their pro­por­tion­al share.

ARTICLE VIII. Laws Retrieved from Sus­pen­sion.

All laws com­piled by the gov­ern­ment de jure pri­or to its unlaw­ful over­throw in 1893 shall be brought out of sus­pen­sion, then altered or repealed by the Leg­is­la­ture. All laws hereto­fore enact­ed, or that may here­after be enact­ed, which are con­trary to this con­sti­tu­tion shall be null and void.

ARTICLE IX. Sym­bols of the Nation.

The Mot­to of this Nation is Ua Mau Ke Ea O Ka Aina I Ka Pono (The Sov­er­eign­ty of the Land is Always Right­eous).

The Flag of this Nation is [under con­struc­tion].

The Great Seal of this Nation is [under con­struc­tion].

The Anthem of this Nation is Hawai’i Pono’i.

The Pledge of Alle­giance to this Nation is [needs to be com­posed].

ARTICLE X. The Rat­i­fi­ca­tion Process.

The Leg­is­la­ture has the author­i­ty to amend the con­sti­tu­tion accord­ing to the dic­tates of the law.

Any amend­ment or amend­ments to this con­sti­tu­tion may be pro­posed to the Leg­is­la­ture, and shall be sur­ren­dered to the Com­mit­tee of Con­sti­tu­tion­al Review. Upon clear­ing the com­mit­tee, the amend­ment shall be intro­duced to the full leg­is­la­ture by either a noble or a dis­trict rep­re­sen­ta­tive or an exec­u­tive min­is­ter. A sim­ple major­i­ty of the full leg­isla­tive body is required to for­ward the pro­posed amend­ment to the cit­i­zens for con­sid­er­a­tion. A plebiscite shall be con­duct­ed in all dis­tricts of the nation to vote on each amend­ment. A major­i­ty of two-thirds of all the dis­tricts is nec­es­sary for the pro­posed amend­ment to become part of the con­sti­tu­tion of this nation.

The Leg­is­la­ture shall con­sid­er amend­ing the con­sti­tu­tion every even num­bered year begin­ning in 2004 A.D. Pri­or to that date, the Leg­is­la­ture may con­sid­er amend­ments to the con­sti­tu­tion at every con­ven­ing of the Mana Kau Kanawai.

This con­sti­tu­tion shall be in force on the 29th day of April, A.D. 2000.

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