When Article I, Bill of Rights, was drafted by the 1950 convention, a number of its twenty sections included language almost identical to that found in the U.S. Constitution’s Bill of Rights. Under the Organic Act, those living in the territory of Hawaii enjoyed most of the rights guaranteed by the federal Bill of Rights, and a major factor motivating Hawaii’s framers to use essentially verbatim language was to ensure continuity of those rights, as interpreted by the federal courts, once statehood was achieved. In the years since statehood, when considering the...
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