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Oxford Law Citator
Part One The History of the Hawaii Constitution
The History and Development of the Hawaii Constitution
Constitutional Monarchy and the Republic of Hawaii
Constitution of 1840
The Great Mahele
Constitution of 1852
Constitution of 1864
Constitution of 1887: The “Bayonet Constitution”
Republic of Hawaii
The Organic Act: Hawaii as a Territory
The 1950 Constitutional Convention: Hopes for Statehood
The 1968 Constitutional Convention
The 1978 Constitutional Convention
Legislatively Proposed Constitutional Changes
Voters Reject Another Convention
Part Two The Hawaii Constitution and Commentary
Federal Constitution Adopted
Art.I Bill of Rights
s.1 Political Power.
s.2 Rights of Individuals.
s.3 Equality of Rights.
s.4 Freedom of Religion, Speech, Press, Assembly and Petition.
The Establishment Clause
The Free Exercise Clause
The Right to Free Speech
Freedom of the Press
s.5 Due Process and Equal Protection.
s.6 Right to Privacy.
s.7 Searches, Seizures and Invasion of Privacy.
s.8 Rights of Citizens.
s.9 Enlistment; Segregation.
s.10 Indictment; Preliminary Hearing; Double Jeopardy; Self-Incrimination.
Grand Jury and Preliminary Hearing
s.11 Grand Jury Counsel.
s.12 Bail; Excessive Punishment.
Cruel and Unusual Punishment
s.13 Trial by Jury, Civil Cases.
s.14 Rights of Accused.
Trial by Jury
Confrontation and Compulsory Process
Assistance of Counsel
s.15 Habeas Corpus and Suspension of Laws.
s.16 Supremacy of Civil Power.
s.17 Right to Bear Arms.
s.18 Quartering of Soldiers.
s.19 Imprisonment for Debt.
s.20 Eminent Domain.
s.21 Limitations of Special Privileges.
Art.II Suffrage and Elections
s.4 Registration; Voting.
s.5 Campaign Fund, Spending Limit.
s.6 Campaign Contributions Limits.
s.7 Resignation from Public Office.
s.8 General, Special and Primary Elections.
s.9 Presidential Preference Primary.
s.10 Contested Elections.
Art.III The Legislature
s.1 Legislative Power.
s.2 Composition of Senate.
s.3 Composition of House of Representatives.
s.4 Election of Members; Term.
s.6 Qualifications of Members.
s.7 Privileges of Members.
s.8 Disqualifications of Members.
s.9 Salary; Allowances; Commission on Legislative Salary.
s.12 Organization; Discipline; Rules; Procedure.
s.13 Quorum; Compulsory Attendance.
s.14 Bills; Enactment.
s.15 Passage of Bills.
s.16 Approval or Veto.
s.17 Procedures upon Veto.
s.18 Punishment of Nonmembers.
s.1 Reapportionment Years.
s.2 Reapportionment Commission.
s.3 Chief Election Officer.
s.4 Apportionment Among Basic Island Units.
s.5 Minimum Representation for Basic Island Units.
s.6 Apportionment Within Basic Island Units.
s.7 Election of Senators after Reapportionment.
s.8 Staggered Terms for the Senate.
s.9 Congressional Redistricting for United States House of Representatives.
s.10 Mandamus and Judicial Review.
Art.V The Executive
s.1 Establishment of the Executive.
s.2 Lieutenant Governor.
s.3 Compensation: Governor, Lieutenant Governor.
s.4 Succession to Governorship; Absence or Disability of Governor.
s.5 Executive Powers.
s.6 Executive and Administrative Offices and Departments.
Art.VI The Judiciary
s.1 Judicial Power.
s.2 Supreme Court; Intermediate Appellate Court; Circuit Courts.
s.3 Appointment of Justices and Judges.
s.4 Judicial Selection Commission.
s.5 Retirement; Removal; Discipline.
Art.VII Taxation and Finance
s.1 Taxing Power Inalienable.
s.2 Income Taxation.
s.3 Tax Review Commission.
s.4 Appropriations for Private Purposes Prohibited.
s.5 Expenditure Controls.
s.6 Disposition of Excess Revenues.
s.7 Council on Revenues.
s.8 The Budget.
s.9 Legislative Appropriations; Procedures; Expenditure Ceiling.
s.11 Lapsing of Appropriations.
s.12 Definitions; Issuance of Indebtedness.
s.13 Debt Limit; Exclusions.
Art.VIII Local Government
s.1 Creation; Powers of Political Subdivisions.
s.2 Local Self-Government; Charter.
s.3 Taxation and Finance.
s.4 Mandates; Accrued Claims.
s.5 Transfer of Mandated Programs.
s.6 Statewide Laws.
Art.IX Public Health and Welfare
s.1 Public Health.
s.2 Care of Handicapped Persons.
s.3 Public Assistance.
s.4 Economic Security of the Elderly.
s.5 Housing, Slum Clearance, Development and Rehabilitation.
s.6 Management of State Population Growth.
s.7 Public Sightliness and Good Order.
s.8 Preservation of a Healthful Environment.
s.9 Cultural Resources.
s.10 Public Safety.
s.1 Public Education.
s.2 Board of Education.
s.3 Power of the Board of Education.
s.4 Hawaiian Education Program.
s.5 University of Hawaii.
s.6 Board of Regents; Powers.
Art.XI Conservation, Control and Development of Resources
s.1 Conservation and Development of Resources.
s.2 Management and Disposition of Natural Resources.
s.3 Agricultural Lands.
s.4 Public Land Banking.
s.5 General Laws Required; Exceptions.
s.6 Marine Resources.
s.7 Water Resources.
s.8 Nuclear Energy.
s.9 Environmental Rights.
s.10 Farm and Home Ownership.
s. Exclusive Economic Zone.
Art.XII Hawaiian Affairs
s.1 Hawaiian Homes Commission Act.
s.2 Acceptance of Compact.
s.3 Compact Adoption; Procedures After Adoption.
s.4 Public Trust.
s.5 Office of Hawaiian Affairs; Establishment of Board of Trustees.
s.6 Powers of Board of Trustees.
s.7 Traditional and Customary Rights.
Art.XIII Organization; Collective Bargaining
s.1 Private Employees.
s.2 Public Employees.
Art.XIV Code of Ethics
Art.XV State Boundaries; Capital; Flag; Language and Motto
s.3 State Flag.
s.4 Official Languages.
Art.XVI General and Miscellaneous Provisions
s.1 Civil Service.
s.2 Employees’ Retirement System.
s.3 Disqualifications from Public Office or Employment.
s.4 Oath of Office.
s.5 Intergovernmental Relations.
s.6 Federal Lands.
s.7 Compliance with Trust.
s.8 Administration of Undisposed Lands.
s.9 Tax Exemption of Federal Property.
s.10 Hawaii National Park.
s.11 Judicial Rights.
s.12 Quieting Title.
s.13 Plain Language.
s.14 Titles, Subtitles; Construction.
s.15 General Power.
s.16 Provisions Are Self-Executing.
Art.XVII Revision and Amendment
s.1 Methods of Proposal.
s.2 Constitutional Convention.
s.3 Amendments Proposed by Legislature.
s.5 Conflicting Revisions or Amendments.
s.1 Districting and Apportionment
s.2 1978 Senatorial Elections.
s.3 Salaries of Legislators.
s.4 Effective Date for Term Limitations for Governor and Lieutenant Governor.
s.5 Judiciary: Transition; Effective Date.
s.6 Effective Date and Application of Real Property Tax Transfer.
s.7 1978 Board of Education Elections.
s.8 Effective Date for Office of Hawaiian Affairs.
s.9 Continuity of Laws.
s.11 Residence, Other Qualifications.
Table of Cases
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The Hawaii State Constitution
Anne Lee Feder
US Constitutional Law [USC]
Oxford Commentaries on the State Constitutions of the United States
Published in print:
15 April 2011