Constitution

June 21st, 2008

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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