State constitution
Constitution of Hawaii
Data from Hawaii Legislative Reference Bureau
Full 18-article structure with condensed section text based on the official section catchlines. Repealed sections are marked (e.g. Art. V §3, Art. XVIII §3); the 1978 reorganization renumbered many articles. Read the verbatim text at the source link.
Article I Bill of Rights
§ 1 Political power
All political power is inherent in the people, who may institute a new government whenever the public good requires.
§ 2 Rights of individuals
All persons are free by nature and equal in their inherent rights, including life, liberty, and the pursuit of happiness and acquisition of property.
§ 3 Equality of rights
Equality of rights under the law shall not be denied or abridged on account of sex (the state Equal Rights Amendment).
§ 4 Freedom of religion, speech, press, assembly and petition
No law may be made respecting an establishment of religion or abridging the freedoms of speech, press, peaceable assembly, and petition.
§ 5 Due process and equal protection
No person may be deprived of life, liberty, or property without due process, denied equal protection, or discriminated against because of race, religion, sex, or ancestry.
§ 6 Right to privacy
The right of the people to privacy is recognized and shall not be infringed without a showing of compelling state interest.
§ 7 Searches, seizures and invasion of privacy
The people are secure against unreasonable searches, seizures, and invasions of privacy, and no warrant issues but upon probable cause supported by oath.
§ 8 Rights of citizens
No citizen may be denied enjoyment of civil rights or be discriminated against in the exercise thereof because of race, religion, sex, or ancestry.
§ 9 Enlistment; segregation
No person may be barred from enlisting in the state militia because of sex, nor segregated in the militia because of race, religion, or ancestry.
§ 10 Indictment; preliminary hearing; double jeopardy; self-incrimination
Serious crimes are charged by indictment, preliminary hearing, or information; no person is twice put in jeopardy or compelled to be a witness against themselves.
§ 11 Grand jury counsel
Whenever a grand jury is impaneled, an independent counsel is appointed to advise it as provided by law.
§ 12 Bail; excessive punishment
Excessive bail is not required, nor excessive fines imposed, nor cruel or unusual punishment inflicted; the privilege of habeas corpus applies to bail.
§ 13 Trial by jury, civil cases
In civil cases where the value in controversy exceeds a set amount, the right of trial by jury is preserved.
§ 14 Rights of accused
The accused enjoys the right to a speedy public trial by an impartial jury, to be informed of the charge, to confront witnesses, to compulsory process, and to counsel.
§ 15 Habeas corpus and suspension of laws
The privilege of the writ of habeas corpus may not be suspended except when public safety requires it in cases of rebellion or invasion.
§ 16 Supremacy of civil power
The military is held in strict subordination to the civil power.
§ 17 Right to bear arms
A well regulated militia being necessary to a free state, the right of the people to keep and bear arms shall not be infringed.
§ 18 Quartering of soldiers
No soldier may in peacetime be quartered in any house without the owner's consent, nor in war except as prescribed by law.
§ 19 Imprisonment for debt
No person may be imprisoned for debt.
§ 20 Eminent domain
Private property may not be taken or damaged for public use without just compensation.
§ 21 Limitations of special privileges
The power of the State to act in the general welfare is never impaired by the making of an irrevocable grant of special privileges or immunities.
§ 22 Construction
The enumeration of rights in this Constitution does not impair or deny others retained by the people.
§ 23 Marriage
The legislature has the power to reserve marriage to opposite-sex couples (superseded by federal constitutional law).
§ 24 Public access to conviction information
The public has access to information about persons convicted of certain offenses against children and certain sexual offenses, as provided by law.
§ 25 Sexual assault crimes against minors
The legislature may define, and set a limitation period for, sexual assault crimes committed against minors.
Article II Suffrage and Elections
§ 1 Qualifications
Every citizen of the United States who is at least eighteen and meets the residence and registration requirements is qualified to vote.
§ 2 Disqualification
No person may vote who is non compos mentis, or confined in prison for a felony, as provided by law.
§ 3 Residence
No person gains or loses residence for voting solely by presence or absence while in the service of the state or nation.
§ 4 Registration; voting
The legislature provides for registration of voters and the administration of elections, including secrecy of the ballot.
§ 5 Campaign fund, spending limit
The legislature establishes a campaign fund and may set limits on campaign spending for candidates who use it.
§ 6 Campaign contributions limits
The legislature sets limits on campaign contributions to candidates and committees.
§ 7 Resignation from public office
Any elected public officer who becomes a candidate for another office whose term overlaps must resign as provided by law.
§ 8 General, special and primary elections
General elections are held on the date fixed by law, and the legislature provides for primary and special elections.
§ 9 Presidential preference primary
The legislature may provide for a presidential preference primary.
§ 10 Contested elections
Contested elections are determined by a court of competent jurisdiction as provided by law.
Article III The Legislature
§ 1 Legislative power
The legislative power is vested in a legislature consisting of a senate and a house of representatives.
§ 2 Composition of senate
The senate is composed of the number of members serving four-year terms, elected from the senatorial districts.
§ 3 Composition of house of representatives
The house is composed of the number of members serving two-year terms, elected from the representative districts.
§ 4 Election of members; term
Members are elected at the general election, senators for four years and representatives for two years.
§ 5 Vacancies
Vacancies in the legislature are filled for the remainder of the term as provided by law.
§ 6 Qualifications of members
A legislator must be a citizen, at least the required age, and a qualified voter and resident of the district.
§ 7 Privileges of members
Members are privileged from arrest during sessions except for felony or breach of the peace and are not questioned elsewhere for their legislative speech.
§ 8 Disqualifications of members
No member may hold another public office or be interested in a state contract during their term, subject to exceptions.
§ 9 Legislative allowance
Members receive an allowance and salary as provided by law, subject to a salary commission.
§ 10 Sessions
The legislature convenes in regular annual session and may hold special sessions as provided.
§ 11 Adjournment
Neither house may adjourn for more than three days, or to another place, without the consent of the other.
§ 12 Organization; discipline; rules; procedure
Each house chooses its officers, judges its members' elections and qualifications, determines its rules, and may punish members.
§ 13 Quorum; compulsory attendance
A majority of each house is a quorum, and a smaller number may adjourn and compel the attendance of absent members.
§ 14 Bills; enactment
No law is passed except by bill, and each law embraces but one subject expressed in its title.
§ 15 Passage of bills
Bills pass three readings in each house on separate days, with final passage by recorded vote of a majority of all members.
§ 16 Approval or veto; reconsideration after adjournment
Every bill is presented to the governor, who may sign it, veto it, or allow it to become law; the legislature may reconsider vetoes after adjournment.
§ 17 Procedures upon veto
A vetoed bill is returned with objections and may be passed over the veto by a two-thirds vote of each house.
§ 18 Punishment of nonmembers
Each house may punish nonmembers for contempt or disorderly conduct affecting its proceedings.
§ 19 Impeachment
The governor and lieutenant governor may be impeached by the house and tried by the senate, or by other officers as provided.
Article IV Reapportionment
§ 1 Reapportionment years
The legislature is reapportioned in the years following each federal census (every ten years).
§ 2 Reapportionment commission
A reapportionment commission is constituted to reapportion the members of the legislature and to redistrict congressional seats.
§ 3 Chief election officer
A chief election officer serves as the nonvoting secretary of the commission and administers the process.
§ 4 Apportionment among basic island units
Members are apportioned among the basic island units on the basis of the number of permanent residents.
§ 5 Minimum representation for basic island units
Each basic island unit is guaranteed a minimum number of members.
§ 6 Apportionment within basic island units
Within each island unit, districts are drawn to be compact, contiguous, and as equal in population as practicable.
§ 7 Election of senators after reapportionment
Senators are elected following each reapportionment as provided.
§ 8 Staggered terms for the senate
The commission provides for the staggering of senatorial terms after reapportionment.
§ 9 Congressional redistricting
The commission redistricts the state for United States House of Representatives seats.
§ 10 Mandamus and judicial review
Original jurisdiction over challenges to reapportionment plans lies with the state supreme court by mandamus.
Article V The Executive
§ 1 Establishment of the executive
The executive power is vested in a governor, elected by the qualified voters for a four-year term, limited to two consecutive terms.
§ 2 Lieutenant governor
A lieutenant governor is elected at the same time and for the same term as the governor and performs duties assigned by law.
§ 3 (Repealed)
This section has been repealed.
§ 4 Succession to governorship; absence or disability
The lieutenant governor succeeds to or acts as governor upon the governor's death, resignation, removal, absence, or disability.
§ 5 Executive powers
The governor sees that the laws are faithfully executed, is commander-in-chief of the militia, and holds the appointment, pardon, and reprieve powers.
§ 6 Executive and administrative offices and departments
All executive and administrative offices are allocated among not more than twenty principal departments.
Article VI The Judiciary
§ 1 Judicial power
The judicial power is vested in one supreme court, one intermediate appellate court, circuit courts, and inferior courts established by law.
§ 2 Supreme court; intermediate appellate court; circuit courts
The supreme court consists of a chief justice and associate justices, and the legislature establishes the intermediate appellate and circuit courts.
§ 3 Appointment of justices and judges; qualifications; tenure
Justices and judges are appointed by the governor from a list submitted by the judicial selection commission, with senate consent for appellate judges.
§ 4 Judicial selection commission
A judicial selection commission nominates candidates for judicial office and decides on the retention of judges.
§ 5 Retirement; removal; discipline
Justices and judges are subject to mandatory retirement, and may be removed or disciplined for cause as provided.
§ 6 Administration
The chief justice is the administrative head of the courts and may assign judges among the courts.
§ 7 Rules
The supreme court promulgates rules of practice and procedure for all courts, which have the force of law.
Article VII Taxation and Finance
§ 1 Taxing power inalienable
The power of taxation may never be surrendered, suspended, or contracted away.
§ 2 Income taxation
In enacting income tax laws, the legislature may define income by reference to the federal law.
§ 3 Tax review commission
A tax review commission periodically reviews the state's tax structure and recommends revisions.
§ 4 Appropriations for private purposes prohibited
No public money may be appropriated for private purposes, except grants under standards provided by law.
§ 5 Expenditure controls
Provision is made for the control of expenditures to keep them within available revenues.
§ 6 Disposition of excess revenues
When the general fund balance exceeds a set threshold for two years, a tax refund or credit is provided to taxpayers.
§ 7 Council on revenues
A council on revenues prepares revenue estimates that the governor and legislature must consider in the budget.
§ 8 The budget
The governor submits a balanced budget setting forth proposed expenditures and anticipated revenues.
§ 9 Legislative appropriations; expenditure ceiling
Legislative appropriations follow prescribed procedures and are subject to a general fund expenditure ceiling tied to economic growth.
§ 10 Auditor
The legislature appoints an auditor to conduct post-audits of the state's financial transactions and accounts.
§ 11 Lapsing of appropriations
Appropriations lapse at the end of the fiscal period unless otherwise provided.
§ 12 Definitions; issuance of indebtedness
Defines forms of state debt and authorizes the issuance of general obligation, revenue, and reimbursable bonds under limits.
§ 13 Debt limit; exclusions
Total state indebtedness may not exceed a percentage of average general fund revenues, with specified exclusions.
Article VIII Local Government
§ 1 Creation; powers of political subdivisions
The legislature creates counties and other political subdivisions and grants them powers by general law.
§ 2 Local self-government; charter
Each political subdivision may frame and adopt a charter for its own self-government within the limits of general law.
§ 3 Taxation and finance
The taxation and finance powers of the political subdivisions are as provided by law, including real property taxation.
§ 4 Mandates; accrued claims
If the state mandates a new program or increases service levels for a political subdivision, it must share the cost.
§ 5 Transfer of mandated programs
Programs may be transferred between the state and political subdivisions as provided by law.
§ 6 Statewide laws
This article does not limit the power of the legislature to enact laws of statewide concern.
Article IX Public Health and Welfare
§ 1 Public health
The State provides for the protection and promotion of the public health.
§ 2 Care of handicapped persons
The State provides for the treatment and rehabilitation of persons with mental and physical disabilities.
§ 3 Public assistance
The State provides financial assistance, medical assistance, and social services for persons unable to maintain a standard of living compatible with decency and health.
§ 4 Economic security of the elderly
The State has power to provide for the economic security and social welfare of the elderly.
§ 5 Housing, slum clearance, development and rehabilitation
The State provides for housing, slum clearance, and community development and rehabilitation.
§ 6 Management of state population growth
The State may plan and manage the growth and distribution of the state's population.
§ 7 Public sightliness and good order
The State has the power to conserve and develop scenic and historic areas and to promote public sightliness and good order.
§ 8 Preservation of a healthful environment
The State promotes the conservation, quality, and use of natural resources to fulfill the right to a clean and healthful environment.
§ 9 Cultural resources
The State promotes the study, development, and preservation of the culture, arts, and traditions of Hawaii.
§ 10 Public safety
The State provides for the safety of the people from crimes against persons and property.
Article X Education
§ 1 Public education
The State provides for a statewide system of free public schools and may provide for other educational institutions.
§ 2 Board of education
The public school system is governed by a board of education whose members are appointed by the governor as provided by law.
§ 3 Power of the board of education
The board of education has the power to formulate statewide educational policy and appoints the superintendent of education.
§ 4 Hawaiian education program
The State promotes the study of Hawaiian culture, history, and language, and provides a Hawaiian education program in the public schools.
§ 5 University of Hawaii
The University of Hawaii is established as the state university and a public corporation of the State.
§ 6 Board of regents; powers
The University is governed by a board of regents with the power to manage its internal affairs and exclusive jurisdiction over its policy.
Article XI Conservation, Control and Development of Resources
§ 1 Conservation and development of resources
The State conserves and protects its natural resources, including land, water, air, minerals, and energy, for the benefit of present and future generations.
§ 2 Management and disposition of natural resources
The legislature vests in one or more executive boards the power to manage and control the state's natural resources and public lands.
§ 3 Agricultural lands
The State conserves and protects agricultural lands and assures their availability for agricultural use.
§ 4 Public land banking
The State may acquire and hold land in a land bank for future public use.
§ 5 General laws required; exceptions
Land dispositions and natural-resource management are governed by general laws, subject to stated exceptions.
§ 6 Marine resources
The State protects and regulates the use of Hawaii's marine, seabed, and other ocean resources.
§ 7 Water resources
The State protects, controls, and regulates the use of Hawaii's water resources for the benefit of its people through a water resources agency.
§ 8 Nuclear energy
No nuclear fission power plant may be constructed without the prior approval of two-thirds of each house of the legislature.
§ 9 Environmental rights
Each person has the right to a clean and healthful environment, enforceable against any party, public or private.
§ 10 Farm and home ownership
The State promotes widespread farm and home ownership among the people.
§ 11 Exclusive economic zone
The State's jurisdiction extends to the exclusive economic zone to the extent permitted by federal law.
Article XII Hawaiian Affairs
§ 1 Hawaiian Homes Commission Act
The Hawaiian Homes Commission Act is adopted as a law of the State, and the State manages the Hawaiian home lands trust.
§ 2 Acceptance of compact
The State accepts, as a compact with the United States, the trust obligations relating to the Hawaiian home lands.
§ 3 Compact adoption; procedures after adoption
Amendments to the Hawaiian Homes Commission Act require the procedures and federal consent specified.
§ 4 Public trust
The lands granted to the State on admission, except Hawaiian home lands, are held as a public trust for native Hawaiians and the general public.
§ 5 Office of Hawaiian Affairs; board of trustees
An Office of Hawaiian Affairs is established, governed by an elected board of trustees, to hold and manage assets for native Hawaiians and Hawaiians.
§ 6 Powers of board of trustees
The board of trustees manages the office's assets and the pro rata share of the public trust for the betterment of native Hawaiians and Hawaiians.
§ 7 Traditional and customary rights
The State protects the customarily and traditionally exercised rights of native Hawaiians for subsistence, cultural, and religious purposes.
Article XIII Organization; Collective Bargaining
§ 1 Private employees
Persons in private employment have the right to organize for the purpose of collective bargaining.
§ 2 Public employees
Persons in public employment have the right to organize and to bargain collectively as provided by law.
Article XIV Code of Ethics
§ — Code of ethics
The people, being aware that public officers hold a public trust, require the legislature and each political subdivision to adopt a code of ethics dealing with conflicts of interest, financial disclosure, and lobbyist regulation, administered by ethics commissions.
Article XV State Boundaries; Capital; Flag; Language and Motto
§ 1 Boundaries
The State consists of the islands, reefs, and territorial and archipelagic waters included in the Territory of Hawaii on admission, together with any additions.
§ 2 Capital
Honolulu, on the island of Oahu, is the state capital.
§ 3 State flag
The Hawaiian flag is the official flag of the State.
§ 4 Official languages
English and Hawaiian are the official languages of Hawaii, with Hawaiian required for public acts only as provided by law.
§ 5 Motto
The state motto is "Ua mau ke ea o ka aina i ka pono" ("The life of the land is perpetuated in righteousness").
Article XVI General and Miscellaneous Provisions
§ 1 Civil service
The employment of persons in the civil service is governed by the merit principle.
§ 2 Employees' retirement system
Membership in an employees' retirement system is a contractual relationship whose accrued benefits may not be diminished or impaired.
§ 3 Disqualifications from public office or employment
Persons convicted of certain crimes and those who advocate the overthrow of government by force may be disqualified from public office or employment.
§ 3.5 Salary commission
A commission periodically reviews and sets the salaries of the justices, judges, legislators, and other designated officers.
§ 4 Oath of office
All officers take an oath to support and defend the state and federal constitutions and to faithfully discharge their duties.
§ 5 Intergovernmental relations
The State and its subdivisions may cooperate and contract with the federal government and other governments.
§ 6 Federal lands
The State consents to the acquisition and holding of lands by the United States for governmental purposes.
§ 7 Compliance with trust
Any trust provisions under which the State received lands are complied with as conditions of the grant.
§ 8 Administration of undisposed lands
Lands not otherwise disposed of are administered by the State as provided by law.
§ 9 Tax exemption of federal property
Property owned by the United States is exempt from state and local taxation except as consented to by Congress.
§ 10 Hawaii national park
The State's jurisdiction over lands within Hawaii national park is subject to the terms under which they were ceded.
§ 11 Judicial rights
No person may be denied the enjoyment of civil or judicial rights because of a difference in race, religion, sex, or ancestry.
§ 12 Quieting title
The State may bring actions to quiet title to lands claimed by it.
§ 13 Plain language
Insofar as practicable, all governmental writings meant for the public should be plainly worded and easily understood.
§ 14 Titles, subtitles; construction
The titles and subtitles of the articles and sections are not part of the Constitution and do not control its construction.
§ 15 General power
The State has the general power to exercise all powers not denied it by this Constitution or the Constitution of the United States.
§ 16 Provisions are self-executing
The provisions of this Constitution are self-executing to the fullest extent possible.
Article XVII Revision and Amendment
§ 1 Methods of proposal
Amendments may be proposed by constitutional convention or by the legislature, and any proposal must be ratified by the voters.
§ 2 Constitutional convention
The question of holding a convention is submitted to the voters at least every ten years; delegates are elected and their proposals submitted for ratification.
§ 3 Amendments proposed by legislature
The legislature may propose amendments by a two-thirds vote in each house at one session, or a majority at two successive sessions, then submit them to the voters.
§ 4 Veto
A proposed constitutional amendment is not subject to the governor's veto.
§ 5 Conflicting revisions or amendments
If conflicting revisions or amendments are ratified at the same election, the one receiving the highest number of votes prevails.
Article XVIII Schedule
§ 1 Districting and apportionment
Transitional provisions for the initial districting and apportionment following the 1978 convention.
§ 2 1978 Senatorial elections
Transitional arrangements governing the 1978 senatorial elections.
§ 3 (Repealed)
This section has been repealed.
§ 4 Effective date for term limitations
Sets when the term limitations for governor and lieutenant governor took effect.
§ 5 Judiciary: transition; effective date
Transitional provisions and effective date for the reorganized judiciary.
§ 6 Real property tax transfer
Effective date and application of the transfer of the real property tax function to the counties.
§ 7 1978 Board of education elections
Transitional provisions for the 1978 board of education elections.
§ 8 Office of Hawaiian Affairs
Effective date for the establishment of the Office of Hawaiian Affairs.
§ 9 Continuity of laws
All laws in force at the time the amendments took effect continue until amended or repealed.
§ 10 Debts
Existing debts and obligations of the State remain valid and unimpaired.
§ 11 Residence, other qualifications
Residence and other qualifications continue to be computed as under the prior provisions during the transition.
§ 12 Board of education transition
Transitional provisions for the board of education under the amended article.
Full, verbatim text at Hawaii Legislative Reference Bureau