PREAMBLE TO THE CONSTITUTION
We, the People of Hawai‘i, grateful for Divine Providence, and mindful of our Hawaiian heritage and uniqueness as an island nation, dedicate our efforts to fulfill our national philosophy decreed by King Kamehameha III in 1843, “Ua Mau Ke Eā ‘O Ka ‘Āina I Ka Pono.”
We reserve the right to control our destiny, to nurture the integrity of our people and culture, and to preserve the quality of life that we desire. We reaffirm our belief in a government of the people, by the people and for the people.
As 225 years have passed since the unification of the Hawaiian Islands by King Kamehameha the Great, we restore this nation to its sovereign status as a government within the community of nations, and, with an understanding and compassionate heart towards all the people of the earth, do hereby ordain and establish this Constitution of the Kingdom of Hawai‘i.
ARTICLE ONE.
Declaration of Common Rights
SECTION 1. God hath endowed all people with certain inalienable rights; among which are life, liberty, and the right of acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.
SECTION 2. All people are free to worship and gather in fellowship according to the dictates of their own consciences; but this sacred privilege hereby secured, shall not be so construed as to justify acts inconsistent with the peace and safety of this nation.
SECTION 3. All people may freely speak, write, and publish their sentiments on all subjects, being responsible for the abuse of that right; and, no law shall be enacted to abridge the liberty of speech, or of the press, except such laws as may be necessary for the peace and safety of this nation.
SECTION 4. All people 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 of grievances.
SECTION 5. All people shall have the right to bear arms for self-defense and to support subsistence. This right shall not extend to use of arms for purposes detrimental to public health, safety and well-being, or for the destruction of public or private property.
SECTION 6. The military shall always be subject to the laws of the land and no soldier, in time of war or peace, shall be quartered in any hose without consent of the owner.
SECTION 7. The privilege of the writ of Habeas Corpus belongs to all men, and shall not be suspended, unless by the Prime Minister, when in cases of rebellion or invasion, the public safety shall require its suspension.
SECTION 8. Involuntary servitude, except as punishment for crime, is forever prohibited in this nation. No law respecting such shall ever be enacted by the government.
SECTION 9. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
SECTION 10. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy; nor shall any person be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation.
SECTION 11. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
SECTION 12. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tries by a jury, shall be otherwise reexamined in any court of the Kingdom of Hawai‘i, than according to the rules of the common law.
SECTION 13. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The court may dispense with bail if reasonably satisfied that the defendant or witness will appear when directed, except for a defendant charged with an offense punishable by life imprisonment.
SECTION 14. The right of the people to privacy is recognized and shall not be infringed without showing of a compelling state interest. The Parliament shall take affirmative steps to implement this right.
SECTION 15. There shall be no imprisonment for debt.
ARTICLE TWO
Form of Government & Sovereignty
SECTION 1. All political power of this nation is inherent in the people and the responsibility for the exercise thereof shall be vested in the people. The government is founded on this authority.
SECTION 2. Hawai‘i shall be a constitutional monarchy with a republican form of government. The exercise of the powers of government shall be divided into the executive branch vested in a Prime Minister and Cabinet; a legislative branch vested in a bicameral Parliament; and a judicial branch vested in the Hawai‘i Supreme Court and lower courts as provided by law.
SECTION 3. Hawai‘i shall have a Monarch. The delegated responsibility of the Monarch is to serve as a symbol of the nation and the unity of its people. The Monarch manifests the existing rights reserved to the Hawaiian Kingdom.
ARTICLE THREE
Suffrage & Elections
SECTION 1. Every citizen of the Hawaiian Kingdom who has attained to the age of eighteen years, and is a registered vote as provided by law, shall be qualified to vote in any government election seeing that no person who is declared mentally unqualified shall be qualified to vote. No person convicted of a felony shall be qualified to vote except upon the person’s final discharge.
SECTION 2. No person shall be deemed to have gained or lost residence simply because of the person’s presence or absence while employed in the service of the Hawaiian Kingdom, or while engaged in navigation or while a student at any institution of learning.
SECTION 3. The Parliament shall provide for the registration of voters and for absentee voting and shall prescribe the method of voting in all elections. Secrecy of voting and choice shall be preserved; provided that no person shall be required to declare a party preference or non-partisanship as a condition of voting in any primary or special primary election.
SECTION 4. The Parliament shall not impose a limit on campaign spending; nor shall Parliament impose a limit on contributions to any political candidate or authorized political organization within the nation.
SECTION 5. Any elected officer shall resign from the office before being eligible as a candidate for another public office if the term of the office sought begins before the end of the term of the office held.
SECTION 6. General elections shall be held on the first Tuesday in November every even-numbered year. Special and primary elections may be held as provided by law; provided that in no case shall any primary election precede a general election by less than forty-five days or more than sixty days.
SECTION 7. Contested elections shall be determined by a court of competent jurisdiction in such a manner as provided by law.
ARTICLE FOUR
Governmental Regulations & Obligations
SECTION 1. 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 officer or judicial officer, or any contractor or employee of the government, or any person in receipt of a salary or emolument from the government, shall be eligible to election to the Parliament, or to hold the position of an elected member of the same. And no member of Parliament, shall, during the time for which he or she is elected, be appointed to any civil office under the government.
SECTION 2. The government will review, amend, enact and execute all civil and penal laws of the Hawaiian Kingdom to serve as the domestic laws of the nation.
SECTION 3. No office of this government shall hold any other office or receive any salary from any other division of the government.
ARTICLE FIVE
Office of the Monarch
SECTION 1. Role. The Monarch shall serve as a symbol of the nation and the unity of its people. The Monarch shall have no power of state or government.
SECTION 2. Requirements. Only persons of aboriginal Hawaiian ancestry who have attained to the age of eighteen years and who are legitimate members of the ruling house shall be eligible to the Office of the Monarch. No person who has been convicted of a crime, or is declared mentally incapable shall be named as a successor to the throne.
SECTION 3. Succession. The system of succession shall be hereditary. Election of a Monarch shall occur only when a royal house fails to produce or name a successor, therefore ending the reign of that house.
SECTION 4. Coronation and Installation. A successor must be installed by coronation in order to officially ascend to the office upon the death, resignation or incapacitation of the current Monarch. The successor must take the following oath: “I proclaim before God and my fellow citizens, that I shall attain to the Office of Monarch, knowing fully my duties to this nation, and will to the best of my ability, execute such duties faithfully and honorably.”
SECTION 5. Cultural Efforts. It is the duty of the Monarch to serve as the Special Representative of Cultural Affairs. The Monarch will oversee all public efforts within this nation towards the preservation of the aboriginal Hawaiian culture.
SECTION 6. Receiving Foreign Officials. The Monarch shall be responsible for receiving all foreign officials including heads of state and government, ambassadors and ministers.
SECTION 7. Ceremonial Functions. The Monarch shall be responsible for performing other ceremonial functions delegated to them by the government.
SECTION 8. Consulting the Government. The Monarch will consult the government on all acts of national and international affairs in an advisory capacity. The Monarch will consult the government on all public appointments. The Monarch may appoint a Secretary to assist him or her in the duties of the Office.
SECTION 9. Royal Assent. The Monarch shall ceremonially sign legislation passed by the government and signed by the Prime Minister.
SECTION 10. National Honors and Orders. The Monarch shall have the distinct privilege of establishing and conferring upon citizens the orders and honors of the nation in recognition of their service or actions. Recommendations by the Prime Minister may be considered by the Monarch.
SECTION 11. Subject to Law. The Monarch must observe and uphold all laws of the nation.
SECTION 12. Budget and Compensation. The Parliament establishes the compensation owed to the occupant of the Office of the Monarch, and that Office’s secretary. The expenses of the Office shall be audited by a qualified financial officer appointed by the Prime Minister from the Department of Finance.
ARTICLE SIX
Executive Branch
SECTION 1. Power and Election. The executive authority of the nation shall be vested in the Prime Minister of the Kingdom of Hawai‘i. The citizens of Hawai‘i shall elect a Prime Minister and Deputy Prime Minister. Candidates for the Office of Deputy Prime Minister shall have the same qualifications required of candidates for the Office of the Prime Minister.
SECTION 2. Requirements. No person except a natural born or naturalized citizen of Hawai‘i who has attained to the age of thirty years by the day of election and is a resident of Hawai‘i for at least ten years prior to the election, shall be eligible to the Office of the Prime Minister. Any changes to the qualifications and verifications process for candidates shall be made by Parliament and approved by the people through referendum.
SECTION 3. Inauguration. Before the Prime Minister-elect shall enter on the execution of the duties of the Office, he or she shall be required to take the following oath: “I do solemnly swear (or affirm), that I will faithfully execute the duties of the Office of the Prime Minister, to uphold the Constitution and all national laws, to promote the welfare of the People, and to protect the sovereignty of the Kingdom of Hawai‘i.”
SECTION 4. Term of Office. The term of office for the Prime Minister and Deputy Prime Minister shall begin at noon on the first Monday of December, and end on the same, four years later. No person shall serve more than two full terms as Prime Minister.
SECTION 5. Role. The Prime Minister supervises the administration of the affairs of state and government. The Prime Minister, with the aid of the Cabinet, shall conduct foreign affairs, administer the law faithfully and manage domestic affairs of state, supervise programs safeguarding the national lands, prepare the budget of the government for review by the Parliament biannually, and oversee all national defense efforts, civil and otherwise.
SECTION 6. Cabinet. To pursue these respective goals, the Prime Minister and the Deputy Prime Minister will be aided by the required department administrators: a Secretary of State, Secretary of Finance, Attorney General and Secretary of Defense. The Prime Minister may propose that Parliament establish departments to further assist him or her in carrying out the responsibilities of the office. All department administrators shall make up the Cabinet.
SECTION 7. Appointment of Cabinet. The members of the Cabinet shall be appointed by the Prime Minister and shall receive their commission from the Senate. The Prime Minister will decide on the recommendations of his or her Cabinet, the Executive Office of the Prime Minister and other government administrators and deputies.
SECTION 8. Cabinet Offices. 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 staff.
SECTION 9. Compensation. The Prime Minister, Deputy Prime Minister and Cabinet shall receive compensation for their service as provided by law. This compensation shall neither be increased nor decreased during their term or terms of service, and they shall not receive any payment within that period made in deference to their high offices.
SECTION 10. Power of Consent and Veto. The Prime Minister shall have the power to approve or reject legislation presented to his or her office; provided that should he or she reject any legislation, that such legislation be returned to Parliament within 10 days of its passage, unless such legislation was submitted to the Prime Minister within 10 days prior to the end of legislative session in which the Prime Minister shall have an extension of fifteen days to consider the measure. A written statement of the Prime Minister’s objections shall be required with all legislation returned to Parliament.
SECTION 11. Biennial Budget. The Prime Minister is required to submit the budget for the government to Parliament, to execute expenditures of the government for the fiscal biennium beginning on the first of June and ending on the thirty-first of May two calendar years later.
SECTION 12. Parliamentary Address. The Prime Minister shall be required to present to Parliament an address concerning the state of the nation on the evening of the third Monday of January.
SECTION 13. Commander in Chief. The Prime Minister is the commander in chief of the army, navy, air force and other established defense forces. But, he or she shall never proclaim war without the consent of the Parliament. No military force shall be organized without the authority of the Parliament.
SECTION 14. Executive Orders. The Prime Minister may issue executive orders to direct the agencies of the government. No executive order shall violate or supersede national law.
SECTION 15. Pardons and Reprieves. The Prime Minister, by advice of the designated authority, shall have the power to grant reprieves and pardons, after conviction, for all offenses, except in the case of impeachment.
SECTION 16. Treaties. The Prime Minister shall have the authority, with the consent of the Senate, to make treaties provided that two-thirds of the Senate concur. Treaties involving changes in the tariff in any law of the nation must be referred to Parliament for approval.
SECTION 17. Ambassadors. The Prime Minister shall appoint ambassadors and representatives who shall be commissioned, accredited and instructed agreeably to the usage of the law of nations. Such appointments shall be confirmed by two-thirds of the Senate.
SECTION 18. Martial Law. The Prime Minister, in case of rebellion or invasion, can place the whole nation or part of it under martial law provided that no declaration shall extend beyond seven calendar days without the approval of the Parliament.
SECTION 19. Removal. The Prime Minister, Deputy Prime Minister and Cabinet may be removed from office on impeachment for, and conviction of, treason, bribery, or other violations of law.
SECTION 20. Succession. In case of the removal of the Prime Minister from office, or of his or her death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Deputy Prime Minister, and the Parliament may by law provide for the case of removal, death, resignation or inability, both of the Prime Minister and Deputy Prime Minister, declaring what office shall then act as Prime Minister, and such officer shall act accordingly, until the disability be removed, or a Prime Minister shall be elected.
ARTICLE SEVEN
The Legislative Branch
SECTION 1. Establishment and Period of Parliamentary Session. All legislative powers herein granted shall be vested in a Parliament of the Kingdom of Hawai‘i, officially named the ‘Aha‘olelo Lāhui Hawai‘i, which shall consist of a House of Representatives and a Senate. It shall assemble annually, on the first Monday of December. Sessions of Parliament shall conclude on the third Friday of September.
SECTION 2. Assembly at Seat of Government. Parliament shall assemble at the seat of government in the District of 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 Parliament in special session not to exceed fifteen days.
SECTION 3. Election and Requirements. Members of Parliament are elected by the registered voters of their respective districts provided that no citizen who has not attained to the age of 20 years and has not been a resident for at least two years shall be eligible as a member of the House; nor shall any citizen who has not attained to the age of 25 years and has not been a resident for at least seven years shall be eligible as a member of the Senate.
SECTION 4. Term of Office. The term of a member of the House of Representatives shall begin on the first Monday of December immediately following the general election and end on the same day two years later. For a members of the Senate, it shall conclude on the same day four years later.
SECTION 5. Installation. Upon entering office, a member of Parliament shall take the following oath: “I do solemnly swear (or affirm), that I will support and defend the Constitution against all enemies foreign and domestic, and I will bear true faith and allegiance to the same, and that I will faithfully execute the duties of the office to which I am about to enter.”
SECTION 6. Vacated Seat. In the event that a seat in Parliament is vacated, an individual of the same political affiliation who lives in the district of the vacated seat shall be appointed to serve the remainder of the term by the Prime Minister as provided by law.
SECTION 7. House Officers. Both Houses shall elect its own officers from among its members provided that the House of Representatives elects the Speaker of the House and the Senate elects the President of the Senate.
SECTION 8. Qualifications, Quorum and Attendance. Each House shall be the judge of elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner, and under such penalties as each House may provide.
SECTION 9. Rules of Proceedings. Each House may determine the rules of its proceedings and shall annually publish such journal for the public record. The yeas and nays of the members of either House on any question shall be entered on the journal.
SECTION 10. Compensation. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Kingdom of Hawai‘i.
SECTION 11. Privileged from Arrest. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
SECTION 12. Limitations on Civil Service. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the Kingdom of Hawai‘i, which shall have been created, or the emoluments whereof shall have been increased during such time; and, no person holding any office under the Kingdom of Hawai‘i, shall be a member of either House during his continuance in office.
SECTION 13. Legislative Process. Every bill which shall have passed the House of Representatives and Senate, shall, before it become a law, be presented to the Prime Minister; if he or she approves, he shall sign it. However, should the Prime Minister no approve, he shall return it, which his or her objections to that House in which it shall have originated. Such House shall enter the objections into their journal and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent with the objections of the Prime Minister to the other House, by which it shall be likewise reconsidered; and, if approved by two thirds of that House it shall become law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for an against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the Prime Minister within ten days, no including Sundays, after it shall have been presented to him, the same shall become law, in like manner as if he had signed it, unless the Parliament by their adjournment prevent its return, in which case it shall not become law.
SECTION 14. Hawai‘i Statutory Code. All laws passed shall be entered into the Hawai‘i Statutory Code which shall consist of the civil and penal laws of the nation.
SECTION 15. Taxation. The Parliament shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the Kingdom of Hawai‘i; but all duties, imposts and excises shall be uniform throughout the Kingdom of Hawai‘i.
SECTION 16. Commerce Regulation. Parliament shall be empowered to regulate commerce with foreign nations and among the provinces of the Kingdom.
SECTION 17. Regulation of Currency. Parliament shall be empowered to coin and regulate money and value thereof, fix the standard of weights and measures, and to provide for the punishment of counterfeiting the securities and current coin of the Kingdom of Hawai‘i.
SECTION 18. Declaration of War and Military Appropriations. Parliament shall be empowered to declare war and to establish and regulate the military forces of the land, provided that any appropriation for such forces shall not be approved for a term exceeding two years.
SECTION 19. Act of Finance. No money shall be drawn from the public treasury without the consent of the Parliament; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.
SECTION 20. Naturalization and Citizenship. Parliament shall be empowered to establish a uniform rule of naturalization and citizenship.
SECTION 21. Power of Impeachment. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the Prime Minister of the Kingdom of Hawai‘i is tried, the Chief Justice shall preside. And no person shall be convicted without the concurrence of two thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy an office of honor, trust or profit under the Kingdom of Hawai‘i. But, the party convicted shall nevertheless be liable for indictment, trial, judgment and punishment according to law.
SECTION 22. Reapportionment. Every ten (10) years, when the national census is published, the Prime Minister shall issue a proclamation to convene a reapportionment commission as provided by law. Such reapportionment shall determine the number of senatorial and representative districts in the nation.
ARTICLE EIGHT
The Judicial Branch
SECTION 1. Judicial Authority, Justices and Inferior Courts. The judicial powers of the Kingdom of Hawai‘i, shall be vested in one Supreme Court, and in such inferior courts as provided by law. The Supreme Court shall have one Chief Justice and four associate justices as appointed by the Prime Minister by and with the consent of the two-thirds of the Senate.
SECTION 2. Commission and Compensation. Judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.
SECTION 3. Oath of Office. Before assuming office, all judges, both of the supreme and inferior courts, shall take the following oath, administered as provided by law: “I do solemnly swear (or affirm), that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all duties incumbent upon me, according to the best of my abilities and understanding, agreeable to the Constitution and laws of the Kingdom of Hawai‘i.”
SECTION 4. Term of Appointment for Supreme Court Justices. All justices appointed to the Supreme Court shall serve continuously until the age of seventy years but which they shall be required to retire.
SECTION 5. Extent of Judicial Power and Oversight. The judicial power shall extend to all cases in law and equity, arising under the Constitution and laws, of this Kingdom of Hawai‘i, 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.
SECTION 6. Chief Justice. The Chief Justice of the Supreme Court shall be ex-officio Prime Minister of the Senate 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.
SECTION 7. Power of Jurisdiction. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction, both as to law and fact, with such exceptions,and under such regulations as the Parliament shall make.
SECTION 8. Trials by Jury. The trial of all crimes, except in cases on impeachment, shall be by jury; and such trial shall be held in the province where the said crimes shall have been committed; but when not committed within any provinces, the trial shall be at such place or places as the Supreme Court may by law have directed.
SECTION 9. Final and Conclusive Decisions. The decisions of the Supreme Court, when made by a majority of the justices thereof, shall be final and conclusive upon all parties.
SECTION 10. Soliciting Judiciary Opinion. The Prime Minister, the Cabinet and the Parliament may from time to time solicit the opinions and advice of the Supreme Court upon important questions of law and upon solemn occasions.
ARTICLE NINE
Local Governments
SECTION 1. Provinces and Non-Autonomous Regions. Each island shall be designated as a province of the government, which shall include: 1) the province of Hawai‘i; 2) the province of Maui, including Moloka‘i, Lana‘i and Kaho‘olawe; 3) the province of O‘ahu, including all other minor, outlying islands in the Hawaiian archipelago; and, 4) the province of Kaua‘i, including Ni‘ihau. Midway Island, Kure Atoll and Palmyra Atoll shall be designated as Non-Autonomous Regions administered directly by the central government.
SECTION 2. Specific Powers of Provinces. Provincial governments shall only exercise powers specifically delegated to it by Parliament. In the exercise of such powers, they shall have home rule.
SECTION 3. Provincial Charters. Each province shall create a charter establishing the government and defining its specific roles and duties as prescribed by Parliament. Each province shall be independent of the other, and no province shall be responsible for the actions of another.
SECTION 4. Taxation and Finances. The taxing power shall be reserved to Parliament, except so much thereof as may be delegated by Parliament to the provinces; and, except that all functions, powers and duties relation to the taxation of real property shall be exercised exclusively by the provinces. Parliament shall also have the power to apportion national revenues among the provinces.
SECTION 5. Limitations on Laws. No provincial government may enact laws that violate or supersede the Constitution and laws of the Kingdom of Hawai‘i.
ARTICLE TEN
Taxation and Finance
SECTION 1. The power of taxation shall never be surrendered, suspended or contracted away.
SECTION 2. There shall be a tax review commission, consisting of eight members appointed by the Prime Minister, by and with the advice and consent of the Senate, for a term not to exceed one year. The commission shall submit to Parliament an evaluation of the national tax structure, recommend revenue and tax policy, and then dissolve. A new commission must be reappointed every five years.
SECTION 3. No tax shall be levied or appropriation of money or property made, nor shall the public credit be used, directly or indirectly, except for a public purpose. No grant of public money or property shall be made except pursuant to standards provided by law.
SECTION 4. Provision for the control of the rate of expenditures of appropriated public money, and for the reduction of such expenditures under prescribed conditions, shall be made by law.
SECTION 5. No public money shall be expended except pursuant to appropriations made by law. General fund expenditures for any fiscal year shall not exceed the government’s current general fund revenues and unencumbered cash balances, except when the Prime Minister declares public health, safety or welfare is threatened as provided by law.
SECTION 6. Whenever the general fund balance at the close of each of two successive fiscal years exceeds five percent of general fund revenues for each of the two fiscal years, the Parliament in the next regular session shall provide for a tax refund or tax credit to the taxpayers of the nation or make a deposit into one or more funds, as provided by law, which shall serve as temporary supplemental sources of funding for the government in times of an emergency, economic downturn, or unforeseen reduction in revenue, as provided by law.
SECTION 7. There shall be established by law a council on revenues consisting of ten members appointed by the Prime Minister, by and with the advice and consent of the Senate. The council shall prepare revenue estimated of the government shall report the estimated to the Prime Minister and Parliament at times provided by law. The estimates shall be considered by the Prime Minister in preparing the budget, recommending appropriations and revenues and controlling expenditures. The estimates shall be considered by the Parliament in appropriating funds and enacting revenue measures. All revenue estimates submitted by the council to the Prime Minister and Parliament shall be made public.
SECTION 8. Pursuant to Article 6, Section 11 of this constitution, immediately following the opening of each regular session of Parliament in an odd-numbered year, the Prime Minister shall submit a budget in a manner provided by law. The budget shall set forth a complete plan of proposed expenditures of the executive branch, estimates as provided by law of the expenditures of the judicial and parliamentary branches, and anticipated receipts of the State for the ensuing fiscal biennium, together with such other information as the Parliament may require. A complete plan of proposed expenditures of the judicial branch for the ensuing fiscal biennium by the Chief Justice shall accompany the budget.
SECTION 9. The budget must be accompanied by a bill for an act of finance sponsored by a member of either House of Parliament.
SECTION 10. The budget must be balanced. A budget that is not balanced will not be accepted or considered by Parliament.
ARTICLE ELEVEN
National Education System
SECTION 1. Establishment of Educational System. The government shall provide for the establishment, support and control of a national system of public schools free from sectarian control, a national university system, public libraries and other such public educational facilities as may be deemed desirable, including physical facilities therefore.
SECTION 2. Board of Education. There shall be a Board of Education consisting of eight members. The Prime Minister shall nominate and, by and with the advice and consent of the Senate, appoint two members from each provincial territory to the Board.
SECTION 3. Powers of the Board. The Board of Education shall have the power, as provided by law, to formulate national education policy and to appoint the Superintendent of Education as the chief executive officer of the public school system.
SECTION 4. Discrimination and Provisions of Financial Support. There shall be no discrimination in public educational instruction because of race, religion, sex, orientation, ancestry of disability; nor shall public funds be appropriated for the support of any sectarian or non-sectarian private educational institutions, except that proceeds of special purpose revenue bonds may be appropriated to finance or assist:
1. Non-profit corporations that provide early childhood public education and care facilities serving the general public.
2. Non-profit private non-sectarian and sectarian elementary schools, secondary schools, colleges or universities.
SECTION 5. Requirement of Hawaiian Studies. The government shall require the study of Hawaiian culture, history and language. The use of community expertise shall be encouraged as a suitable and essential means in furtherance of the Hawaiian public education program.
SECTION 6. University of Hawai‘i and the Board of Regents. The University of Hawai‘i is hereby established as the national university system governed by the Board of Regents as provided by law. The Prime Minister shall, by and with the advice of the Senate, nominate and appoint ten members from within the university system to serve on the Board. Three members must be current students. No two student members may be from the same campus.
SECTION 7. Powers of the Board. The Board shall have the power to formulate policy, and to exercise control over the university through its chief executive officer, the State Chancellor, who shall be appointed by the Board. The Board of Regents shall have exclusive jurisdiction over its internal structure, management and operation. This section shall not limit the power of Parliament to enact laws of national concern. The Board shall have title to all real and personal property now or hereafter set aside or conveyed to it, which shall be held in public trust for its purposes, to be administered and disposed of as provided by law.
SECTION 7. Minimum 180 Instructional Day Requirement. The Department of Education is hereby required to provide for no less than 180 student instructional days annually. The Department of Education shall not approve teacher or DOE employee union contracts that do not meet the 180-day requirement.
ARTICLE TWELVE
Control and Development of Resources
SECTION 1. For the benefit of present and future generations, the government and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the nation.
SECTION 2. The Prime Minister, with the approval of Parliament, shall vest in one or more executive boards or commissions powers for the management of natural resources owned or controlled by the government, and such powers of disposition thereof as may be provided by law; but land set aside for public use, other than for a reserve for conservation purposes, need not be placed under the jurisdiction of such a board or commission.
SECTION 3. The government shall conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency and assure the availability of agriculturally suitable lands. Parliament shall provide standards and criteria to accomplish the foregoing. Lands identified by the government as important agricultural lands needed to fulfill the purposes above shall not be reclassified by the government or rezoned by its political subdivisions without meeting the standards and criteria established by Parliament through general law.
SECTION 4. The government shall have the power to manage and control the marine, seabed and other resources located within the boundaries of the nation, including the waters of the Hawaiian archipelago, and reserves to itself all such rights outside state boundaries not specifically limited by international law.
SECTION 5. All fisheries in the sea waters of the nation not included in any fish pond, artificial enclosure or state-licensed aquaculture operation shall be free to the public, subject to vested rights and the right of the government to regulate the same; provided that aquaculture operations shall be established under guidelines enacted by Parliament, which shall protect the public's use and enjoyment of the reefs. The government may condemn such vested rights for public use.
SECTION 6. The State has an obligation to protect, control and regulate the use of Hawaii's water resources for the benefit of its people. The legislature shall vest in the Department of Water and Energy, as provided by law, the authority to set overall water conservation, quality and use policies; define beneficial and reasonable uses; protect ground and surface water resources, watersheds and natural stream environments; establish criteria for water use priorities while assuring appurtenant rights and existing correlative and riparian uses and establish procedures for regulating all uses of Hawaii's water resources.
SECTION 7. No nuclear fission power plant shall be constructed or radioactive material disposed of in the territory of the Kingdom of Hawai‘i without the approval of the people through referendum.
SECTION 8. Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law.
SECTION 9. The public lands shall be used for the development of farm and home ownership on as widespread a basis as possible, in accordance with procedures and limitations prescribed by law.
ARTICLE THIRTEEN
Public Health and Welfare
SECTION 1. The government shall provide for the protection and promotion of the public health and welfare.
SECTION 2. The government shall have the power to provide financial assistance, medical assistance and social services for persons who are found to be in need of and are eligible for such assistance and services provided by law.
SECTION 3. The government shall have the power to provide for the security of the elderly by establishing and promoting programs to assure their economic and social well being.
SECTION 4. The government shall have the power to provide for, or assist in, housing, slum clearance and the development or rehabilitation of substandard areas. The exercise of such power is deemed to be for a public use and purpose.
SECTION 5. The government and its political subdivisions, as provided by law, shall plan and manage the growth of the population to protect and preserve the public health and welfare; except that each political subdivision, as provided by law may plan and manage the growth of its population in a more restrictive manner than the central government.
SECTION 6. The government shall have the power to promote and maintain a healthful environment, including the prevention of any excessive demands upon the environment and national resources.
SECTION 7. The government shall have the power to preserve and develop the cultural, creative and traditional arts of its various ethnic groups.
SECTION 8. The law of the Splintered Paddle decreed by King Kamehameha I, shall be a unique symbol of the government’s concern for public safety. The government shall the power to provide for the safety of the people from crimes against persons and property.
ARTICLE FOURTEEN
Unionization and Bargaining
SECTION 1. Private Employees. Persons in private employment shall have the right to organize for the purpose of collective bargaining.
SECTION 2. Public Employees. Persons in public employment shall have the right to organize for the purpose of collective bargaining as further provided by law.
SECTION 3. Reduction in Force. The Prime Minister, in his or her capacity as the chief employer of the state shall have no authority to implement furloughs or any other reduction in force, not including layoffs, without a proper agreement or settlement with collective bargaining organizations.
ARTICLE FIFTEEN
Citizenship and Naturalization
SECTION 1. Natural Born Citizen. Any person born in the Kingdom of Hawai‘i, is a citizen of the Kingdom of Hawai‘i.
SECTION 2. Repatriated Citizen. Any person born within the Hawaiian Archipelago after January 17, 1893, and prior to January 17, 2022, or any person of aboriginal Hawaiian ancestry born outside of the Hawaiian Archipelago, may apply for citizenship. Upon approval of their application by the government, such persons are considered repatriated citizens.
SECTION 3. Naturalized Citizen. Any other person who applies for citizenship, upon approval of their application by the government, shall be deemed a naturalized citizen.
SECTION 4. Dual Citizenship. No person shall hold citizenship in the Kingdom of Hawai‘i while in possession of citizenship with another government concurrently. Should a citizens of Hawai‘i gain citizenship in a foreign nation, their Hawaiian citizenship is immediately forfeited.
SECTION 5. Citizenship Process. Naturalization and repatriation shall be under the jurisdiction of the Department of State and Foreign Affairs. The citizenship process shall be designed according to provisions further provided by Parliament through general law.
ARTICLE SIXTEEN
Terms of Allegiance
SECTION 1. Each person in Hawai‘i has the right to be protected in the enjoyment of life, liberty, property and the pursuit of happiness, according to law. Therefore, they shall be obliged to perpetuate Hawai‘i’s independent sovereignty and to contribute their proportional share.
ARTICLE SEVENTEEN
Compiled Laws of the Nation
SECTION 1. The Hawai‘i Revised Statutes laws shall remain in effect and be amended by the Parliament to create the Hawai‘i Statutory Code.
ARTICLE EIGHTEEN
Symbols of the Nation
SECTION 1. National Territory. The Kingdom of Hawai‘i shall consist of the islands of the Hawaiian archipelago, including Midway, Kure Atoll, Palmyra Atoll, and all other adjacent reefs and territorial waters.
SECTION 2. Capital. The city of Honolulu shall be the seat of government.
SECTION 3. Hawaiian Flag. The Hawaiian flag shall be the flag of the nation. The standard of the Kingdom of Hawai‘i shall consist of a canton resembling the Union Jack in the top-left quarter of the flag; and, shall also consist of eight horizontal stripes covering the remaining three fourths of the flag, representing the eight major Hawaiian Islands, with colors in order of white, red, blue, white, red, blue, white and red.
SECTION 4. Coat of Arms. The royal coat of arms of the Kingdom of Hawai‘i, as registered in the College of Arms, shall be reinstated as the symbol of the Hawaiian Kingdom.
SECTION 5. Motto. The motto of the Hawaiian Kingdom shall be “Ua Mau Ke Eā O Ka ‘Āina I Ka Pono,” which shall be translated as “The life of the land is perpetuated in righteouness.”
SECTION 6. National Anthem. Hawai‘i Pono‘i, in its entirety, shall be officially adopted and recited as the national anthem.
SECTION 7. Official Languages. Modern Hawaiian and English shall be adopted as the official languages of the nation provided that both languages may be used in government affairs and legal proceedings.
ARTICLE NINETEEN
Amendment
SECTION 1. Parliament has the authority to amend the Constitution according to the dictates of the law. Any amendment to the Constitution may be proposed by Parliament, and shall be surrendered to a Joint Committee on Constitutional Review. Upon clearing the committee, the amendment shall be introduced to the full Parliament by a member of either house. A simple majority is required to forward the proposal to the citizens for consideration. A plebiscite shall be conducted to vote on each amendment.
SECTION 2. A constitutional convention may be called at the approval of the people by plebiscite. Prior to that date, Parliament may consider amendments to the Constitution at every convening of the Parliament.
