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CONSTITUTION OF THE STATE OF HAWAII
(as amended to 1968)
PREAMBLE
We, the people of the State of Hawaii, grateful for Divine
Guidance, and mindful of our Hawaiian heritage, reaffirm our
belief in a government of the people, by the people and for
the people, and with an understanding heart toward all
peoples of the earth do hereby ordain and establish this
constitution for the State of Hawaii.
FEDERAL CONSTITUTION ADOPTED
The Constitution of the United States of America is adopted
on behalf of the people of the State of Hawaii.
ARTICLE I
BILL OF RIGHTS
Sec. 1. All political power of this State is inherent in the people;
and the responsibility for the exercise thereof rests with
the people. All government is founded on this authority.
Sec. 2. All persons are free by nature and are equal in their inher-
ent and inalienable rights. Among these rights are the en-
joyment of life, liberty and the pursuit of happiness, and
the acquiring and possessing property. These rights cannot
endure unless the people recognize their corresponding obli-
gations and responsibilities.
Sec. 3. No law shall be enacted respecting an establishment of reli-
gion, or prohibiting the free exercise thereof, or abridging
the freedom of speech or of the press, or the right of the
people peaceably to assemble and to petition the government
for a redress of grievances.
Sec. 4. No person shall be deprived of life, liberty, or property
without due process of law, nor be denied the equal protec-
tion of the laws, nor be denied the enjoyment of his civil
rights or be discriminated against in the exercise thereof
because of race, religion, sex or ancestry.
Sec. 5. The right of the people to be secure in their persons,
houses, papers and effects against unreasonable searches,
seizures, and invasions of privacy shall not be violated;
and no warrants shall issue but upon probable cause, sup-
ported by oath or affirmation, particularly describing the
place to be searched and the persons or things to be seized
or the communications sought to be intercepted.
Sec. 6. No citizen shall be disfranchised, or deprived of any of the
rights or privileges secured to other citizens, unless by
the law of the land.
Sec. 7. No citizen shall be denied enlistment in any military organ-
ization of this State nor be segregated therein because of
race, religious principles or ancestry.
Sec. 8 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 armed forces 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 crimi-
nal case to be a witness against himself.
Sec. 9. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel or unusual punishment 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.
Sec. 10. In suits at common law where the value in controversy shall
exceed one hundred dollars, the right of trial by jury shall
be preserved. The legislature may provide for a verdict by
not less than three-fourths of the members of the jury.
Sec. 11. In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of
the district wherein the crime shall have been committed,
which district shall have been previously ascertained by
law, or of such other district to which the prosecution may
be removed with the consent of the accused; 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; to have the assistance
of counsel for his defense. The State shall provide counsel
for an indigent defendant charged with an offense punishable
by imprisonment for more than sixty days.
Sec. 12. No person shall be disqualified to serve as a juror because
of sex.
Sec. 13. The privilege of the writ of habeas corpus shall not be sus-
pended, unless when in cases of rebellion or invasion the
public safety may require it. The power of suspending the
privilege of the writ of habeas corpus, and the laws or the
execution thereof, shall never be exercised except by the
legislature, or by authority derived from it to be exer-
cised in such particular cases only as the legislature shall
expressly prescribe.
Sec. 14. The military shall be held in strict subordination to the
civil power.
Sec. 15. A well regulated militia being necessary to the security of
a free state, the right of the people to keep and bear arms
shall not be infringed.
Sec. 16. No soldier or member of the militia shall, in time of peace,
be quartered in any house, without the consent of the owner
or occupant, nor in time of war, except in a manner pre-
scribed by law.
Sec. 17. There shall be no imprisonment for debt.
Sec. 18. Private property shall not be taken or damaged for public
use without just compensation. (amended 1968)
Sec. 19. The power of the State to act in the general welfare shall
never be impaired by the making of any irrevocable grant of
special privileges or immunities.
Sec. 20. The enumeration of rights and privileges shall not be con-
strued to impair or deny others retained by the people.