


                      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.


