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