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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.
-
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