THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE I - BILL OF RIGHTS
INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII
section titles
preamble
article I
article II
article III
article IV
article V
article VI
article VII
article VIII
article IX
article X
article XI
article XII
article XIII
article XIV
article XV
article XVI
article XVII
article XVIII
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THE CONSTITUTION OF THE STATE OF HAWAII
As Amended and in Force January 1, 2000
ARTICLE I
BILL OF RIGHTS
POLITICAL POWER
Section 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.
[Am Const Con 1978 and election Nov 7, 1978]
RIGHTS OF INDIVIDUALS
Section 2. All persons are free by nature and are equal in
their inherent and inalienable rights. Among these rights are
the enjoyment of life, liberty and the pursuit of happiness, and
the acquiring and possessing of property. These rights cannot
endure unless the people recognize their corresponding
obligations and responsibilities. [Am Const Con 1978 and election
Nov 7, 1978]
EQUALITY OF RIGHTS
Section 3. Equality of rights under the law shall not be
denied or abridged by the State on account of sex. The
legislature shall have the power to enforce, by appropriate
legislation, the provisions of this section. [L 1972, SB No
1408-72 and election Nov 7, 1972; ren Const Con 1978 and election
Nov 7, 1978]
FREEDOM OF RELIGION, SPEECH, PRESS, ASSEMBLY AND PETITION
Section 4. No law shall be enacted respecting an
establishment of religion, 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. [Ren and am Const Con
1978 and election Nov 7, 1978]
DUE PROCESS AND EQUAL PROTECTION
Section 5. No person shall be deprived of life, liberty or
property without due process of law, nor be denied the equal
protection of the laws, nor be denied the enjoyment of the
person's civil rights or be discriminated against in the exercise
thereof because of race, religion, sex or ancestry. [Ren and am
Const Con 1978 and election Nov 7, 1978]
RIGHT TO PRIVACY
Section 6. The right of the people to privacy is recognized
and shall not be infringed without the showing of a compelling
state interest. The legislature shall take affirmative steps to
implement this right. [Add Const Con 1978 and election Nov 7,
1978]
SEARCHES, SEIZURES AND INVASION OF PRIVACY
Section 7. 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,
supported by oath or affirmation, and particularly describing the
place to be searched and the persons or things to be seized or
the communications sought to be intercepted. [Am Const Con 1968
and election Nov 5, 1968; ren and am Const Con 1978 and election
Nov 7, 1978]
RIGHTS OF CITIZENS
Section 8. 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. [Ren Const Con 1978 and election
Nov 7, 1978]
ENLISTMENT; SEGREGATION
Section 9. No citizen shall be denied enlistment in any
military organization of this State nor be segregated therein
because of race, religious principles or ancestry. [Ren and am
Const Con 1978 and election Nov 7, 1978]
INDICTMENT; PRELIMINARY HEARING; DOUBLE JEOPARDY; SELF-INCRIMINATION
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 or upon a finding of probable cause
after a preliminary hearing held as provided by law, 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 criminal case to be a witness against oneself.
[Ren and am Const Con 1978 and election Nov 7, 1978; am HB 150
(1981) and election Nov 2, 1982]
GRAND JURY COUNSEL
Section 11. Whenever a grand jury is impaneled, there shall
be an independent counsel appointed as provided by law to advise
the members of the grand jury regarding matters brought before
it. Independent counsel shall be selected from among those
persons licensed to practice law by the supreme court of the
State and shall not be a public employee. The term and
compensation for independent counsel shall be as provided by law.
[Add Const Con 1978 and election Nov 7, 1978]
BAIL; EXCESSIVE PUNISHMENT
Section 12. 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. [Am Const Con 1968 and election
Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]
TRIAL BY JURY, CIVIL CASES
Section 13. In suits at common law where the value in
controversy shall exceed five thousand 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. [Ren and am Const Con 1978 and election Nov 7, 1978; am
SB 107 (1987) and election Nov 8, 1988]
RIGHTS OF ACCUSED
Section 14. 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 the accused; to have compulsory process for obtaining
witnesses in the accused's favor; and to have the assistance of
counsel for the accused's defense. Juries, where the crime
charged is serious, shall consist of twelve persons. The State
shall provide counsel for an indigent defendant charged with an
offense punishable by imprisonment. [Am Const Con 1968 and
election Nov 5, 1968; ren and am Const Con 1978 and election
Nov 7, 1978]
HABEAS CORPUS AND SUSPENSION OF LAWS
Section 15. The privilege of the writ of habeas corpus
shall not be suspended 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 exercised in such particular cases only as the
legislature shall expressly prescribe. [Ren and am Const Con 1978
and election Nov 7, 1978]
SUPREMACY OF CIVIL POWER
Section 16. The military shall be held in strict
subordination to the civil power. [Ren Const Con 1978 and
election Nov 7, 1978]
RIGHT TO BEAR ARMS
Section 17. 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. [Ren Const Con 1978 and
election Nov 7, 1978]
QUARTERING OF SOLDIERS
Section 18. 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
provided by law. [Ren and am Const Con 1978 and election Nov 7,
1978]
IMPRISONMENT FOR DEBT
Section 19. There shall be no imprisonment for debt. [Ren
Const Con 1978 and election Nov 7, 1978]
EMINENT DOMAIN
Section 20. Private property shall not be taken or damaged
for public use without just compensation. [Am Const Con 1968 and
election Nov 5, 1968; ren Const Con 1978 and election Nov 7,
1978]
LIMITATIONS OF SPECIAL PRIVILEGES
Section 21. 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. [Ren and am Const Con
1978 and election Nov 7, 1978]
CONSTRUCTION
Section 22. The enumeration of rights and privileges shall
not be construed to impair or deny others retained by the people.
[Ren Const Con 1978 and election Nov 7, 1978]
MARRIAGE
Section 23. The legislature shall have the power to reserve marriage to
opposite-sex couples. [Add HB 117 (1997) and election Nov 3, 1998]
