Constitutional Convention (ConCon): To Have or Not to Have? That’s the Nov 08 Ballot Question for Hawaii Voters JoAnn Maruoka League of Women Voters of Hawaii 4 Oct 2008

The League of Women Voters (LWV) strictly Non-Partisan wholeheartedly Political National state & local Leagues, each, at its own level, is autonomous each, at its own level, is autonomous Original grassroots citizen network, Original grassroots citizen network, consensus of women & men members consensus of women & men members LWV-HI is statewide, comprised of county LWV-HI is statewide, comprised of county Leagues: Honolulu, Hawaii Is., Kauai, & Maui Leagues: Honolulu, Hawaii Is., Kauai, & Maui

LWV-HI Neutral on ConCon Input from Interviews, Surveys of various external leaders (pros & cons split) leaders (pros & cons split) Members have strong but differing views, so no Members have strong but differing views, so no LWV-HI consensus LWV-HI consensus Rather than position advocacy, our focus is informing Rather than position advocacy, our focus is informing electorate: forums, seminar, debate on wide media electorate: forums, seminar, debate on wide media Constitution, background, pros/cons on our website Constitution, background, pros/cons on our websitewww.lwv-hawaii.com

Why a ballot question? What’s all the buzz? What’s all the buzz? Why should I care? Why should I care? So… ConCon So What?

Am. federal system rests on 2 constitutional pillars: the 50 state constitutions & the U.S. Constitution U.S. - supreme law of the United States U.S. - supreme law of the United States State - governing document of that U.S. state State - governing document of that U.S. state Constitutions are fundamental law Constitutions and Law

Constitutional Law is based on a formal document that defines broad powers document that defines broad powers Federal originates from US Constitution Federal originates from US Constitution State originates from individual state constitution State originates from individual state constitution Statutes & Ordinances are legislation passed at the federal, state, or local level passed at the federal, state, or local level Constitutional v. Statutory Law

State Constitutions Limit powers of state government Limit powers of state government Have much more detail (id specific limitations Have much more detail (id specific limitations on otherwise virtually unlimited gov’t power) on otherwise virtually unlimited gov’t power) Include long articles on taxation & finance, 2 of Include long articles on taxation & finance, 2 of most important functions of any government most important functions of any government Allow for more citizen involvement in their Allow for more citizen involvement in their drafting & amendments; are easier to amend drafting & amendments; are easier to amend

Hawaii Constitution: 18 Articles I Bill of Rights I Bill of Rights II Suffrage & Elections II Suffrage & Elections III The Legislature III The Legislature IV Reapportionment IV Reapportionment V The Executive V The Executive VI The Judiciary VI The Judiciary VII Taxation & Finance VII Taxation & Finance VIII Local Government VIII Local Government IX Public Health & Welfare IX Public Health & Welfare X Education X Education XI Conservation, Control & Development of Resources XI Conservation, Control & Development of Resources XII Hawaiian Affairs XII Hawaiian Affairs XIII Organization; Collective Bargaining XIII Organization; Collective Bargaining XIV Code of Ethics XIV Code of Ethics XV State Boundaries, Capital, State Flag, Language & Motto XV State Boundaries, Capital, State Flag, Language & Motto XVI General & Miscellaneous Provisions XVI General & Miscellaneous Provisions XVII Revision & Amendment XVII Revision & Amendment XVIII Schedule

Constitutional Change In democracies, constitutional change occurs 2 ways, by altering: 2 ways, by altering: Meaning of the document thru interpretation, or Meaning of the document thru interpretation, or Text of the document thru amendment or revision Text of the document thru amendment or revision U.S. Constitution: predominately by interpretation State constitutions: formal change (amendments, revision) far more frequent than at national level revision) far more frequent than at national level

State Constitutional Change ALL state constitutions permit amendments to be formally proposed by state legislatures = most formally proposed by state legislatures = most common method of constitutional change common method of constitutional change 1/2 of state constitutions expressly provide amendment methods to be proposed without legis participation, by: methods to be proposed without legis participation, by: Popular Petition (constitutional initiative); State Popular Petition (constitutional initiative); State Constitutional Commission; or Constitutional Constitutional Commission; or Constitutional Convention Convention 1/5 of state constitutions, incl HI, provide for automatic periodic placement on ballot of whether ConCon should periodic placement on ballot of whether ConCon should be held (HI: every 10 yr; 1: every 16 yr; 12: every 20 yr) be held (HI: every 10 yr; 1: every 16 yr; 12: every 20 yr)

What is a ConCon? A convention of delegates elected to examine, discuss & propose to voters amendments to the state Constitution Constitutional convention is oldest & most traditional method for extensive revision

Amendments may be proposed to voters by legislature or by a ConCon To pass an amendment or convene a ConCon = “majority of To pass an amendment or convene a ConCon = “majority of ballots cast,” which means ‘yes’ votes at least 50% of all ballots cast,” which means ‘yes’ votes at least 50% of all ballots cast (including ‘no’ votes, blank & spoiled ballots) ballots cast (including ‘no’ votes, blank & spoiled ballots) Article XVII: ConCon question to the people every 10 years Article XVII: ConCon question to the people every 10 years Legis may submit to voters at any gen. or special election Legis may submit to voters at any gen. or special election Because last election when question submitted to voters Because last election when question submitted to voters was 1998, it will be on ballot in Nov 2008 was 1998, it will be on ballot in Nov 2008 Changing Hawaii’s Constitution

Legislature-proposed constitutional amendments: 68 since Statehood, 49 of which were adopted 68 since Statehood, 49 of which were adopted Hawaii has had 3 ConCons (1950, 1968, & 1978); of ConCon-proposed constitutional amendments, voters: ratified Constitution ppsd by 1950 ConCon ratified Constitution ppsd by 1950 ConCon adopted 22 of 23 amendments ppsd by 1968 ConCon adopted 22 of 23 amendments ppsd by 1968 ConCon adopted all 33 amendments ppsd by 1978 ConCon adopted all 33 amendments ppsd by 1978 ConCon Hawaii’s Constitutional Changes

1950: Produced State Constitution to demonstrate to Congress & nation that citizens of Territory of Hawaii ready to be full members of union of states (63 delegates) 1968: Primarily needed to address apportionment problem of Legis because of “1 person - 1 vote" ruling by U.S. Supreme Court; add’l outcomes (82 delegates, McKinley High School) 1978: No compelling legal reasons, “good gov’t” advocates felt many issues needed review, 74% passage; many outcomes (102 delegates, Old Federal Bldg) 1986, 1998: voters rejected a convention Hawaii Constitution & ConCons

To get estimated costs of convening a ConCon, in case of affirmative vote: Legislature authorized Legis Ref Bureau (LRB) to conduct a study: ~$6.4 M - $41.7 M Governor announced separate 11-member ConCon Cost Task Force chaired by Lt Gov to consider range of factors in determining cost: ~$2.3 M - $11.1 M LWV-HI view: if ConCon passes, imperative that ConCon be adequately funded, given enough time to do thorough review, be open for full public access & participation Costof ConCon Cost of ConCon

Review our Constitution, see Pros/Cons, Info Forums, Debate Consider what you think is important: Fatal flaws in current? Something needed but missing? Constitution responsive to changing world? Need to modernize it? Need to re-examine fundamental structure of state & local govts? Need to relook balance of power exec, legis, judic? Other issues? On the Question of a ConCon

State constitutional politics dominated by 3 crucial issues: Distribution of power among groups & regions within state Scope of state & local gov’t authority Relation of state to economic activity (G.A. Tarr, Director, Center for State Constitutional Studies)

Must be the People’s Convention Many Actions, Also Opportunities Legislature responsible, subj to ground rules Election of Delegates Preparing Delegates for the Tasks Convening ConCon Results voted on by the people Must be the People’s Convention Many Actions, Also Opportunities Legislature responsible, subj to ground rules Election of Delegates Preparing Delegates for the Tasks Convening ConCon Results voted on by the people If ConCon Question Passes

Work of next legislature will be very important Legis decides # delegates, areas from which electedLegis decides # delegates, areas from which elected Legis provides convention funding (salaries, facilities, equipment)Legis provides convention funding (salaries, facilities, equipment) Vital that public get involved, express their views For ConCon itself, citizen participation -- by running for delegates or being active observers -- is critical to ensure it truly be observers -- is critical to ensure it truly be the People’s Convention the People’s Convention

The Voters Decide Any change to Hawaii’s Constitution, regardless of how it is proposed, is subject to approval by the electorate

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