Hawaii Voters Could Call a Constitutional Convention
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Hawaii’s state constitution requires that voters must be asked at least once every nine years whether they’d like to call a constitutional convention, either through referendum from the legislature or a question that automatically appears on the ballot. The last time the question was posed to Hawaiian voters was in 2008, so this November they’ll have another chance to weigh in.
What Does it Do?
The Hawaii Constitutional Convention Question asks voters whether a constitutional convention (“ConCon”) should be held to explore proposals for changes to the Hawaii Constitution.
In Favor
A ConCon would allow lawmakers to address problems in a holistic manner that isn’t feasible at lower levels of policymaking. It could also update the state’s constitution to account for new technologies, rekindle citizen participation in government, and redefine state government’s role.
Opposed
Since the outcome of a ConCon’s can’t be predicted, it’s not worth the risk of making ill-conceived changes to the Hawaii Constitution. Similarly, a ConCon could reignite old debates and create divisions among Hawaiians at a steep financial cost of $56 million.
In-Depth
State Sen. Laura Tielen (D-25) supports holding a constitutional convention, arguing that:
"Right now we're building a very expensive rail and there's no consideration for the infrastructure that has to go in and the low income housing that we're going to lose because of that redevelopment… With a ConCon, you can deal with a problem like housing for local residents in a very holistic manner that you can't currently under legislator or city council because they're dealing with a whole host of other issues."
Honolulu Civil Beat writer Peter Adler adds that a ConCon has the potential to:
- Redefine, restructure and streamline the role of state government, devolve authority, increase accountability and reduce costs;
- Rekindle and spark improved citizen participation. It may get people engaged, create needed conversations and offer more direct involvement in the exercise of democracy;
- Reaffirm old values with the use of new technologies; and
- Spark a new generation of political leaders.
Preserve Our Hawaii is leading the campaign against this measure with the support of the Hawaii Government Employees Association, Chamber of Commerce of Hawaii, Sierra Club of Hawaii, ACLU of Hawaii, and Hawaii Democratic Party. The ACLU argues that a ConCon is too dangerous, with too many unknowns. The ACLU’s Executive Director, Joshua Wisch, says:
"There are things that are in the constitution right now, such as the right to privacy, equal rights amendment—which has never been ratified to the US Constitution, even the right against being imprisoned for owing debt that is currently and explicitly in our state constitution. The problem is, you never know what’s going to come out of a Constitutional Convention and too risky to put all of those rights at risk.”
Honolulu Civil Beat writer Peter Adler adds that a ConCon’s potential downsides include that it could potentially:
- Be hijacked or captured by entrenched interests, some supported by offshore political groups;
- Erode some of the gains achieved in 1968 and 1978: Native Hawaiian rights; land and water rights; collective bargaining; and others;
- Reignite old culture wars about same sex marriage, reproductive rights, death with dignity, locals vs. mainlanders, Hawaiians vs. haoles;
- Defeat the emergence of a new political generation if it comes to be dominated by current politicians and officeholders; and
- Be a waste of time since the bar for passing any measures that come from a con con were made impossibly high by the Legislature after 1978.
Opponents of this ballot measure also contend that, at a projected cost of $56 million, a ConCon would be too expensive.
Since the first constitutional convention was held in Hawaii to draft the state's constitution in 1950 so that could eventually be admitted as a U.S. state, two additional conventions have been held. The 1968 convention saw 22 of the 23 proposed amendments adopted, while at the 1978 convention all 34 amendments were adopted.
Do you think constitutional conventions should happen more regularly? Share your thoughts below!
Summary by Lorelei Yang
(Photo Credit: iStockphoto.com / Art Wager)
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