Constitutional Convention Constitutional Convention (ConCon):(ConCon):

To Have or Not to Have?To Have or Not to Have?

That’s the Nov 08 Ballot QuestionThat’s the Nov 08 Ballot Questionfor Hawaii Votersfor Hawaii Voters

JoAnn MaruokaJoAnn MaruokaLeague of Women Voters of HawaiiLeague of Women Voters of Hawaii

4 Oct 20084 Oct 2008

The League of Women Voters The League of Women Voters (LWV)(LWV)

strictlystrictly Non-PartisanNon-Partisan wholeheartedlywholeheartedly PoliticalPolitical

• National + 900 state & local Leagues,National + 900 state & local Leagues, each, at its own level, is autonomouseach, at its own level, is autonomous

• Original grassroots citizen network, Original grassroots citizen network, consensus of women & men membersconsensus of women & men members

• LWV-HILWV-HI is statewide, comprised of county is statewide, comprised of county Leagues: Leagues: HonoluluHonolulu, , Hawaii IsHawaii Is., ., KauaiKauai, & , & MauiMaui

LWV-HILWV-HI NeutralNeutral on ConCon on ConCon

• Input from Interviews, Surveys of various external Input from Interviews, Surveys of various external leaders (pros & cons split)leaders (pros & cons split)

• Members have strong but differing views, so Members have strong but differing views, so nono LWV-HI consensusLWV-HI consensus

• Rather than position advocacy, our focus is informing Rather than position advocacy, our focus is informing electorate: electorate: forumsforums, , seminarseminar, , debatedebate on wide media on wide media

• Constitution, background, pros/cons on our websiteConstitution, background, pros/cons on our websitewww.lwv-hawaii.comwww.lwv-hawaii.com

Why a ballot question?Why a ballot question?

What’s all the buzz?What’s all the buzz?

Why should I care?Why should I care?

So… ConConSo… ConConSo What?So What?

Am. federal system rests on 2 constitutional pillars: Am. federal system rests on 2 constitutional pillars: the 50 state constitutions & the U.S. Constitutionthe 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. stateState - governing document of that U.S. state

Constitutions are fundamental lawConstitutions are fundamental law

Constitutions and LawConstitutions and Law

Constitutional Law Constitutional Law is is based on a formal based on a formal document that defines broad powersdocument that defines broad powers • Federal originates from US ConstitutionFederal originates from US Constitution

• State originates from individual state constitutionState originates from individual state constitution

Statutes & OrdinancesStatutes & Ordinances are legislation are legislation passed at the federal, state, or local levelpassed at the federal, state, or local level

Constitutional v. Statutory LawConstitutional v. Statutory Law

State ConstitutionsState Constitutions

• Limit powers of state governmentLimit powers of state government

• Have much more detail (id specific limitationsHave 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 governmentmost important functions of any government

• Allow for more citizen involvement in their Allow for more citizen involvement in their drafting & amendments; are easier to amenddrafting & amendments; are easier to amend

Hawaii Constitution: 18 ArticlesHawaii Constitution: 18 Articles I Bill of RightsI Bill of Rights II Suffrage & ElectionsII Suffrage & Elections III The LegislatureIII The Legislature IV ReapportionmentIV Reapportionment V The ExecutiveV The Executive VI The JudiciaryVI The Judiciary VII Taxation & FinanceVII Taxation & Finance VIII Local GovernmentVIII Local Government IX Public Health & WelfareIX Public Health & Welfare X Education X Education XI Conservation, Control & Development of ResourcesXI Conservation, Control & Development of Resources XII Hawaiian AffairsXII Hawaiian Affairs XIII Organization; Collective BargainingXIII Organization; Collective Bargaining XIV Code of Ethics XIV Code of Ethics XV State Boundaries, Capital, State Flag, Language & MottoXV State Boundaries, Capital, State Flag, Language & Motto XVI General & Miscellaneous ProvisionsXVI General & Miscellaneous Provisions XVII Revision & AmendmentXVII Revision & AmendmentXVIII ScheduleXVIII Schedule

Constitutional ChangeConstitutional Change

In democracies, constitutional change occurs In democracies, constitutional change occurs 2 ways, by altering:2 ways, by altering:

MeaningMeaning of the document thru of the document thru interpretationinterpretation, or, or

TextText of the document thru of the document thru amendment or revisionamendment or revision

U.S. Constitution: predominately by U.S. Constitution: predominately by interpretationinterpretation State constitutions: formal change (State constitutions: formal change (amendmentsamendments, , revisionrevision) far more frequent than at national level) far more frequent than at national level

State Constitutional ChangeState Constitutional ChangeALL state constitutions permit amendments to be ALL state constitutions permit amendments to be formally proposed by formally proposed by state legislaturesstate legislatures = most = most common method of constitutional changecommon method of constitutional change

1/2 of state constitutions expressly provide amendment 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 PetitionPopular Petition (constitutional initiative); (constitutional initiative); State State Constitutional CommissionConstitutional Commission; or ; or Constitutional Constitutional ConventionConvention 1/5 of state constitutions, incl HI, provide for 1/5 of state constitutions, incl HI, provide for automaticautomatic periodic placement on ballotperiodic placement on ballot of whether ConCon should 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?What is a ConCon?

A convention of delegates elected to A convention of delegates elected to examine, discuss & propose to voters examine, discuss & propose to voters amendments to the state Constitutionamendments to the state Constitution

Constitutional convention is oldest & most Constitutional convention is oldest & most traditional method for extensive revisiontraditional method for extensive revision

Amendments may be proposed to voters by Amendments may be proposed to voters by legislature legislature oror by a ConCon by a ConCon

• To pass an amendment or convene a ConConTo pass an amendment or convene a ConCon = = “majority of “majority of ballots cast,” which means ‘yes’ votes at least 50% of ballots cast,” which means ‘yes’ votes at least 50% of all all ballots castballots cast (including ‘no’ votes, blank & spoiled ballots) (including ‘no’ votes, blank & spoiled ballots)

• Article XVII: ConCon question to the people every 10 yearsArticle XVII: ConCon question to the people every 10 years

• Legis may submit to voters at any gen. or special electionLegis 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 2008was 1998, it will be on ballot in Nov 2008

Changing Hawaii’s ConstitutionChanging Hawaii’s Constitution

Legislature-proposedLegislature-proposed constitutional amendments: constitutional amendments: • 6868 since Statehood, since Statehood, 4949 of which were adopted of which were adopted

Hawaii has had 3 ConCons (1950, 1968, & 1978); of Hawaii has had 3 ConCons (1950, 1968, & 1978); of ConCon-proposedConCon-proposed constitutional amendments, voters: constitutional amendments, voters: • ratified Constitution ppsd by 1950 ConConratified Constitution ppsd by 1950 ConCon• adopted adopted 2222 of of 2323 amendments ppsd by 1968 ConCon amendments ppsd by 1968 ConCon

• adopted all adopted all 3333 amendments ppsd by 1978 ConCon amendments ppsd by 1978 ConCon

Hawaii’s Constitutional ChangesHawaii’s Constitutional Changes

19501950: : Produced State Constitution to demonstrate to Produced State Constitution to demonstrate to Congress & nation that citizens of Territory of Hawaii ready Congress & nation that citizens of Territory of Hawaii ready to be full members of union of states (63 delegates)to be full members of union of states (63 delegates)

19681968: : Primarily needed to address apportionment problem of Primarily needed to address apportionment problem of Legis because of “1 person - 1 vote" ruling by U.S. Supreme Legis because of “1 person - 1 vote" ruling by U.S. Supreme Court; add’l outcomes (82 delegates, McKinley High School)Court; add’l outcomes (82 delegates, McKinley High School)

19781978: : No compelling legal reasons, “good gov’t” advocates No compelling legal reasons, “good gov’t” advocates felt many issues needed review, 74% passage; many felt many issues needed review, 74% passage; many outcomes (102 delegates, Old Federal Bldg)outcomes (102 delegates, Old Federal Bldg)

19861986, , 19981998: : voters rejected a conventionvoters rejected a convention

Hawaii Constitution & ConConsHawaii Constitution & ConCons

To get estimated costs of convening a ConCon,To get estimated costs of convening a ConCon, in case of in case of affirmative vote: affirmative vote:

Legislature authorized Legis Ref Bureau (LRB) to Legislature authorized Legis Ref Bureau (LRB) to conduct a study: conduct a study: ~$6.4 M - $41.7 M~$6.4 M - $41.7 M

Governor announced separate 11-member ConCon Governor announced separate 11-member ConCon Cost Task Force chaired by Lt Gov to consider range Cost Task Force chaired by Lt Gov to consider range of factors in determining cost: of factors in determining cost: ~$2.3 M - $11.1 M~$2.3 M - $11.1 M

LWV-HI viewLWV-HI view: if ConCon passes, imperative that : if ConCon passes, imperative that ConCon ConCon be adequately fundedbe adequately funded, , given enough time to do given enough time to do thorough reviewthorough review, , be open for full public access & be open for full public access & participationparticipation

CostCost of ConConof ConCon

ReviewReview our Constitution our Constitution, see Pros/Cons, Info Forums, Debate, see Pros/Cons, Info Forums, Debate

Consider what Consider what youyou think is important: think is important: Fatal flaws in current?Fatal flaws in current? Something needed but missing?Something needed but missing? Constitution responsive to changing world?Constitution responsive to changing world? Need to modernize it? Need to modernize it? Need to re-examine fundamental structure of Need to re-examine fundamental structure of state & local govts? state & local govts? Need to relook balance of power exec, legis, judic? Need to relook balance of power exec, legis, judic? Other issues? Other issues?

On the Question of a On the Question of a ConConConCon

State constitutional politics dominated State constitutional politics dominated by 3 crucial issuesby 3 crucial issues::

Distribution of powerDistribution of power among groups among groups & regions within state & regions within state

ScopeScope of state & local gov’t of state & local gov’t authorityauthority

RelationRelation of state to of state to economic activityeconomic activity

((G.A. Tarr, Director, Center for State Constitutional StudiesG.A. Tarr, Director, Center for State Constitutional Studies))

Must be the People’s ConventionMust be the People’s Convention

Many Actions, Also OpportunitiesMany Actions, Also Opportunities

Legislature responsible, subj to ground rules Legislature responsible, subj to ground rules

Election of DelegatesElection of Delegates

Preparing Delegates for the TasksPreparing Delegates for the Tasks

Convening ConConConvening ConCon

Results voted on by the peopleResults voted on by the people

If ConCon Question If ConCon Question PassesPasses

If ConCon Question If ConCon Question PassesPasses

Work of next legislature will be very important 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, Legis provides convention funding (salaries, facilities,

equipment) equipment)

Vital that public get involved, express their views Vital that public get involved, express their views

For ConCon itself, citizen participation -- by For ConCon itself, citizen participation -- by running for delegates or being active 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 Conventionthe People’s Convention

The Voters DecideThe Voters Decide

Any change to Hawaii’s Constitution, Any change to Hawaii’s Constitution, regardless of how it is proposed, regardless of how it is proposed,

is subject to approval is subject to approval by the electorate by the electorate

Please Join Us in Please Join Us in Making a DifferenceMaking a Difference

We’re the League of We’re the League of Women Voters of HawaiiWomen Voters of Hawaii

Questions?Questions?