constitutional convention (concon): to have or not to have?

Constitutional Convention (ConCon):Constitutional Convention (ConCon): To Have or Not to Have?To Have or Not to Have?

That’s the Nov 08 Ballot Question for Hawaii VotersThat’s the Nov 08 Ballot Question for Hawaii Voters

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

28 May 200828 May 2008

The League of Women Voters (LWV)The League of Women Voters (LWV) strictlystrictly Non-PartisanNon-Partisan

wholeheartedlywholeheartedly PoliticalPolitical

• National + 900 state & local LeaguesNational + 900 state & local Leagues

• 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 educating Rather than position advocacy, our focus is educating & informing electorate: & informing electorate: forums, debatesforums, debates on wide media on wide media

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

Add Your VoiceAdd Your Voice (website or email)(website or email)

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 of AmericaU.S. - supreme law of the United States of America

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 LawConstitutional 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 the powers of the state governmentLimit the powers of the state government

Contain much more detail (id specific limitationsContain much more detail (id specific limitations on otherwise virtually unlimited gov’t power)on otherwise virtually unlimited gov’t power)

Contain long articles on taxation and finance, 2 of Contain long articles on taxation and finance, 2 of the most important functions of any governmentthe most important functions of any government

Allow for more citizen involvement in their drafting Allow for more citizen involvement in their drafting & amendments; they are easier to amend& amendments; they 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 2 In democracies, constitutional change occurs 2 ways, by altering: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: change thru U.S. Constitution: change thru interpretationinterpretation dominatesdominates 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 Change

All state constitutions permit amendments to be formallyAll state constitutions permit amendments to be formally proposed by proposed by state legislaturesstate legislatures – this is most common – this is most common method of constitutional changemethod of constitutional change

25 state constitutions expressly provide amendment 25 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 conventionconstitutional convention Hawaii’s is Hawaii’s is 1 of 141 of 14 state constitutions providing for state constitutions providing for automatic periodic placement on ballotautomatic periodic placement on ballot of whether of whether ConCon should be held (HI every 10 yr, others 16-20 yr)ConCon should be held (HI every 10 yr, others 16-20 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 (ConCon) is the oldest & Constitutional convention (ConCon) is the oldest & most traditional method for extensive revisionmost traditional 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 the ballot in Nov 2008was 1998, it will be on the ballot in Nov 2008

Changing Hawaii’s ConstitutionChanging Hawaii’s Constitution

Legislature-proposedLegislature-proposed constitutional amendments: 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 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 22 of 23 amendments ppsd by 1968 adopted 22 of 23 amendments ppsd by 1968

ConConConCon• adopted all 33 amendments ppsd by 1978 ConConadopted all 33 amendments ppsd by 1978 ConCon

Hawaii’s Constitutional ChangesHawaii’s Constitutional Changes

19501950: : Produced State Constitution to demonstrate to Congress & Produced State Constitution to demonstrate to Congress & the nation that citizens of Territory of Hawaii ready to be full the nation that citizens of Territory of Hawaii ready to be full members of the union of states (63 delegates)members of the 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 Court; Legis because of “1 person - 1 vote" ruling by U.S. Supreme Court; add’l outcomes (82 delegates, McKinley High School)add’l outcomes (82 delegates, McKinley High School)

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

1986, 19981986, 1998 voters rejected a conventionvoters rejected a convention

Hawaii Constitution & ConConsHawaii Constitution & ConCons

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

Legislature passed resolution authorizing Legis Ref Legislature passed resolution authorizing Legis Ref Bureau (LRB) to conduct a study; results by Sep 1 Bureau (LRB) to conduct a study; results by Sep 1

Governor announced separate 11-member ConCon Governor announced separate 11-member ConCon Cost Task Force chaired by Lt Gov to consider a range Cost Task Force chaired by Lt Gov to consider a range of factors in determining cost; it will hold a series of of factors in determining cost; it will hold a series of public meetings & release findings by Aug 1 public meetings & release findings by Aug 1

LWV-HI viewLWV-HI view: if ConCon passes, imperative that ConCon : if ConCon passes, imperative that ConCon be adequately fundedbe adequately funded, , given enough time to do thorough given enough time to do thorough reviewreview, , be open to ensure full public access & participationbe open to ensure full public access & participation

CostCost of ConConof ConCon

Review our Constitution, see Pros & Cons, Info Forums, DebatesReview our Constitution, see Pros & Cons, Info Forums, Debates

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 state, local govts? Need to re-examine fundamental structure of state, local govts? Need to relook balance of power among exec, legis, judic? Need to relook balance of power among exec, legis, judic? Other issues?Other issues?

State constitutional politics dominated by 3 crucial issues: State constitutional politics dominated by 3 crucial issues: distribution of distribution of power among groups & regions within statepower among groups & regions within state; ; scope ofscope of state & localstate & local governmental authoritygovernmental authority; ; relation of state to economic activityrelation of state to economic activity ((G.A. TarrG.A. Tarr))

On the Question of a ConConOn the Question of a ConCon

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

Many Actions, Also OpportunitiesMany Actions, Also Opportunities

Legislature responsible, subject to ground rules Legislature responsible, subject 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 PassesIf ConCon Question Passes

If ConCon Question PassesIf ConCon Question Passes

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

We Wish You the Best We Wish You the Best of Luck of Luck

as YOU get as YOU get Ready to Ready to RunRuntmtm

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?