A course that could be taken by Walter Lewis An important feature of the Hawai‘i State Constitution is its provision for a constitutional convention to propose revisions or amendments. The holding of this convention may be submitted to the voters
A course that could be taken
by Walter Lewis
An important feature of the Hawai‘i State Constitution is its provision for a constitutional convention to propose revisions or amendments. The holding of this convention may be submitted to the voters by the Legislature or, if it fails over a 10-year period to do so, by the lieutenant governor. It is virtually certain that as the Legislature has not acted, the lieutenant governor will make the submission for the 2008 election. The convention offers an excellent occasion for changes to be made in the constitution that has primacy over all other state laws and is a vital foundation in the rule of law.
The election to determine whether a constitutional convention is to be held will most likely be vigorously contested. In the past most of the Legislature and the government employee unions have been opposed to the convention as it may destabilize the comfortable parameters under which they have been acting. For the convention to occur will require the people to become aware that the convention provides a unique opportunity for thoughtful consideration of the issues surrounding the structure of our state government, and the powers to be afforded to our county governments. For the convention to be held requires a favorable majority of the ballots cast.
The convention is a multi-year process. If the voters approve the holding of the convention next year, the state Legislature is mandated to provide for the election of delegates at a following special or regular election, the manner of convening and for facilities and funding. Thereafter the voters again vote on the measures recommended by the convention. In the last convention — in 1978 — the delegates were chosen by election from the districts for the state representatives. There was one delegate per district and the large majority of the delegates were private citizens. The convention is meant to be a gathering of the people and by definition is non-partisan.
Most of us have not given much attention to the content of the state constitution and may well wonder why it might be desirable to make changes in it. The primary focus of the constitutional convention should be as a forum for examining dysfunctions in governmental structures, assuring separation of powers and checks and balances, and considering matters of general concern that the Legislature has not properly addressed.
The citizens of Kaua‘i have recently observed a questionable exercise of power by our state government in the matter of salvaging the Superferry. It involved a collusive action by the executive and legislative branches seeking to override a determination by the courts. There is a legitimate separation of powers question whether this was a justifiable action.
Many students of government believe that its best structure is one that is most accountable and exercised closest to the people being governed. In Hawai‘i this translates into the local autonomy concept of “Home Rule” under which the counties have the needed powers to create the required revenue for their operations without dependency on revenue sharing with the state and the powers to determine their expenditures in a way that will best serve their citizenry. At present the state government exercises numerous controls over revenues and sets many land use and other criteria when these decisions might better be left to the counties.
When the constitution was adopted in 1959 as Hawai‘i became a state, it contained many terms that were appropriate for a fledgling political entity that are no longer necessary with the development of the society and the economy at this time. Among the questions that could be examined at a constitutional convention today:
• The continuance of the State Land Use Commission
• The removal of conflicts of interest or sources of potential collusion between governmental branches.
• Redistribution of State and County tax revenues.
• Planning for development by counties unencumbered by state government.
• Creation of rights for citizens petitions and safeguards concerning them for initiatives, referendums and amendments.
• Removal of redundant or confusing terms in the Constitution.
• Restructuring of the education system
• Sustainability issues.
There are a good many other potential topics.
While it is still almost a year away from the 2008 general election it is not too soon for voters to become aware of the currents that will swirl around convening a constitutional convention. Debates will be forthcoming between those who advocate the opportunity to change and better our way of government and those who prefer the relative safety of the status quo. Other forms of advocacy will doubtless be used. Citizens should ponder these contentions thoughtfully. Let us not allow the arrival of election day finding us unprepared to decide the course we believe should be taken.
• Walter Lewis is a resident of Princeville and writes a bi-weekly column for The Garden Island.
