HAWAI`I CONSTITUTION

We the Kanaka Maoli Nationals and Descendants appeal to the Supreme Justice of the world, ke Akua, and Our Ancestors, for the integrity of our intentions, as we unite to protect our sacred lives and honor;

We the Kanaka Maoli Nationals and Descendants have been subjected to the international crimes of Genocide and Crimes Against Humanity, as defined in the Nuremberg laws;

We the Kanaka Maoli Nationals and Descendants have the right to be free and independent, unfettered from any foreign power;

We the Kanaka Maoli Nationals and Descendants do hereby declare Our Independence among the Nations of the World;

We the Kanaka Maoli Nationals and Descendants reaffirm Our right to self-determination as a people, and by virtue of that right, We freely determine to restore Our political, economic, social, and cultural rights;

We the Kanaka Maoli Nationals and Descendants maintain our spiritual relationship with nature and all our surroundings, in universal harmony, for the rights of humanity, in peace, love, and understanding;

We the Kanaka Maoli Nationals and Descendants maintain Divine justice and liberty to be guided by ke Akua and Our Kupuna, and those who are here with us today to light the way;

We the Kanaka Maoli Nationals and Descendants maintain a government of the people, by the people and for the people, to protect and preserve Our cultural heritage in perpetuity for the future of our posterity;

We the Kanaka Maoli Nationals and Descendants maintain 'Olelo Makuahine as our official language;

We the Kanaka Maoli Nationals and Descendants reaffirm and maintain the 'Ohana System of our society as a whole whereby Kupuna advise and consent, Makua act and lead, and 'Opio help and learn;

Thereby, We the People of the Nation of Hawai'i, do hereby ordain and establish this Constitution.

Section 1. The Fundamental Rights.

a. The right of everyone to life, liberty and the pursuit of happiness.

b. The right of everyone to religious freedom and spiritual practices, providing that it does not infringe on anyone's right to life, liberty and their pursuit to happiness.

c. The right of everyone to choose one's nationality.

d. The right of everyone to liberty of movement and freedom to choose one's residence.

e. The right of everyone to be free from discrimination, regardless of race, creed, color, age, nationality, religion, gender or disability.

f. The right of everyone to a healthy and sustainable environment.

g. The right of everyone to a living according to the fruits of their labor.

h. The right of everyone to work.

i. The right of everyone to freedom of association.

j. The right of every citizen to take part in government.

k. The right of every citizen to vote.

l. The right of everyone to freedom of speech.

m. The right of everyone to an education.

n. The right of everyone to privacy.

o. The right of everyone to personal property.

p. The right of everyone to be self-sufficient.

q. The right to a nuclear free and independent Pacific.

r. The right of everyone to speak the language of their choice.

Section 1. In all civil cases.

a. The right of everyone to the equal protection before the law.

b. The right of everyone to a speedy and fair trial, before an impartial jury of one's own peers.

c. The right of everyone to defend oneself, and of the right of legal assistance of one's own choosing.

d. The right of everyone to services of an interpreter.

e. The right to call, examine and cross-examine witnesses, on one's own behalf.

f. The right of the accused or the incarcerated to a writ of habeas corpus.

Section 2. In any criminal prosecutions of an accused.

a. The right of the accused not to be compelled to be a witness against oneself.

b. The right of the accused or the incarcerated to a writ of habeas corpus.

c. The right of the accused to a speedy trial, before an impartial jury of the Island or District, where the crime was committed.

d. The right of the accused to be duly informed of the nature and cause of the accusations.

e. The right of the accused to confront opposing witnesses in a meaningful manner.

f. The right of the accused to produce by compulsory process witnesses for the defense.

g. The right of the accused to have legal assistance of one's own choice or to act in propria persona.

h. The right of the accused to be innocent until proven guilty and to be convicted by a standard of proof not less than beyond a reasonable doubt.

i. The right of the accused to be tried by a jury of one's own peers.

j. No person shall be convicted on the basis of an ex post facto law nor a bill of attainder.

k. The right of the accused to be indicted by a grand jury of one's own peers.

Section 3. Ho'oponopono.

Section 1. Protection against discrimination.

Section 2. Protection against police powers.

Section 3. Infamous crime.

Section 4. Protection against the imposition of the death penalty.

Section 5. Protection against unreasonable punishment.

Section 1. Other Rights Retained by the People.

Section 2. National Review of the Nation's Constitution.

Section 1. Of Making Laws, Generally.

a. To lay and collect taxes, duties, tariffs, and excises; to pay the debts and provide for the common defense and general welfare of the Nation. All duties and tariffs shall be uniform in nature throughout the Nation.

b. To borrow money on the equity of the Nation.

c. To regulate commerce with foreign nations.

d. To establish a uniform rule of Naturalization and citizenship.

e. To establish a uniform rule on the subject of bankruptcies.

f. To coin money, regulate the value thereof, and of foreign money, and to fix a standard of weights and measures; and to provide for the punishment of counterfeiting the securities and current coin of the Nation.

g. To establish post offices and postal services, national and foreign.

h. To promote the progress of science, technologies, arts and culture, and environment.

i. To declare martial law in the event of rebellion, and to provide calling forth the militia to execute the laws to suppress insurrections and to repel invasions.

j. To raise and support armies and navy for National Peace and Security.

k. To exercise exclusive legislation, in all cases whatsoever, over the Nation and possessions over all places purchased by lawful cession by the Nation of Hawai'i, in foreign soil or territory.

l. To define and punish piracies and felonies committed on the high seas, and offenses committed against the law of nations.

m. To devise and make all laws necessary and proper for the execution of the powers vested by this constitution.

n. To protect and defend the patent and copyright laws of the Nation.

Section 2. Limitations.

a. No member, in the capacity as an elected member in the Citizens' Assembly, upon their own initiative, may present any measure or bill for consideration or passage before the assembly.

b. No member, having been elected an Official shall, during the time for which he or she is elected, be appointed to any other office, or accept any emoluments, gifts, trusts, or contributions from any organization, group, corporation, or person, with the exception of cultural protocol.

c. All elected and appointed officials who have the authority to issue funds of the Nation shall be bonded.

d. No ex post facto law or bill of attainder laws may be passed.

Section 1. Composition

a. 14 Island of Hawai'i
b. 14 Island of Maui
c. 14 Island of Moloka'i
d. 14 Island of O'ahu
e. 14 Island of Kaua'i
f. 14 Island of Lana'i (to be held in trust until there is representation)
g. 14 Island of Kaho'olawe (to be held in trust until there is representation)
h. 14 Island of Ni'ihau (to be held in trust until there is representation)

Section 2. Terms of Office.

Section 3. Qualifications.

Section 4. Powers and Duties.

Section 5. Upon Vacancy in the Citizens' Assembly.

Section 6. Publication of Laws.

Section 7. Passage of Laws.

Section 1. Composition.

a. 7 from the Island of Hawai'i
b. 7 from the Islands of Maui
c. 7 from the Islands of Moloka'i
d. 7 from the Island of O'ahu
e. 7 from the Islands of Kaua'i
f. 7 from Kaho'olawe (to be held in trust until there is representation)
g. 7 from Ni'ihau (to be held in trust until there is representation)
h. 7 from Lana'i (to be held in trust until there is representation)

Section 2. Na Makua and Na 'Opio Council

Section 3. Term of Office.

Section 4. Qualifications for Office.

Section 5. Powers, Duties, and Responsibilities of Na Kupuna.

a. The authority to initiate a Resolution, Bill, or Act whose subject relates to the preservation of Hawaiian cultural values.

b Each Kupuna, whenever any Resolution, Bill, or Act for maintaining cultural values has been duly presented to the Council for enactment into law, shall have one vote.

c. Each proposed Resolution, Bill or Act for maintaining cultural values shall become valid upon the two-thirds majority vote of all the members in Council assembled.

d. Whenever a Resolution, Bill, or Act for maintaining cultural values, passed by the Council and enacted into law by the Head of State, conflicts with a Resolution, Bill, or Act passed by the Legislative General Assembly, the Council law shall have supremacy.

e. Na Kupuna Council has concurrent veto power with the Head of State over legislation passed by the Legislative General Assembly. This Na Kupuna Council may accept a veto submitted to it by the Head of State by a two-thirds majority vote of the Council assembled within twenty days of receipt of the veto.

f. Na Kupuna Council shall be responsible for the establishment of a Schedule for voting and apportionment of Districts for all elected officials of government.

g. Na Kupuna Council shall have exclusive jurisdiction for impeachment and/or recall of government officials. Na Kupuna Council shall promulgate the rules and restrictions for the impeachment process. Notwithstanding this section, any official who commits a felony or other crime while in office, upon good and sufficient evidence found, shall be criminally indicted before a Tribunal having jurisdiction.

h. Na Kupuna Council shall advise and consent on all appointments made by the Executive Administration.

i. At the request of Na Kupuna Council, any official of the government of the Nation of Hawai'i shall be required to disclose all relevant materials involving acts committed by that official in an official capacity.

Section 6. Passage of Laws.

"Be it enacted by Na Kupuna Council of the Nation of Hawai'i."

Section 1. Head of State and Deputy Head of State.

Section 2. Term of Office.

Section 3. Qualifications.

Section 4. Powers, Duties, and Responsibilities.

a. The Head of State shall be the Commander-in-Chief of the armed services when called into the service of the Nation, and shall commission all officers of the Nation of Hawai'i;

b. The Head of State shall have discretion to grant reprieves and pardons, except in cases of impeachment;

c. The Head of State shall make appointments of Ministers and executive officers, and shall fill vacancies in the Executive Administration;

d. The Head of State may require the opinion, in writing, from the principal heads of these Ministries, upon any subject relative to the duties of their respective offices;

e. The Head of State shall address to the Legislative General Assembly information of the state of the Nation, and recommend for their consideration measures as the Head of State shall judge expedient and necessary; and may on extraordinary circumstances convene Na Kupuna Council or the Citizens' Assembly, or both, for consideration of measures deemed necessary for the Nation's business;

f. The Head of State shall conduct the foreign affairs of the Nation;

g. The Head of State shall be required to faithfully uphold and execute the laws of the Nation;

h. The Head of State, or his Deputy by direction of the Head of State, may petition the Legislative General Assembly for the passage into law any Resolution, Bill or Act relating to the Executive Administration, consistent with this Constitution.

Section 5. Powers to execute laws.

Section 6. Power of veto.

Section 7. Of Foreign Relations.

a. The Head of State may appoint Ambassadors and Consuls.

b. The Head of State, his Ambassadors, Ministers or Consuls shall have authority to negotiate into Treaties, Conventions, or Agreements with foreign states.

Section 8. Deputy Head of State.

Section 9. In the absence of the Head of State.

Section 1. Creation of Ministries.

Section 2. Charters of the Ministries.

Section 3. Heads of Ministries, Departments.

Section 1. Supreme Tribunal.

a. The Supreme Tribunal shall be presided over by the Chief Justice and four Associate Justices;

b. The Supreme Tribunal shall exercise original jurisdiction in all cases affecting Ambassadors and diplomatic representatives;

c. In all other cases, the Supreme Tribunal shall have appellate jurisdiction and review, both as to questions of law and fact, as the Citizens' Assembly shall provide by law.

Section 2. Selection of Judges.

Section 3. Promulgation of Rules for the Tribunals.

Section 4. Circuit and District Tribunals.

Section 5. Qualifications of Judges.

Section 6. Independence.

Section 1. Voting Qualifications.

a. Every National or Citizen of the Nation of Hawai'i who has attained the age of 16, has been a resident of the Archipelago of Hawai'i for not less than 3 years, and is a registered voter as provided by law, shall be qualified to vote.

b. No person who is convicted of a felonious crime shall be qualified to vote, until such time as the person has fully served the sentence imposed or has been pardoned.

c. The Citizens' Assembly shall provide by law for the registration of voters.

Section 2. Oath of Office.

"I [name], do solemnly affirm in the presence of ke Akua, the Nation of Hawai'i and its people, that I will honor, support and defend the Constitution and the laws of this Nation, and that I will faithfully execute and discharge my duties as [office], to the best of my knowledge and ability, so help me Akua."

Section 1. Compensation.

Section 2. Limitations.

Section 3. Supremacy Clause.

Section 4. Enforcement.

Section 5. Immunity.

Section 6. Public Access.

Section 1. Definitions.

a. .
Home Rule is defined as those powers not specifically of a National character relating to Island or local government. Home Rule allows each Island to administer its own affairs without interference from the National Government.

b. Island Administration.
Each Island shall create an administration for those affairs which are the exclusive purview of the Island.

Section 2. Administration.

Section 3. Island Administration.

Section 4. Limitation.

Section 1. Amendments, How Instituted.

Section 1. Citizenship.

a. Kanaka Maoli National.
A Kanaka Maoli is defined as any person who by birth or national origin and ancestry is a descendant of the original inhabitants who prior to 1778 exercised sovereignty over the Archipelago of Hawai'i.

b. Citizens, Naturalized.
The Legislative General Assembly shall provide by law a naturalization process for all persons who qualify and choose to become citizens of the Nation.

Section 1. National lands of the Kanaka Maoli Nationals.

Section 2. Transition to communal land tenure.

Section 3. Communal land tenure.

Section 4. Claims of the Kanaka Maoli Nationals.

Section 5. Cultural Preservation.

Section 1. Corporate Entities.

Section 2. Accountability.

Section 3. Requirement for treaty.

Section 4. No limitations for remedies.

Section 5. Governmental transition.

Section 6. Repeal of inconsistent legislation.