CONSTITUTION OF THE STATE OF HAWAII                             (as amended to 1968)                                           PREAMBLE                        We, the people of the  State of Hawaii, grateful for  Divine          Guidance, and mindful of our Hawaiian heritage, reaffirm our          belief in a government of the people, by the people and  for          the  people,  and  with  an  understanding  heart toward all          peoples of  the earth  do hereby  ordain and  establish this          constitution for the State of Hawaii.                         FEDERAL CONSTITUTION ADOPTED          The  Constitution of the United States of America is adopted          on behalf of the people of the State of Hawaii.                                       ARTICLE I                                    BILL OF RIGHTSSec. 1.   All political power of this State is inherent in the people;          and the responsibility for  the exercise thereof rests  with          the people.  All government is founded on this authority.Sec. 2.   All persons are free by nature and are equal in their inher-          ent and inalienable rights.  Among these rights are  the en-          joyment of life, liberty  and the pursuit of  happiness, and          the acquiring and possessing property.  These rights  cannot          endure unless the people recognize their corresponding obli-          gations and responsibilities.Sec. 3.   No law shall be enacted respecting an establishment of reli-          gion, or prohibiting the free exercise thereof, or abridging          the freedom of speech or of  the press, or the right of  the          people peaceably to assemble and to petition the  government          for a redress of grievances.Sec. 4.   No person  shall be  deprived of life, liberty,  or property          without due process of law, nor be denied the equal  protec-          tion of the laws, nor  be denied the enjoyment of  his civil          rights or be discriminated  against in the exercise  thereof          because of race, religion, sex or ancestry.Sec. 5.   The  right  of  the people  to be  secure in  their persons,          houses, papers  and effects  against unreasonable  searches,          seizures, and  invasions of  privacy shall  not be violated;          and no warrants  shall issue but  upon probable cause,  sup-          ported by oath  or affirmation, particularly  describing the          place to be searched and the persons or things to be  seized          or the communications sought to be intercepted.Sec. 6.   No citizen shall be disfranchised, or deprived of any of the          rights or  privileges secured  to other  citizens, unless by          the law of the land.Sec. 7.   No citizen shall be denied enlistment in any military organ-          ization of this State  nor be segregated therein  because of          race, religious principles or ancestry.Sec. 8    No person shall be held to answer for a capital or otherwise          infamous crime, unless on  a presentment or indictment  of a          grand jury, except in cases arising in the armed forces when          in actual service in time of war or public danger; nor shall          any person be subject for  the same offense to be  twice put          in jeopardy; nor shall any person be compelled in any crimi-          nal case to be a witness against himself.Sec. 9.   Excessive  bail shall not  be required, nor excessive  fines          imposed, nor  cruel or  unusual punishment  inflicted.   The          court may  dispense with  bail if  reasonably satisfied that          the defendant or witness  will appear when directed,  except          for a defendant charged  with an offense punishable  by life          imprisonment.Sec. 10.  In suits at common law where the value in controversy  shall          exceed one hundred dollars, the right of trial by jury shall          be preserved. The legislature  may provide for a  verdict by          not less than three-fourths of the members of the jury.Sec. 11.  In all  criminal  prosecutions, the accused  shall enjoy the          right to a speedy and public trial, by an impartial jury  of          the district  wherein the  crime shall  have been committed,          which  district  shall  have  been previously ascertained by          law, or of such other district to which the prosecution  may          be removed with the consent  of the accused; to be  informed          of the nature and cause of the accusation; to be  confronted          with the witnesses against  him; to have compulsory  process          for obtaining witnesses in his favor; to have the assistance          of counsel for his defense.  The State shall provide counsel          for an indigent defendant charged with an offense punishable          by imprisonment for more than sixty days.Sec. 12.  No person shall be disqualified to serve as a juror  because          of sex.Sec. 13.  The privilege of the writ of habeas corpus shall not be sus-          pended, unless when  in cases of  rebellion or invasion  the          public safety may require it.   The power of suspending  the          privilege of the writ of habeas corpus, and the laws or  the          execution thereof,  shall never  be exercised  except by the          legislature, or  by authority  derived from  it to  be exer-          cised in such particular cases only as the legislature shall          expressly prescribe.Sec. 14.  The  military shall be held  in strict subordination to  the          civil power.Sec. 15.  A well regulated militia being necessary to the security  of          a free state, the right of the people to keep and bear  arms          shall not be infringed.Sec. 16.  No soldier or member of the militia shall, in time of peace,          be quartered in any house, without the consent of the  owner          or occupant,  nor in  time of  war, except  in a manner pre-          scribed by law.Sec. 17.  There shall be no imprisonment for debt.Sec. 18.  Private  property shall not be  taken or damaged for  public          use without just compensation. (amended 1968)Sec. 19.  The power of the  State to act in the general welfare  shall          never be impaired by the making of any irrevocable grant  of          special privileges or immunities.Sec. 20.  The enumeration of  rights and privileges shall not be  con-          strued to impair or deny others retained by the people.

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