CONSTITUTION |
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It is entirely meet
to offer our respectful aloha to the Kings, Queens, Nobles, Chiefs, Kupunas,
and all the people of Hawai'i past. It is equally appropriate to express
our profound gratitude to those people of Hawai'i present who fought for
the restoration of the Kingdom, for without their vision and perseverance
the dream of the Kingdom of Hawai'i restored would never have come to
fruition. They are our heroes and shall be heroes to the many generations
of Hawai'i future.
On November 23, 2002, the Proclamation announcing
the restoration of the Kingdom of Hawai'i was published. On June 21,
2003, the Declaration of Independence proclaiming the sovereignty of
the independent Kingdom of Hawai'i was promulgated. This instant document
is the Constitution of the Kingdom of Hawai'i, and by its ratification
the restoration of the Kingdom of Hawai'i is accomplished.
Note: The present Constitution adopted at
the time the government selected the King is a historical constitution
from the time before the overthrow of the Kingdom government. The King
intends to extensively revise the Constitution once the restored government
is completely in place.
The Kingdom of Hawai'i is established as a
sovereign Constitutional monarchy under the divine blessing of almighty
God, supreme Sovereign of all creation. This Constitution affirms the
structure of the government of the Kingdom and directs the manner by
which that government shall comport itself in advancing the interests
of the people. The Constitution of the Kingdom of Hawai'i
guarantees fundamental rights to all, promotes peace and domestic tranquility,
provides for the common defense, and insures the general welfare of
the people. The provisions of this Constitution shall
be effect ed in conformance with the will of almighty God, so that we
may secure His blessings, for ourselves and our posterity, for all time.
The Constitution of the Kingdom of Hawai'i is ordained by almighty God
and sustained by the free will of the people, and is thereby and therefore
the law of the land. Article 1. The Kingdom of Hawai'i consists of all the
islands comprising the historical Hawaiian archipelago and its territorial
waters extending two hundred statute miles from their shores. Article 2.
The government of the Kingdom of Hawai'i is
established as a Constitutional monarchy. Article 3.
Pursuant to Article 22 of the Kingdom of Hawai'i
Constitution of 1893, the Crown is permanently confirmed to His Majesty
Edmund Kelii Silva, Jr., to the heirs of his body, lawfully begotten,
and to their lawful descendents in a direct line except as otherwise:
herein provided. Succession shall be determined by primogeniture, with
the Crown passing in due time to the senior male child of the Sovereign
and, subsequently, to the lawful heirs of that child's body. Failing a suitable male child, the succession
shall pass in due time to the senior female child of the Sovereign and,
subsequently, to the lawful heirs of that child's body. In the
event that there is no heir as above described, then the successor shall
be that person whom the Sovereign does so appoint, with the consent
of the Nobles, and publicly proclaim as such during the Sovereign's
life. Should there be no such appointment and proclamation and
the Throne become vacant with no suitable heir, then the Cabinet Council,
immediately upon the occurrence of such vacancy, shall convene a meeting
of the Legislative Assembly for the purpose of electing a successor.
The Legislative Assembly shall then forthwith elect a successor to the
Throne. Such successor shall be selected from among the noble families
of the Kingdom and shall be in all other manners suitable to assume
the Crown. The successor so selected shall become the new Stirps for
the Royal Family and succession from the Sovereign so selected shall
conform in all respects to the provisions of this Article 3. Article 4.
Whenever upon the decease of the Sovereign
(hereinafter King) the lawful heir is less than eighteen years of age,
the Royal Powers shall be exercised by a Regent Council of Regency as
provided in Article 28 herein. Article 5.
No member of the Royal Family of Hawai'i who
may by law succeed to the Throne shall contract marriage without the
consent of the King. Any Royal Family member so contracting marriage
may by proclamation of the King, be declared to have forfeited all rights
to and claims upon the Throne, and after such proclamation the right
of succession shall vest in the next successor as though the Royal Family
member so alienated from succession did not exist. Article 6
No person who bas been convicted of any infamous
crime, or who is otherwise incompetent, shall sit upon the Throne. Article 7.
The King, upon coming to the Throne, shall
take the following oath: I most solemnly swear, in the presence of almighty
God, to maintain the Constitution of the Kingdom of Hawai'i whole and
inviolate, and to govern in conformity therewith. Article 8.
The King is the King of all the Nobles, and
of all the People; the Kingdom is His. Article 9.
The Person of the King is inviolable and sacred. Article 10.
The King's private lands and other property
are inviolable. Article 11.
The King cannot be sued, or otherwise held
to account, in any court or tribunal of the Kingdom. Article 12.
All titles of Honor, Orders, and other Distinctions
emanate solely from the King. Article 13.
The King has the power to coin money and regulate
the currency of the Kingdom, by law. Article 14.
The King shall conduct His government for
the common good and not for the profit, honor or private interest of
anyone man, family, or class of men. Article 15.
The King shall receive annual payments from
the Kingdom, in an amount sufficient to discharge the responsibilities
of the Throne and commensurate with His position. The King shall regulate
such payments consistent with the public interest. Said payments, properties,
and other assets of the King, including, inheritances, and other things
personally received, shall be exempt from any and all taxes. Article 16.
The King shall organize His Royal Household,
consistent with the public interest. Article 17.
Members of the Royal Family may receive, consistent
with the public interest, annual payments free from personal taxation.
Said members and payments thereto shall be specified by the King. Article 18.
The King is the commander-in-chief of all
military forces or the Kingdom, by sea, by air, and by land; and
solely possesses full power, or by any officers or other persons He
may appoint, to establish, train and govern such forces; and He may
judge best for the defense and safety of the Kingdom, but He may not
declare war without the consent of the Legislative Assembly. Article 19.
There is established a Council of State for
advising the King in all matters of State wherein He may require its
advice, and for assisting Him in administering the Executive affairs
of the government in such manner as He may direct. Said Council is the
King's Privy Council of State. Council Members shall be appointed
by the King and hold office at His pleasure. Article 20.
The King by and with the advice of His Privy
Council, has the power to grant reprieves, and pardons after conviction,
for all offenses except in matters or impeachment. Article 21.
The King, by and with the advice of His Privy
Council, shall convene the Legislative Assembly at the seat of government
or at a different place if the seat of movement should become dangerous.
In the event of disagreement between the King and the Legislative Assembly,
the King may adjourn, prorogue, or dissolve it, but not beyond the next
ordinary Session. Under great emergency, the King may convene the Legislative
Assembly in Extraordinary Session. Article 22.
The King possesses the sole power to make
Treaties. Those Treaties involving changes in the tariff or in any law
of the Kingdom shall be referred for consideration to the Legislative
Assembly. The King shall appoint the Public Ministers, who shall be
commissioned, accredited, and instructed so that the performance of
their duties shall comport with the demands of their respective, offices. Article 23.
It is the King's prerogative to receive and
acknowledge public ministers and representatives of other governments,
and He may delegate said prerogative at His convenience. The King shall
inform the Legislative Assembly by Royal Message, from time to time,
of the state of the Kingdom, and recommend for its consideration
such measures as He deems necessary and expedient. Article 24.
The King shall have a Cabinet, which Cabinet
shall consist of a Prime Minister, Minister of the Interior, Minister
of Foreign Affairs, Minister of Finance, Minister of Human Services,
Minister of Science and Technology, Minister of Agriculture, Minister
of State, Minister of Defense and the Attorney General of the Kingdom.
The Cabinet Members shall be the King's special advisors in the Executive
affairs of the Kingdom, and they shall al so be ex officio members of
the King's Privy Council of State. Cabinet Members shall be appointed
by the King and shall serve at His pleasure, except that they shall
be subject to impeachment pursuant to Article 31 herein. No Act
of the King shall have force of law without it being countersigned by
the Minister appropriate to the Act, and who by that signature shall
assume responsibility for said Act. Article 25.
The Prime Minister is the Chairman of the
Council of Ministers. The Ministers shall take the following oath prior
to assuming office: I most solemnly swear, in the presence of almighty
God, that I shall faithfully support the King and the Constitution of
the Kingdom of Hawai'i and conscientiously and impartial1y discharge
my duties as a Cabinet Member thereof. Article 26.
The Minister of Finance shall, on the first
day of the meeting of the Legislative Assembly, present to the
Assembly, in the Hawaii an and English languages, the financial budget
for the year. Article 27.
Each Member of the Cabinet shall maintain
an office at the seat of government and shall be accountable for the
conduct of his deputies and clerks. The Ministers shall hold ex officio
seats, as Nobles, in the Legislative Assembly. Article 28.
It shall be lawful and appropriate for the
King, at any time when He has need to absent Himself from the Kingdom
or its duties, to appoint a Regent, or Council of Regency, who shall
administer the government in the King's Name. The King may, by and through
His Last Will and Testament, appoint a Regent, or Council of Regency,
to administer the government during the minority of an heir to the Throne.
Should the King decease leaving a minor heir and having made no
such Last Win and Testament, the Cabinet Council at the time of
such decease shall be a Council of Regency until such time as the Legislative
Assembly, which shall be convened without delay, may be properly assembled;
and the Legislative Assembly instantly that it is assembled shall proceed
to choose by ballot a Regent Council of Regency, which Council shall
administer the government in the Name of the King and exercise all powers
which are Constitutional1y vested in the King until the minor heir has
attained t he age of majority, which age is declared to be eighteen
years. Article 29.
The King, in the event of invasion, civil
unrest, or other great threat to the Kingdom, may place the Kingdom
or any part thereof under martial law for an indefinite period of time. Article 30.
The King shall appoint the Nobles, who shall,
at the King's pleasure hold their appointments for life but subject
to the provisions of Article 31 herein. No person shall be appointed
a Noble who has not attained the age of twenty-five and resided in the
Kingdom for seven years. Article 31.
The House of Nobles may be convened as a Court,
with full and sole authority to hear and determine all impeachments
made by the House of Representatives against any officers of the Kingdom
for misconduct or maladministration in their offices. Prior to the trial
of any impeachment, the Nobles shall be sworn to truly and impartially
determine the charges at issue, and to render judgment in accordance
with the evidence and the law. Their judgment shall not extend beyond
removal from office and disqualification to hold or enjoy any
position of honor, trust, or profit within the government. Any person
so convicted shall, nevertheless, be liable to indictment, trial, judgment,
and punishment according to the laws of the Kingdom. No Minister shall
sit as part of a Court of Impeachment, nor shall any Noble who is impeached
be part of the Court of that impeachment. Article 32.
The supreme power of government of the Kingdom
is vested in the King. In its exercise it is divided into the Executive,
the Legislative, and the Judicial. The Legislative Assembly shall consist
of the House of Nobles and the House of Representatives sitting jointly. Article 33.
The Legislative Assembly shall convene annually,
at a time established by the King and at such other times as the King
may deem expedient, for the purpose of promoting the interests of the
Kingdom. Article 34.
Every member of the Legislative Assembly shall
take the following oath prior to assuming office: I most solemnly swear,
in the presence of almighty God, that I shall faithfully support the
King and the Constitution of the Kingdom of Hawai’i, and conscientiously
and impartially discharge my duties as a member of the Legislative Assembly
thereof. Article 35.
The Legislative Assembly has the power and
authority to amend the Constitution as provided in Article 89 herein,
and, from time to time, to make all manners of wholesome laws not repugnant
to the provisions of this Constitution. Article 36.
The Legislative Assembly shall be the judge
of the qualifications of its members and a majority of members shall
constitute a quorum to do business; however, a smaller number may convene
from day to day and compel for good cause the attendance of absent members,
in such manner and under such penalties as the Assembly may provide. Article 37.
The Legislative Assembly shall choose its
own officers and determine the rules of its own proceedings. Article 38.
The Legislative Assembly may punish its own
members for disorderly behavior. Article 39.
The members of the Legislative Assembly shall
in all cases, except treason, felony, or breach of the peace, be privileged
from arrest during their attendance at the Sessions of the Assembly,
and in going to and returning from the same; and they shall not be held
to answer for any speech or debate made in the Assembly, or in any other
court or place whatsoever while in furtherance of their official duties. Article 40.
The Legis1ative Assembly shall keep a minute
journal of its proceedings; and the yeas and nays of the members on
any question shall at the desire of at least one-fifth of those present,
be entered in the journal. Article 41.
The Legislative Assembly shall have the authority
to punish by imprisonment, not exceeding thirty days, any person guilty
of disrespect to the Assembly by any disorderly or contemptuous behavior
in its presence; or who, during the time of its sitting, shall publish
any false reports of, or comments upon, its proceedings or who shall
threaten harm to the person, or estate of any of its members for anything
said or done in the Assembly; or who shall assault any of them
therefore; or who shall assault or arrest any witness or other person
ordered to attend the Assembly, in his way going to or returning from;
or who shall rescue any person arrested by order of the Legislative
Assembly. Article 42.
The members of the Legislative Assembly shall
receive for their services to the Kingdom a compensation to be set by
law and paid out of the public treasury; but no increase of compensation
shall take effect in the year in which it shall have been made. Article 43.
The Legislative Assembly is established as
a bicameral body with a House of Nobles and House of Representatives.
The Nobles of the Kingdom shall, every four years, select from among
their group a number of Nobles, said number to be set from time to time
by Royal Decree, consistent with the needs of the Kingdom, for the purpose
of constituting the House of Nobles. The members of the House of Representatives
shall be selected pursuant to the provisions or this Constitution. Article 44.
No person shall be elected to the House of
Representatives who has not reached the age of twenty-five and been
seven y ears a citizen of the Kingdom prior to election. Article 45.
Representatives shall be apportioned among
the major islands of the Kingdom in proportion to their respective populations,
which populations shal1 be determined by census. The enumeration shall
be done from time to time by law as appropriate. The number of Representatives
shall be set from time to time by Royal Decree, consistent with
the needs of the Kingdom, but each major island shall have at least
one Representative. Article 46.
The Representatives shall be elected pursuant
to Article 48 herein and assembled in immediate consequence of this
Constitution. Immediately after they are assembled, the Representatives
shall be divided, as equally as possible, into three groups. The
seats of the Representatives of the first group shall be vacated at
the expiration of two years; the second group, at the expiration of
four years; and the third group, at the expiration of six years; so
that one-third of the Representatives shall be chosen every two years.
Article 47.
If vacancies should occur, by resignation
or otherwise, in the representation of any part of the Kingdom and the
Legislative Assembly is in session, the Assembly shall fill the vacancies
until the next general election. If vacancies should occur during the
recess of the Legislative Assembly, then the appropriate Executive authorities
shall make temporary appointments until the next meeting of the Assembly,
at which time the Assembly shall fill the vacancies until the next general
election. At the next general election following said vacancies, the
vacancies shall be filled pursuant to Article 48 herein. Article 48.
Representatives shall be elected by the people,
by majority vote. The term of a Representative shall be six years. No
Representative shall serve more than two terms in the Legislative Assembly.
The Legislative Assembly shall make laws for the election of Representatives,
and other public officials, consistent with the provisions of this Constitution Article 49.
Acts, Bills, and Resolutions may originate
in either House and be brought for vote pursuant to the rules of that
House. Passage of any such Act, Bill, or Resolution shall be by
majority vote. Upon passage of an Act, Bill, or Resolution by either
House, said Act, Bill, or Resolution shall then be submitted to the
other House for consideration, which House may make any changes it deems
appropriate. Any differences shall be settled jointly and pursuant to
the rules of both Houses. The resulting Act, Bill, or Resolution shall
be passed by majority vote of both Houses, but no Act, Bill, or Resolution
so passed shall assume the force of law without the approval and signature
of the King. Article 50.
The King shall signify approval of any Act,
Bill, or Resolution which has properly passed the Legislative Assembly
by affixing H is signature to the same prior to the final rising of
the Legislative Assembly. Should the King object to any Act, Bill, or
Resolution, He may return it to the Legislative Assembly without His
signature and the Legislative Assembly shall enter the fact of the return
in its minute journal. Any Act, Bill or Resolution so disapproved of
by the King shall not thereafter be brought forward during the same
session. Article 5l.
To avoid improper influences which may result
from intermixing in one and the same Act, Bill, or Resolution such things
which have no proper relation to one another, every Act, Bill,
or Resolution shall embrace but one purpose and that purpose shall be
clearly expressed in its title.
Article 52.
The Legislative Assembly shall vote the appropriations
annually after due consideration of the revenues and expenditures of
the two preceding years, which revenues and expenditures shall be submitted
to the Assembly in a timely manner by the Minister of Finance. Article 53.
Except that Governors shall be appointed by
the Kin g and serve at His pleasure, the Legislative Assembly shall
enact laws for the formation and administration of subordinate governmental
entities to effect the day-to-day business of the islands of the Kingdom,
and to appropriate and disburse such funds as are necessary for their
efficient operation. The Legislative Assembly shall have the power to
lay and collect taxes; borrow money on credit of the Kingdom of Hawai'i;
regulate commerce, domestically and with foreign nations; establish
rules for naturalization and bankruptcies; define and provide
for the punishment of crimes; establish post offices; provide f or the
patenting of writings and discoveries; discoveries and provide for the
punishment of piracies and felonies on the high seas; and make all laws
necessary to exercise the foregoing powers. All lawmaking powers not
specifically reserved to the Legislative Assembly are reserved to the
King. Article 54.
The enacting style in making and passing all
Acts, Bills, and Resolutions shall be: Be it enacted by the King
and the Legislative Assembly, in the Legislature of the Kingdom assembled. Article 55.
Any Representative of the Legislative Assembly
shall be subject at any time to a recall vote at the King's pleasure
or upon petition by the people. If by the King, He shall direct the
appropriate Executive authority to hold, in a timely fashion, a vote
on the matter. If by the people, they may submit the recall petition
to the King. The successful petition shall contain the signatures of
electors from the subject Representative's district equal to or more
than one-half the number of votes the Representative received on election.
Said petition shall be submitted to the King, who shall, pursuant to
the provisions of this Article 55, institute timely proceedings for
a recall vote. For the recall to succeed, a majority of those voting
must favor recall. In such a case, the subject Representative shall
vacate his office upon pro per certification of the vote. Any seat so
vacated shall be filled pursuant to Articles 47 and 48 herein. Failing
a majority vote on the question of recall, the matter shall not again
be raised during the remainder of the subject Representative’s term
of office. Article 56.
Every citizen of the Kingdom who has attained
the age of eighteen years and who has been domiciled in the Kingdom
for not less than one year on the day of election, but not serving
a sentence upon conviction for any infamous crime, shall be eligible
to vote. All persons of indigenous Hawaii an lineage who were born in
the Kingdom of Hawai'i or who have resided continuously therein for
a period of at least seven years are citizens of t he Kingdom; other
persons may be naturalized pursuant to the laws thereof, or by
Royal Decree. Article 57.
The judicial powers of the Kingdom are vested
in the King and a Supreme Court, and in such inferior courts as the
Legislative Assembly may, from time to time, establish. Article 58.
The Supreme Court shall consist of a Chief
Justice and four Associate Justices, who shall hold their offices
during good behavior but subject to removal upon impeachment.
The Supreme Court shall be responsible for the making and promulgation
of rules necessary for the efficient administration of justice in the
courts of the Kingdom. The Justices shall, at times and in amounts fixed
by the Legislative Assembly, receive compensation for their services,
which compensation shall not be diminished during the continuance of
their terms of office. Article 59.
The day-to-day judicial functions of the Kingdom
shal1 be divided among the Supreme Court and the several inferior courts
in such manner as the Legislative Assembly may, from time to time, prescribe. Article 60.
The judicial power of the Kingdom shall extend
in all cases in law and equity arising under the Constitution and the
laws of the Kingdom; to Treaties which are made under their authority;
to all cases affecting public ministers and consuls; and to all cases
of admiralty and maritime jurisdiction. Disputes which do not lie within
the competence of the judiciary may be settled by Royal Decree. Article 61.
The Chief Justice shall be the Chancellor
of the Kingdom; he shall be ex officio president of the Nobles in cases
of impeachment, except when he himself is impeached; and shall exercise
such jurisdiction in equity in other cases as the law may confer upon
him, his decisions being subject, however, to revision by the Supreme
Court on appeal. Should the Chief Justice ever be impeached, some person
specially commissioned by the King shall be president during the
Court of Impeachment at such trial. Article 62.
The decisions of the Supreme Court, when made
by a majority of the Justices thereof, shall be final and conclusive
upon all parties; except that in demonstrable miscarriages of justice
an aggrieved p arty may petition the King for redress; and the King,
at His discretion, may consider the petition and grant or deny relief
as He deems appropriate. In all such cases, the King’s determination
shall be binding upon the courts and all interested parties. Article 63.
The King, His Cabinet, and the Legislative
Assembly shall have authority to require the opinions of the Justices
of the Supreme Court upon important questions of law and upon solemn
occasions. Article 64.
The King appoints the Justices of the Supreme
Court and all other judges of courts of record, and they serve at His
pleasure. Every judge of the Kingdom shall take the following oath prior
to assuming office : I most solemnly swear, in the presence of almighty
God, that I shall faithfu1ly support the King and the Constitution of
the Kingdom of Hawai'i, and conscientiously and impartially discharge
my duties as a judge thereof. Article 65.
No judge or magistrate shall sit on an appeal
or trial in any case in which he may have given a previous judgment. Article 66.
No person shall ever hold any office of honor,
trust, or profit under the government of the Kingdom who shall, in due
course of law, have been convicted of theft, bribery, perjury, forgery,
embezzlement, or other infamous crimes and misdemeanors, unless he shall
have been pardoned by the King and restored his civil rights, and by
the express terms of his pardon be declared to be appointable
to offices of trust, honor, and profit. Article 67.
No officer of this government shall hold any
office or receive any compensation from any other government or power
whatever. Article 68.
The National Ensign shall not be changed except
by Act of the Legislative Assembly. Article 69.
Almighty God has endowed all men with certain
inalienable rights, among which are life, liberty, the right of acquiring,
possessing, and protecting property, and of pursuing and securing
safety and happiness. Article 70.
All men are free to worship God according
to the dictates of their own consciences; but this sacred right shall
not be construed as to justify acts of licentiousness or practices inconsistent
with the peace and safety of the Kingdom. Article 71.
All men have the right to speak and write
freely, and to publish their sentiments on all subjects, with attendant
responsibility for any abuse of that right. No law shall be enacted
which restrains their freedom of speech or that of the press,
except such laws which may be reasonably necessary for the protection
of His Majesty the King and the Royal Family. Article 72.
All men have the right to assemble in an orderly
and peaceable manner, without arms, to consult upon the common good
and to petition the King or Legislative Assembly for redress of grievances. Article 73.
The privilege of the Writ of Habeas Corpus
belongs to all men and shall not be suspended, unless by the King,
who may, in cases of rebellion or other great threats to the safety
of the Kingdom temporarily suspend the Writ. Article 74.
No person shall be subject to punishment for
any offense except upon due process of law and legal conviction thereof
in a court having jurisdiction in the matter. Article 75.
No person shall be held to answer for any
crime or offense, except in cases of impeachment or in summary proceeding
for contempt, unless upon indictment fully and plainly describing such
crime or offense; and he shall have the right to counsel, to meet
and confront witnesses who are produced against him face-to-face, to
present witnesses and proofs in his own favor, to have speedy and public
tria1 by Jury, and to be fully heard in his defense. In all cases in
which the right of trial by Jury has been heretofore used, it shall
be held inviolable forever. Article 76.
No person shall be required to answer again
for an offense of which he has been duly convicted, or of which he has
been duly acquitted upon a good and sufficient indictment. Article 77.
No person shall be compel1ed in any criminal
case t o be a witness against himself; nor shall he be deprived of life,
liberty, or of property without due process of taw. Article 78. No person shall sit as a judge or juror in
any case in which he or his relative is interested, or in which said
judge or juror may have, either directly or indirectly, any pecuniary
or other tangible interest. Article 79.
Involuntary servitude, except as punishment
for crime, is forever prohibited in this Kingdom; and whenever a slave
shall enter Hawaii an territory he shall be free. Article 80.
Every person has the right to be secure from
all unreasonable searches and seizures of his person, his house, his
papers and his effects. No warrants shall be issued for such but on
probable cause support ed by oath or affirmation describing the place
to be searched and the person and things to be seized. Every member of society has the right to the
enjoyment of life, liberty, the possession of property, and the pursuit
of safety and happiness under this Constitution. Therefore, he shall
be required to contribute his proportional share to the costs attendant
upon the protection of those rights, as prescribed by law, and to give
his personal services, or equivalent thereof, when necessary. However,
no part of the property of any person shall be taken from him, or applied
to public use, without his consent, except that which may be necessary
for the operation of military forces in time of war, insurrection
or other great public need. Whenever the public exigencies require that
the property of an individual be appropriated for public use,
he shall receive a reasonable compensation therefore. Article 82.
No subsidy, duty, or tax of any description
shall be established or levied without the consent of the Legislative
Assembly. Neither shall any monies be drawn from the public treasury
without such consent, except when between Sessions of the Legislative
Assembly the emergencies of war, invasion, pestilence, or other great
public need shall arise, and then not without the approval of the King.
In all such instances, the Minister of Finance shall tender a detailed
account of the expenditures to the Legislative Assembly at its next
Session. Article 83.
No retrospective laws shall ever be enacted. Article 84.
The military shall always be subject to the
laws of the 1and, and no soldier shall in time of peace be quartered
in any house without the consent of the owner; nor in time of war but
in a manner prescribed by the Legislative Assembly. Article 85.
Every elector shall be privileged from arrest
on election days during his attendance at election, and in going to
and returning therefrom, except in cases of treason, felony, or breach
of the peace. Article 86.
No elector shall be so obliged to perform
military duty on the day of election as to prevent his voting,
except in time of war or of great public danger. Article 87.
All laws now in force in the Kingdom shall
continue to remain in full effect until and unless altered or repealed
by the Legislative Assembly, such parts only excepted as are repugnant
to this Constitution. All laws heretofore enacted, or that may hereafter
be enacted, which are contrary to this Constitution are null and void. Article 88.
This Constitution shall be enacted by Royal
Decree and upon two-thirds vote of the present Legislative Assembly,
but there shall b e no failure of justice or inconvenience to the Kingdom
from any change of officers of this Kingdom; and at the time this Constitution
shall take effect the officers of government then in office shall have,
hold, and exercise all powers them granted until other persons may be
appointed, as appropriate and necessary, in their place. Article 89.
Any amendment or amendments to this Constitution
ma y be proposed in the Legislative Assembly, or proposed by the King
and delivered to the Legislative Assembly. If the same is agreed to
by a majority of the members thereof, such proposed amendment or amendments
shall be entered in its minute journal, with the yeas and nays taken
thereon, and referred to the next Legislative Assembly for consideration.
The proposed amendment or amendments shall be published for three months
prior to the next election of Representatives. If in that next Legislative
Assembly such proposed amendment or amendments shall be agreed to by
two-thirds of all its members, and approved by the King, then such amendment
or amendments shall become part of the Constitution of this Kingdom. /s/ Edmund
K. Silva, Jr.
His Royal
Majesty Edmund Kelii Silva, Jr., Ali`i Nui
Nou Ke
Akua Ke Aupuni O' Hawai`i
/s/ Samuel
Keolamauloa Kaluna, Jr.
Regent,
Prime Minister Samual Keolamauloa Kaluna, Jr.
Na Kupuna
Council O' Hawai`i Nei
Na Kupuna
Council Hawai`i Moku
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