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Constitutional Convention (ConCon): To Have or Not to Have? That’s the Nov 08 Ballot Question

Constitutional Convention (ConCon): To Have or Not to Have? That’s the Nov 08 Ballot Question for Hawaii Voters JoAnn Maruoka League of Women Voters of Hawaii 4 Oct 2008. The League of Women Voters (LWV) strictly Non-Partisan wholeheartedly Political National + 900 state & local Leagues,

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Constitutional Convention (ConCon): To Have or Not to Have? That’s the Nov 08 Ballot Question

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  1. Constitutional Convention (ConCon): To Have or Not to Have? That’s the Nov 08 Ballot Question for Hawaii Voters JoAnn Maruoka League of Women Voters of Hawaii 4 Oct 2008

  2. The League of Women Voters (LWV) strictlyNon-Partisan wholeheartedlyPolitical • National + 900 state & local Leagues, each, at its own level, is autonomous • Original grassroots citizen network, consensus of women & men members • LWV-HI is statewide, comprised of county Leagues: Honolulu, Hawaii Is., Kauai, & Maui

  3. LWV-HINeutral on ConCon • Input from Interviews, Surveys of various external leaders (pros & cons split) • Members have strong but differing views, so no LWV-HI consensus • Rather than position advocacy, our focus is informing electorate: forums, seminar, debate on wide media • Constitution, background, pros/cons on our website www.lwv-hawaii.com

  4. So… ConCon So What? Why a ballot question? What’s all the buzz? Why should I care?

  5. Am. federal system rests on 2 constitutional pillars: the 50 state constitutions & the U.S. Constitution U.S. - supreme law of the United States State - governing document of that U.S. state Constitutions are fundamental law Constitutions and Law

  6. Constitutional Law isbased on a formal • document that defines broad powers • Federal originates from US Constitution • State originates from individual state constitution • Statutes & Ordinances are legislation • passed at the federal, state, or local level Constitutional v. Statutory Law

  7. State Constitutions • Limit powers of state government • Have much more detail (id specific limitations • on otherwise virtually unlimited gov’t power) • Include long articles on taxation & finance, 2 of • most important functions of any government • Allow for more citizen involvement in their • drafting & amendments; are easier to amend

  8. Hawaii Constitution: 18 Articles I Bill of Rights II Suffrage & Elections III The Legislature IV Reapportionment V The Executive VI The Judiciary VII Taxation & Finance VIII Local Government IX Public Health & Welfare X Education XI Conservation, Control & Development of Resources XII Hawaiian Affairs XIII Organization; Collective Bargaining XIV Code of Ethics XV State Boundaries, Capital, State Flag, Language & Motto XVI General & Miscellaneous Provisions XVII Revision & Amendment XVIII Schedule

  9. Constitutional Change In democracies, constitutional change occurs 2 ways, by altering: Meaning of the document thru interpretation, or Text of the document thru amendment or revision U.S. Constitution: predominately by interpretation State constitutions: formal change (amendments, revision) far more frequent than at national level

  10. State Constitutional Change ALL state constitutions permit amendments to be formally proposed by state legislatures = most common method of constitutional change 1/2 of state constitutions expressly provide amendment methods to be proposed without legis participation, by: Popular Petition (constitutional initiative); State Constitutional Commission; or Constitutional Convention 1/5 of state constitutions, incl HI, provide for automatic periodic placement on ballot of whether ConCon should be held (HI: every 10 yr; 1: every 16 yr; 12: every 20 yr)

  11. What is a ConCon? A convention of delegates elected to examine, discuss & propose to voters amendments to the state Constitution Constitutional convention is oldest & most traditional method for extensive revision

  12. Changing Hawaii’s Constitution Amendments may be proposed to voters by legislature or by a ConCon • To pass an amendment or convene a ConCon = “majority of ballots cast,” which means ‘yes’ votes at least 50% of all ballots cast (including ‘no’ votes, blank & spoiled ballots) • Article XVII: ConCon question to the people every 10 years • Legis may submit to voters at any gen. or special election • Because last election when question submitted to voters was 1998, it will be on ballot in Nov 2008

  13. Hawaii’s Constitutional Changes Legislature-proposed constitutional amendments: • 68 since Statehood, 49 of which were adopted Hawaii has had 3 ConCons (1950, 1968, & 1978); of ConCon-proposed constitutional amendments, voters: • ratified Constitution ppsd by 1950 ConCon • adopted 22 of 23 amendments ppsd by 1968 ConCon • adopted all 33 amendments ppsd by 1978 ConCon

  14. Hawaii Constitution & ConCons 1950: Produced State Constitution to demonstrate to Congress & nation that citizens of Territory of Hawaii ready to be full members of union of states (63 delegates) 1968: Primarily needed to address apportionment problem of Legis because of “1 person - 1 vote" ruling by U.S. Supreme Court; add’l outcomes (82 delegates, McKinley High School) 1978: No compelling legal reasons, “good gov’t” advocates felt many issues needed review, 74% passage; many outcomes (102 delegates, Old Federal Bldg) 1986, 1998: voters rejected a convention

  15. To get estimated costs of convening a ConCon,in case of affirmative vote: Legislature authorized Legis Ref Bureau (LRB) to conduct a study: ~$6.4 M - $41.7 MGovernor announced separate 11-member ConCon Cost Task Force chaired by Lt Gov to consider range of factors in determining cost: ~$2.3 M - $11.1 MLWV-HI view: if ConCon passes, imperative that ConCon be adequately funded, given enough time to do thorough review, be open for full public access & participation Costof ConCon

  16. Review our Constitution, see Pros/Cons, Info Forums, DebateConsider what you think is important:Fatal flaws in current?Something needed but missing?Constitution responsive to changing world? Need to modernize it? Need to re-examine fundamental structure of state & local govts? Need to relook balance of power exec, legis, judic? Other issues? On the Question of a ConCon

  17. State constitutional politics dominated by 3 crucial issues:Distribution of power among groups & regions within stateScope of state & local gov’t authorityRelation of state to economic activity(G.A. Tarr, Director, Center for State Constitutional Studies)

  18. Must be the People’s ConventionMany Actions, Also OpportunitiesLegislature responsible, subj to ground rules Election of DelegatesPreparing Delegates for the TasksConvening ConConResults voted on by the people If ConCon Question Passes

  19. If ConCon Question Passes Work of next legislature will be very important • Legis decides # delegates, areas from which elected • Legis provides convention funding (salaries, facilities, equipment) Vital that public get involved, express their views For ConCon itself, citizen participation -- by running for delegates or being active observers -- is critical to ensure it truly be the People’s Convention

  20. The Voters DecideAny change to Hawaii’s Constitution, regardless of how it is proposed, is subject to approval by the electorate

  21. Please Join Us in Making a DifferenceWe’re the League of Women Voters of Hawaii

  22. Questions?

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