Why is the issue of a constitutional convention being put on the ballot in the upcoming general election?

• The Hawaii State Legislature can place a constitutional convention on the ballot at any election. Those who drafted our State constitution included the provisions for the automatic placement of the question on the ballot every 10 years; however, the intent was not to make changes to our constitution every 10 years. Instead, it was to provide an opportunity by the people to adapt the constitution to new conditions within a reasonable time if the legislature fails to do so, based on demand. Hawaii is one of the few states in the nation that reviews its constitution so frequently.

What is the purpose of a state constitution?

• A state constitution is different from our federal constitution, or Bill of Rights. The federal constitution defines the authority of the federal government. The state constitution attempts to set parameters for the authority of the state government and preserves the rights of the people who are being governed.

What are the components of an ideal constitution?

• State constitutions should be relatively brief documents that establish the structure of government, and set the limitations placed upon government. Governments can function more effectively under constitutions that contain a simple digest of fundamental principles rather than a series of long and detailed statutory provisions. A constitution provides the foundation upon which laws can be adopted to meet the changing needs of our community. When a constitutional convention delves into policy making, it requires the constitution to be updated more frequently over time.

Isn’t a constitutional convention a wise investment?

• No, there are so many other important priorities in our community. The state is projecting nearly a $1 billion deficit and programs and services are already being cut. A constitutional convention would only make things worse. These taxpayer dollars could be better used for books, school supplies or better classroom facilities, hot meals for homebound elderly and disabled, healthcare for more families and much more.

Are the benefits resulting from a constitutional convention worth the cost?

• Some estimate the cost of a constitutional convention to be up to $41 million in taxpayers’ money. The cost of the venue, office, staffing can quickly add up.
• On top of that, there can be years of costly litigation that result from proposes changes coming out of a convention. Hawaii’s people are being asked to vote for something when we have not yet established a need and what we want to get out of it.
• Other states have voted against a constitutional convention for this very reason: too many unanswered questions. Conducting a constitutional convention properly is a huge undertaking and financial investment. Then there are the hidden costs of subsequent litigation resulting from the proposed revisions to our state’s constitution. It’s taxpayers’ money and we should invest prudently.

Doesn’t a constitutional convention give more power to the people?

• Some believe a constitutional convention will be breath of fresh air: Different names, different faces, and different venue. This is very misleading. The reality is that our legislature will set the parameters for a constitutional convention. The elected delegates will decide on the processes that will be used for important decisions that impact Hawaii’s people and will even decide which issues will take priority - all at the expense of taxpayers. It is the status quo packaged in a different way.

Won’t a constitutional convention allow us to make badly needed changes to our most pressing issues?

• No one knows the agenda and desired outcomes for a constitutional convention. We all want change, and some would like to believe a constitutional convention is a panacea, providing the solutions we need. The only thing we know for sure is that delegates may feel an obligation to their financial supporters to advocate special interests, which may not represent the broader interests of Hawaii’s people. It’s important to point out that the earliest a constitutional convention could be held would be the year 2010, two years from now.

A constitutional convention will allow us to have people who really listen to us. What’s wrong with that?

• In the 1978 constitutional convention, in two and half months, 102 delegates proposed 1,116 revisions to every article our state constitution. There will be no overarching direction for a constitutional convention. Nothing in our state constitution would be sacred if we were to vote in favor of constitutional convention. It will be a free for all.
• The result would be a deliberative body composed of multiple voices with different agendas vying for attention and the pressure to make changes at the expense of fully understanding the implications of these changes. The cost to campaign as a delegate is prohibitive for many people. Those who receive financial backing will most likely be beholden to the special interests of their funders.
• Our legislative process is broken because people do not feel that they are being heard by those whom they elected or have given up on voting and the belief that we have a representative democracy. Doesn’t a constitutional convention address this?
  A constitutional convention is an expensive, redundant system. A number of amendments have successfully been introduced through the legislative process. The majority of amendments - 49 out of the 69 amendments - to the constitution came through the legislative process, not through a constitutional convention. Many would rather complain about the legislative process rather than hold elected officials accountable.