In 1978, as a young progressive lawyer, I stood for election as a delegate to Hawaii’s Constitutional Convention (ConCon). I won by two votes from my East Honolulu district, joining 104 statewide delegates. The person I had edged out was slated to be the president of that ConCon — so my election threw unexpected challenges into the works. However, things quickly got organized, with many players getting involved. Those who were in the majority secured leadership positions.
That ConCon defined Hawaii’s political identity. The Bill of Rights for the citizens of Hawaii was expansive as well as aspirational. We established a Code of Ethics, the requirement for an annual state balanced budget, and term limits for the governor and lieutenant governor. It was considered the watershed political event in the modern state of Hawaii, but it is worth noting that only seven of the 104 delegates went on to hold political office.
Our key accomplishments include the establishment of the Office of Hawaiian Affairs as trustees for indigenous lands and assets and the recognition of the Hawaiian language as an official language of the state. With our foresight, we made provisions regarding the conservation and development of land, water and marine resources and a beautiful statement promoted energy self-sufficiency. We stipulated that there would be no nuclear power in Hawaii without a two-thirds vote in each chamber of the Legislature. Collective bargaining was codified in the Constitution, with protections for workers and employers. I was involved with the Judiciary in creating a merit selection panel to select judges and establishing the Intermediate Court of Appeals.
We accomplished a great deal in our 75-day session costing $2.5 million. It is hard to imagine that another ConCon would warrant today’s estimated price tag of $55 million. That does not include money spent by special interests to advance their candidates and their amendments. Look at the millions that poured into our recent state primary election! Surely, $55 million is better spent on infrastructure, education and caring for our people?
It is always important for leaders of our community to come together to discuss how we can do better. Government transparency, super PACs, the need to rebuild public trust all need attention. We have the means to examine these issues within our existing system. We can do more to engage our citizens and hold our legislators and the executive branch more accountable.
Yes, any amendments arising from the ConCon would need to be ratified by voters. However, will voters do their homework? There were 20 or more Honolulu City Charter Amendments a few years ago and most voters were confused, not understanding the issues relating to each amendment. The 1978 ConCon proposed many more amendments. However, voters could vote a blanket “yes” or “no” for the entire package. Votes on individual amendments were not possible then.
Our voter turnout is abysmal: Around 50 percent of those registered to vote, do so. If the amendments are on the 2020 ballot, will the same small number of people decide what passes?
We have seen how social media can create a false reality with disastrous consequences. Special interests could overwhelm the delegate election process and exert undue influence. Inattentive voters could vote aye or nay on the amendments, with unintended consequences.
I am proud of what emerged from the 1978 ConCon. But in our current climate, the hoped-for rewards do not outweigh the risks. Voters should say no to a ConCon.
Rai Saint Chu is an attorney and was a delegate in Hawaii’s 1978 Constitutional Convention.