Opportunity to revise state Constitution on horizon

Hawaii voters will have the opportunity in November to decide whether to revise the state Constitution for the first time in 40 years, but ongoing fears about what those changes might bring and the potential influence of money and special interests on the process continue to worry some.

The last state constitutional convention held in 1978 ushered in major environmental protections, created the Office of Hawaiian Affairs, recognized Hawaiian as an official state language and created term limits for the office of governor and lieutenant governor, among many other changes. Nearly three dozen amendments were made to the Constitution.

Since then, voters have been reluctant to host another convention. The ballot measure has subsequently been defeated four times. But some say the time may be now.

“I’ve come to believe that actually this is a good time for us to have a constitutional convention for Hawaii,” said Ikaika Hussey, a magazine publisher and community advocate. “And a lot of this is about looking at the turbulence in Washington, D.C., and with all of that happening over there, I think it is very important that we have a very thoughtful conversation in order to determine our own future as an archipelago. Where are we going vis a vis all these major changes, both nationally and globally?”

Hussey has been organizing discussions around a potential constitutional convention, or concon, in recent months, including revisiting the 1978 convention. He noted that a constitutional convention gives the public a way of pushing more radical ideas that may not be able to get through the Legislature.

Hussey said that some of the general topics that a convention could consider are climate change, issues of equity and protecting labor unions in light of a recent Supreme Court decision that limits the power of public worker unions, as well as democracy itself.

“It seems crazy to say this, but I think we are in a position where we actually have to defend democracy,” he said.

Unless initiated by the Legislature, the state Constitution requires that voters be given the chance to hold a convention every 10 years. The question will appear on ballots in the Nov. 6 general election. A simple majority of voters must vote yes and blank votes will be counted as no votes. If voters approve a convention, delegates to the convention will be voted on in the next election, or a special election called by the Legislature. Any amendments that come out of a convention would then have to be voted on by the public. A convention would cost about $56 million, according to an estimate from the Legislative Reference Bureau.

The 1978 convention included more than 100 delegates who met for three months at Honolulu’s old federal building, across from Iolani Palace. More than 800 proposals were put forward before delegates whittled them down to 34 proposed amendments.

Jim Shon, director of the Hawaii Educational Policy Center at the University of Hawaii at Manoa, and a delegate to the 1978 convention, remembers it well. “The smell of the wood in each of the three offices still lingers with me,” he said.

Shon said that the 1970s were a time of heightened political engagement with movements focused on the environment, open government, agriculture and the Hawaiian culture.

“The other thing that happened around 1978 is that the World War II generation had kind of aged out and you had this new generation of boomers, of which I was a part of, anxious to grab the baton and make our mark,” said Shon. “So you actually had a generational echo for the first time in statehood.”

Shon said that after the 1978 convention there wasn’t an appetite generationally to support another convention, while stakeholders also wanted to protect what they had gained in the last convention. He also noted that there are concerns that money and special interests could manipulate the election of delegates.

Shon said that political turbulence brought about by the Trump presidency, as well as the internet, which has drummed up greater urgency for change, may help create an environment this year that favors a convention.

“Our nerves are raw with news of the day, of the year, of the hour, of the minute,” he said. “So whether or not this year, there is this sense that government is moving too slowly, is not as responsive, and I think the internet has created an appetite of impatience and urgency.”

Peter Adler, a professional mediator, said that the conventions are important because they give citizens a chance to talk about what should be front and center in Hawaii politics and for citizens to think hard about the future of the state. But he also said the public may not be politically engaged enough to embrace a convention, noting the state’s low voter turnout and disenchantment with government.

Adler said he also expected there will be push back.

“I do think dollars will start to move out on the issue itself, assuming people are conscious of the issue. It is a confusing issue, it’s not simple. And it will not surprise me if a number of interest groups, as we have seen in previous elections, will start rallying behind a ‘no,’” said Adler. “Typically, the opposition comes from established political interests, whether it be unions, the business circle, existing political folks. So usually the opponents of this get pretty organized and that is where you may see PACs and super PACs emerging or spending some of their money. And then, on the other hand, those that favor it are probably not that well organized.”