The Time is Right for a Constitutional Convention

Small Business Hawaii is joining a major effort to get the bill passed that would enable the state to hold a Constitutional Convention (Concon) in 2008.

The first meeting of the Concon coalition was March 21, 2005 in the Manoa Innovation Center.

The Concon bill would have to pass next year to get on the 2006 ballot, and there already is a strong campaign underway to get any hope for the Concon killed, officially started by Sen. Lorraine Inouye. She already introduced a resolution asking the Legislative Reference Bureau to determine whether legislation should even be introduced to put the Concon question on the ballot.

See http://www.capitol.hawaii.gov/sessioncurrent/bills/scr55_.htm

Most know the history of the Concon in Hawaii - but here is a reminder.

Hawaii is the only state in the union that has as part of its constitution the possibility of holding a Constitutional Convention every 10 years - a provision hailed by open government advocates.

The last Concon in Hawaii was in 1978, and many important decisions were made that still affect Hawaii residents today including the way the state Board of Education is set up and the establishment of OHA, as well as the constitution our courts rely on.

With the opportunity for another Concon, the citizens of Hawaii would have the chance to establish on a state level referendum, recall and initiative; readjust the way the school board operate (possibly decentralize the system); and address many other important constitutional questions.

There are powerful organizations and powerbrokers that do not want a Concon because they do not want the state Constitution changed. Some of those include OHA, the public unions and some of the Democrats who are a part of the John Waihee faction.

John Waihee, who was the governor in Hawaii from 1986 to 1994, was once the biggest advocate for the Concon. In fact, his rise to power came in 1978 when he ran for the Concon on a platform that it is one of the most important vehicles for democracy in the state. He was the star of the convention and it was clear then that U.S. Sen. Dan Inoyue had selected Waihee to be the next governor.

Fast forward to1988, when as Governor, Waihee did everything he could to defeat a Concon in that year. His reasoning - Hawaii residents didn’t need a Concon because all the important changes had already been made to the constitution in 1978.

In 1998, the voters supported a Concon, but unfortunately there were many who opted to leave their ballot blank. Though there were more voters who said “yes” to the concon than “no”, the UPW took the state to court and got the Hawaii Supreme Court to rule in favor of the UPW and for the infamous “a blank ballot counts as a no vote.” The voters were overruled by the court system. State attorney general Margery Bronster didn’t help the voters either. She interpreted the constitution prior to the election the opposite way the Hawaii Supreme Court did, telling voters blank ballots would not count against yes votes and for the no side.

Once again as a state we face the important question of whether the voters - the people of the state - will have a chance to truly influence government and the way the state operates.

No matter the outcome of such an event, voters should at the very least be allowed to decide whether there should be a Concon, and if they opt for one, what Hawaii will look like in the future.

April 2005 SB News Front Page

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Copyright 2005 Small Business Hawaii. Last update: April 2, 2005