Comparing Hawaii’s State Constitution to the U.S.
Constitution:
A Comparative Analysis
Sample Student
Connections Academy
Legislative language used to craft constitutional documents can be intentionally
restrictive or open to interpretation to give governments parameters for interpreting laws
to appropriately regulate society. State constitutions are generally more detailed than the
U.S. Constitution. This is not to say that there are not similarities between what is
contained in the state constitutions and the federal Constitution. For example, Hawaii’s
constitution and the U.S. Constitution both include a preamble that lists general rights
afforded to the people of Hawaii and, alternatively, the United States. Both constitutions
contain articles specifying the powers of the legislative, executive, and judicial branches.
State constitutions tend to diverge from the federal Constitution in outlining the rights
and responsibilities of local entities. Hawaii’s constitution has 18 articles compared to 7
in the U.S. Constitution. Within these articles are more detailed topics such as how the
state deals with elections, taxation, local government, public health, and conservation
policies. This comparative analysis will discuss the Hawaiian constitution to the U.S.
Constitution in terms of the similarities and differences in their bill of rights and a
comparison of their provisions for protection of privacy rights.
The U.S. Constitution’s Bill of Rights and the Hawaii State Constitution’s Bill of
rights are similar in their approach to outlining citizen’s protected rights. Like the U.S.
Bill of Rights, Hawaiians are specifically guaranteed freedom of religion, speech,
assembly, and petition. For example, in article 1.4 of the Hawaiian Bill of Rights, “No
law shall be enacted respecting an establishment of religion, or prohibiting the free
exercise thereof, or abridging the freedom of speech or of the press or the right of the
people peaceably to assemble and to petition the government for a redress of
grievances.” This is reflective of the article three of the U.S. Bill of Rights which declares
that, “Congress shall make no law respecting an establishment of religion, or prohibiting
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the free exercise thereof; or abridging the freedom of speech, or of the press; or the right
of the people peaceably to assemble, and to petition the Government for a redress of
grievances.”
As a second point of comparison, protections are guaranteed for due
process for citizens accused of crimes in both bills of rights. For example, Hawaiians are
protected against discrimination and are promised equal protection under the law. In
article 1.5 of the Hawaii Bill of Rights it states, “No person shall be deprived of life,
liberty or property without due process of law, nor be denied the equal protection of the
laws, nor be denied the enjoyment of the person's civil rights or be discriminated against
in the exercise thereof because of race, religion, sex or ancestry.” This echoes article 7 of
U.S. Bill of Rights which states, “No person shall be held to answer for a capital, or
otherwise infamous crime, unless a presentment or indictment of a Grand Jury…nor shall
be compelled in any criminal case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law….” Hawaii, like many states adopted
inalienable rights from the U.S. foundational documents, which proliferated the model of
democracy for their societies.
Yet, a key difference between Hawaiian foundational documents and the U.S.
constitution is that the Hawaiian constitution goes into much more detail about civil
liberties. Like the Declaration of Independence, but not directly stated in the U.S.
Constitution, Hawaiians are guaranteed the right to life, liberty, and the pursuit of
happiness. As noted in the previous paragraph, equal rights between the sexes are also
guaranteed. This is not mentioned in the U.S. Constitution after the Equal Rights
Amendment failed to gain approval from the necessary 38 states in the 1980s.(U.S.
History, n.d.) Segregation is specifically outlawed in the Hawaiian constitution as is
imprisonment for debt. Finally, the people of Hawaii are guaranteed access to records of
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persons who committed certain crimes against children within its Bill of Rights. All-inall, the Hawaiian constitution goes into greater detail in terms of the rights afforded to its
citizens (Hawaii State Constitution, article I).
Another difference between the U.S foundational and Hawaiian foundational
documents is the right to privacy, which is implied within the U.S. Constitution but stated
explicitly in Hawaii’s. This right is important since it protects people against
unnecessary interference from the government as long as they are following the law and
not harming others. The right to privacy is stated in Article I, Section 6 of the Hawaiian
state constitution: “The right of the people to privacy is recognized and shall not be
infringed without the showing of a compelling state interest. The legislature shall take
affirmative steps to implement this right (Hawaii State Constitution, article I, section 6).”
The state is not only specific about privacy being a guaranteed right, but it also compels
the state legislature to protect the right when necessary. In addition to listing privacy as a
state right, the website on which Hawaii’s state constitution can be found lists examples
of how the Hawaiian state court system has interpreted this section. This is different
from the fourth amendment to the Constitution which abstractly implies the right to
privacy by protecting citizens from “...unreasonable searches and seizures…” by
providing protection for “…people to be secure in their persons, houses, papers, and
effects….” These differences reflect the freedom of states within a federalist system to
adopt the spirit or letter of U.S. Constitutional principles as determined necessary for
their individual populations.
Therefore, specific documents used to govern society harness legislative language to
outline rights and limitations which are in some cases prescribed or open to interpretation
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to evolve with the needs the people and historic times. Hawaii’s state constitution is
clearly more specific and detailed than the U.S. Constitution. The U.S. Constitution’s
general language is necessary since there are fifty states that can get more specific about
the rights of their citizens. Since the United States encompasses such a large amount of
territory, certain states should be free to list out certain rights. Hawaii strikes a good
middle ground in terms of privacy and general versus specific language. While it is
mentioned as a right, the Hawaiian constitution does not get into excessive detail about
what privacy rights entail. This is left to the court system. Therefore, Hawaii’s
constitution does provide more comprehensive protections to the right of privacy as
opposed to the U.S. Constitution, but also remains malleable to adapt and serve its
citizens.
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References
Hawaii Bill of Rights, article I
Hawaii State Constitution, article I.
U.S. Bill of Rights, article VII
U.S. Constitution, amendment I.
U.S. History, 57c. The Equal Rights Amendment. Retrieved from
http://www.ushistory.org/us/57c.asp
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Sample Outline
I.
Legislative language used to craft constitutional documents can be
intentionally restrictive or open to interpretation to give governments
parameters for interpreting laws to appropriately regulate society. Discuss
general similarities and differences between your state constitution and the
U.S. Constitution
A.
Document structure
1.
Similarities
a.
preambles in both – Yes, U.S. Constitution has 6 specific
parts of the Preamble; HI also has a Preamble w/ state motto – 4
main phrases (We reserve the right to control our destiny, to
nurture the integrity of our people and culture, and to preserve the
quality of life that we desire. We reaffirm our belief in a
government of the people, by the people and for the people…)
b.
articles in both – All 3 branches (but appear in different
places – I, II, III vs. III, V, VI)
2.
Differences:
a.
State has more articles than U.S. (18 in HI vs. 7 in U.S.)
b.
State is much longer than U.S. (Bill of Rights directly in
articles, elections, taxation, local government, public health,
conservation policies)
B.
Government structure
1.
Similarities
a.
Three branches
C. Thesis statement: This comparative analysis will discuss the Hawaiian
constitution to the U.S. Constitution in terms of the similarities and differences in
their bill of rights and a comparison of their provisions for protection of privacy
rights.
II. U.S. Bill of Rights compared to the Hawaii Bill of Rights – Protection of citizen
rights
A.
Article I (Bill of Rights)
B.
Similarities: freedom of religion, speech, assembly, petition, press, due
process rights, unreasonable searches and seizures, grand juries, probable
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cause, double jeopardy, excessive bail, speedy trial, bear arms/state
militia, eminent domain,
III. Civil liberties in the in Hawaii vs. U.S. foundational documents
Differences: life, liberty, pursuit of happiness, equality between the sexes,
no segregation, must be $5,000 for trial by jury, no imprisonment of debt,
marriage, public access to persons who committed offenses vs. children
and other sexual offenses
IV. The Right to Privacy
A.
Importance: As long as people are following laws and are not harming
anyone else, they should be free to pursue their interests and make their
own choices without interference from the government.
B.
Article I, Section 6 of HI constitution: The right of the people to privacy is
recognized and shall not be infringed without the showing of a compelling
state interest. The legislature shall take affirmative steps to implement this
right.
C.
Article I, Section 7: The right of the people to be secure in their persons,
houses, papers and effects against unreasonable searches, seizures and
invasions of privacy shall not be violated
V. Explicit vs. general constitutional language & conclusion
A.
Hawaii’s constitution is clearly more specific than the Constitution
B.
Constitution’s general language is necessary since there are 50 states that
can get into more detail based on their region of the country and culture.
C.
Hawaii has a good middle ground in terms of privacy. While it is
specifically mentioned as a right, the HI Constitution does not get into
detail about what rights are guaranteed vs. which ones are not, allowing
the court system to interpret.
a. Hawaii’s constitution does provide a more specific protection of privacy
rights, though not necessarily “comprehensive”
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Name
Date
Comparing State and U.S. Constitutions Portfolio Rubric
Directions: Use the rubric below as a guide in writing and revising your essay.
Criteria
(Weight)
Ideas/Purpose
(× 2)
Excellent (4)
Good (3)
Fair (2)
Poor (1)
The comparison
between the U.S.
Constitution and
the state
constitution is
clearly stated for
each element of
the prompt.
The comparison
between the U.S.
Constitution and
the state
constitution is
stated for each
element of the
prompt.
The comparison
between the U.S.
Constitution and
the state
constitution may
be unclear for
one element of
the prompt.
The response
strongly
supports the
comparison with
specifics from the
documents
(articles,
amendments,
etc.).
The response
mostly supports
the comparison
with specifics
from the
documents
(articles,
amendments,
etc.).
The response
provides basic
support for the
comparison with
specifics from the
documents
(articles,
amendments,
etc.).
The comparison
between the U.S.
Constitution and
the state
constitution is
unclear for
more than one
element of the
prompt.
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The response has
little or no
support for the
comparison with
specifics from the
documents
(articles,
amendments,
etc.).
Points Awarded
Criteria
(Weight)
Analysis
(×2)
Excellent (4)
Good (3)
Fair (2)
Poor (1)
The response
contains a clear
and fully
developed
analysis of the
similarities and
differences
between the U.S.
Constitution and
the state
constitution in
terms of
government
structure,
document
structure, bill of
rights, privacy,
and language.
The response
contains an
adequate
analysis of the
similarities and
differences
between the U.S.
Constitution and
the state
constitution in
terms of
government
structure,
document
structure, bill of
rights, privacy,
and language.
The response
contains a basic
or weak analysis
of the similarities
and differences
between the U.S.
Constitution and
the state
constitution in
terms of
government
structure,
document
structure, bill of
rights, privacy,
and language.
The response
contains a
limited analysis
of the similarities
and differences
between the U.S.
Constitution and
the state
constitution in
terms of
government
structure,
document
structure, bill of
rights, privacy,
and language.
Comprehension
(×2)
The response
shows a strong
understanding of
the U.S.
Constitution and
the state
constitution.
The response
shows an
adequate
understanding of
the U.S.
Constitution and
the state
constitution.
The response
shows a basic
understanding of
the U.S.
Constitution and
the state
constitution.
The response
shows a limited
understanding of
the U.S.
Constitution and
the state
constitution.
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Points Awarded
2
Criteria
(Weight)
Word Choice
(×2)
Organization
(× 1)
Excellent (4)
Good (3)
Fair (2)
Poor (1)
The vocabulary is
clearly
appropriate for
the audience and
purpose.
The vocabulary is
generally
appropriate for
the audience and
purpose.
The vocabulary is
somewhat
appropriate for
the audience and
purpose.
The vocabulary
may not be
appropriate for
the audience or
purpose.
Words are used
effectively.
Most words are
used effectively.
Writing is rich
with a variety of
academic and
domain-specific
words.
Writing shows an
adequate use of
academic and
domain-specific
words.
The word choice
is weak or
ineffective.
There are
multiple errors
in word choice.
Writing shows a
weak use of
academic and
domain-specific
words.
Writing shows
limited or no
use of academic
or domainspecific words.
There is a clear
and effective
organizational
structure.
There is an
organizational
structure.
The
organizational
structure is
inconsistent.
There is little or
no organizational
structure.
The introduction
and conclusion
are effective.
Ideas are
organized
logically.
The introduction
and conclusion
are adequate.
Ideas are
organized
logically, though
a few ideas may
be out of place.
The introduction
and conclusion
are weak or not
present.
Points Awarded
There is no
introduction or
conclusion.
Ideas are limited
or extraneous.
Some ideas are
extraneous or out
of place.
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3
Criteria
(Weight)
Conventions
(× 1)
Citations
(x1)
Excellent (4)
Good (3)
Fair (2)
Poor (1)
Points Awarded
There is a strong There is a
command of
general
conventions.
command of
conventions.
Punctuation,
Punctuation,
capitalization,
capitalization,
and spelling are
and spelling are
consistently
mostly correct.
correct.
There is a partial There is a
command of
limited
conventions.
command of
conventions.
Punctuation,
Punctuation and
capitalization,
capitalization are
and spelling are
mostly
inconsistent or
incorrect.
weak.
There are
multiple errors
Errors in
conventions may in spelling.
occasionally
Errors in
interfere with
conventions
meaning.
often interfere
with meaning.
All references
are cited clearly
and accurately.
References are
cited
inconsistently.
There are some
errors in
reference
citations.
Most references
are cited
accurately.
Few or no
references are
cited.
There are
multiple errors
in reference
citations.
0 points: No evidence of ability to demonstrate targeted skill.
Total points:
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/44
4
Comments
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