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The Honolulu Advertiser
Posted on: Sunday, June 24, 2007

Convention would help Hawaii chart future course more clearly

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The question isn't whether or not Hawai'i should have a constitutional convention. By the time the next one could happen in 2010, more than three decades will have elapsed since the last time the state's core governing document got a thorough review. So much has changed since the 1978 ConCon that there's no lack of fodder.

The question is: How can the next convention be set up so that citizens get the most from this rare opportunity?

The state Constitution requires that the question of whether to have a convention be placed on the ballot at least every decade. Since the Legislature hasn't done so since the last balloting in 1998, the lieutenant governor must see that the question goes on the 2008 ballot.

The 1978 ConCon delegates were tapped in a special election authorized by the voters. While it's not necessary to go to that added expense this time, the state plainly owes the current generation of voters this chance to tweak the way public business is handled.

This time, the program for change will have to be less ambitious, because courts since have ruled that blank ballots count as "no" votes. Controversial amendments are tougher to pass.

Tougher, but still possible.

For those still not convinced that such a gathering is essential, here are a few potential benefits:

  • Sustainability. All the talk about creating a desired future for the Islands — and about the difficulty in making it so — points to a need for structural government change to make it work.

    For example, everyone agrees that "important agricultural lands" must be preserved, but making that happen may mean a shift in the powers of government agencies. After all, the drive to designate these important lands originated with the 1978 ConCon, but the legislative and executive branches are still struggling to get the job done.

    Convention delegates could bring a fresh perspective to the issue.

  • Ethics. There's a disturbing disconnect between the state's ethics code and lawmakers who seem impervious to any rigorous enforcement of the rules. An external body needs to have oversight of legislators in cases of ethical breaches. It seems logical that the Ethics Commission could serve that purpose, but extending its purview to the Legislature will take a constitutional amendment.

    After many frustrating attempts at change, it's become clear that our lawmakers are unable to bring this about.

  • Politics. Highly charged issues, such as campaign reform and civil unions, need to be discussed openly. Fears of electoral repercussions seem to interfere with that happening within the state Capitol. For example, the civil unions proposal was tabled last session rather than being brought to a vote. Constitutional convention delegates are less prone to short-circuiting an initiative because of re-election concerns.

  • Leadership. To be sure, many have used a ConCon seat as a political launching pad. This is not necessarily a bad thing. The shortage of candidates willing to take on an incumbent in elections at every level strongly suggests that Hawai'i's younger citizens are not being engaged in the work of government.

    A side benefit of a ConCon is that it provides an onramp for new leaders, with campaign expenses presenting less of a hurdle. Although three incumbent lawmakers were elected delegates in 1978, they were discouraged from overtaking the process. It marked the political debut of former Gov. John Waihee, former Mayor Jeremy Harris and numerous legislators.

    It was a "people's" convention, and that outcome should be encouraged this time, too. This is an opportunity to bring fresh ideas into the way the people's business is done, one that should not be missed.