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The Honolulu Advertiser
Posted on: Sunday, May 18, 2008

Community debate on ConCon must begin now

The Constitution is the backbone of government, and it was never meant for constant tinkering.

But it's also easy to see why it can't be set in stone, either. Government must adapt and respond to the society it serves, so amending the Constitution can be the way to tailor a better fit.

Lawmakers can craft fixes to existing laws and put them before the people for a vote — but a Constitutional Convention is a means to involve the people more directly in that work, with the intent of producing better results that find resonance with the greater community.

Still, it's not a process to engage in lightly. That's precisely why the voters of Hawai'i need to have a conversation about whether or not government is serving them well and whether changing provisions in the Constitution is the right way to go.

Hawai'i leaves the door fairly wide open for Constitutional Conventions compared to many other states; some states don't allow them at all. A provision in the state Constitution allows lawmakers to pass a bill that would ask the voters to authorize a convention. Even if they do nothing, the state elections officer — the lieutenant governor — can put it on the ballot every 10 years.

Lt. Gov. James "Duke" Aiona is planning to do so this fall, as it's been 10 years since voters were last asked.

Lately, the prospect of a ConCon is stirring up a political hornet's nest. Besides Aiona, state lawmakers and a nonprofit have entered the fray, each with a plan to study how much the convention would cost.

It's surely an issue that voters will ponder before casting their ballots Nov. 4. But it's not the only question — nor is it the most important one.

What's really essential is that voters know what's at stake when the Constitution is revisited.

There are risks. Many skeptics compare the process with opening a Pandora's box, inviting proposals that could enable powerful national lobbies to run expensive campaigns to one side or another in controversial issues. Some fear a rollback in rights, affecting everything from legalized abortion to Native Hawaiian entitlements.

There may be factions within the state pressing for provisions that are better enacted through law than constitutional amendment but have failed to make the cut in the Legislature.

And correcting an ill-conceived amendment is far more difficult than passing a new law, because constitutional fixes must be ratified by the voters.

There are benefits to a ConCon. Primarily, constitutional amendments enable some government restructuring that laws can't accomplish, and allow key questions to be asked.

Should the counties have more power, or should most of it still rest in centralized state government? Are state offices set up in a way that helps get the people's work done? Is a two-chamber Legislature serving us well? Is there a way to conduct elections that would help engage the community better?

Many of the advocates for a ConCon point to Hawai'i's appallingly low voter turnout, the relatively few elections that are true contests and the lack of turnover among incumbent politicians as clear signs that the system needs a tune-up, if not a complete engine overhaul.

One of the byproducts of ConCons is that mounting a campaign for a delegate seat is more accessible to the average citizen. Inevitably, ConCons bring new blood to the political process and the marketplace of ideas, and that in itself is a good thing.

But the main event is the re-examination of government. It's not the sexiest of topics — the multitudes are not expected to flock to evening town meetings to discuss it. And that's unfortunate, because these issues do matter.

Efforts should be made to begin that discussion. The role of the elections office and of public interest groups, such as the League of Women Voters, should be to get people to think about the possibilities and pitfalls of a convention. There are more innovative ways to accomplish this outreach, through Web conferences and other means online.

But there's no time to waste. If government is in any measure a work in progress, or at least one that's evolving, that work needs to be approached seriously, and it needs to begin now.