Constitution of Hawaii — Article 9

ARTICLE IX

PUBLIC HEALTH AND WELFARE

Note

  This article was renumbered from Article VIII to be Article IX by Const Con 1978 and election Nov 7, 1978.  The former Article IX now appears as Article X.

Law Journals and Reviews

  Environmental Protection Based on State Constitutional Law:  A Call for Reinterpretation.  12 UH L. Rev. 123.

PUBLIC HEALTH

     Section 1.  The State shall provide for the protection and promotion of the public health. [Ren Const Con 1978 and election Nov 7, 1978]

Attorney General Opinions

  Enumeration of certain powers by this section was not intended to restrict the legislature.  Att. Gen. Op. 68-17.

CARE OF HANDICAPPED PERSONS

     Section 2.  The State shall have the power to provide for the treatment and rehabilitation of handicapped persons. [Ren and am Const Con 1978 and election Nov 7, 1978]

PUBLIC ASSISTANCE

     Section 3.  The State shall have the power to provide financial assistance, medical assistance and social services for persons who are found to be in need of and are eligible for such assistance and services as provided by law. [Ren and am Const Con 1978 and election Nov 7, 1978]

ECONOMIC SECURITY OF THE ELDERLY

     Section 4.  The State shall have the power to provide for the security of the elderly by establishing and promoting programs to assure their economic and social well-being. [Add Const Con 1978 and election Nov 7, 1978]

HOUSING, SLUM CLEARANCE, DEVELOPMENT

AND REHABILITATION

     Section 5.  The State shall have the power to provide for, or assist in, housing, slum clearance and the development or rehabilitation of substandard areas.  The exercise of such power is deemed to be for a public use and purpose. [Am HB 54 (1975) and election Nov 2, 1976; ren and am Const Con 1978 and election Nov 7, 1978]

Case Notes

  Did not preempt ordinance relating to residential condominium leasehold conversion.  76 H. 46, 868 P.2d 1193.

MANAGEMENT OF STATE POPULATION GROWTH

     Section 6.  The State and its political subdivisions, as provided by general law, shall plan and manage the growth of the population to protect and preserve the public health and welfare; except that each political subdivision, as provided by general law, may plan and manage the growth of its population in a more restrictive manner than the State. [Add Const Con 1978 and election Nov 7, 1978]

PUBLIC SIGHTLINESS AND GOOD ORDER

     Section 7.  The State shall have the power to conserve and develop objects and places of historic or cultural interest and provide for public sightliness and physical good order.  For these purposes private property shall be subject to reasonable regulation. [Ren and am Const Con 1978 and election Nov 7, 1978]

Law Journals and Reviews

  Metromedia, Inc. v. City of San Diego:  The Conflict Between Aesthetic Zoning and Commercial Speech Protection; Hawaii's Billboard Law Under Fire, Note.  5 UH L. Rev. 79.

Case Notes

  Applies to regulation of sign in industrial area.  50 H. 33, 429 P.2d 825.

  Cited:  59 H. 65, 576 P.2d 1029.

PRESERVATION OF A HEALTHFUL ENVIRONMENT

     Section 8.  The State shall have the power to promote and maintain a healthful environment, including the prevention of any excessive demands upon the environment and the State's resources. [Add Const Con 1978 and election Nov 7, 1978]

Law Journals and Reviews

  Applying Indigenous Ecological Knowledge for the Protection of Environmental Commons:  Case Studies from Hawai`i for the Benefit of "Island Earth".  41 UH L. Rev. 300 (2019).

CULTURAL RESOURCES

     Section 9.  The State shall have the power to preserve and develop the cultural, creative and traditional arts of its various ethnic groups. [Add Const Con 1978 and election Nov 7, 1978]

PUBLIC SAFETY

     Section 10.  The law of the splintered paddle, mamala-hoe kanawai, decreed by Kamehameha I--Let every elderly person, woman and child lie by the roadside in safety--shall be a unique and living symbol of the State's concern for public safety.

     The State shall have the power to provide for the safety of the people from crimes against persons and property. [Add Const Con 1978 and election Nov 7, 1978]

Law Journals and Reviews

  Ke Kanawai Mamalahoe:  Equality in Our Splintered Profession.  33 UH L. Rev. 249 (2010).