Constitutions are important for the proper functioning of a government. It represents the fundamental laws of a state while distributing power and authority amongst the three branches of government and protecting citizens rights. The United States Constitution is the national constitution and separates the powers between the Federal and State levels of government. State Constitutions fill the void and differ from state to state. State constitutions are easier to change than the federal constitution. All state constitutions have been amended at some point in history and proposals for changes still show up on ballots year by year. These amendments can be initiated in a few different ways and the rules by which they vary state by state.
In 2014, the State of Hawaii had two constitutional amendment proposals, one of which was in regards to Article X, Section 1 of the constitution which states:
ARTICLE X
EDUCATION
PUBLIC EDUCATION
Section 1. The State shall provide for the establishment, support and control of a statewide system of public schools free from sectarian control, a state university, public libraries and such other educational institutions as may be deemed desirable, including physical facilities therefor. There shall be no discrimination in public educational institutions because of race, religion, sex or ancestry; nor shall public funds be appropriated for the support or benefit of any sectarian or nonsectarian private educational institution, except that proceeds of special purpose revenue bonds authorized or issued under section 12 of Article VII may be appropriated to finance or assist:
1. Not-for-profit corporations that provide early childhood education and care facilities serving the general public; and2. Not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges and universities. [Ren and am Const Con 1978 and election Nov 7, 1978; am L 1994, c 280, §4 (HB 2692-94) and election Nov 8, 1994; am HB 2848 (2002) and election Nov 5, 2002]
The Hawaii State Funding for Private Early Childhood Education Programs, Amendment 4 on the November 4, 2014 ballot in Hawaii was a legislatively referred constitutional amendment. In the state, public funds could not be used for private institutions except for the proceeds of special purpose revenue bonds in specific cases. The measure would have allowed the state to spend public funds for the “support or benefit” of private early childhood education programs but was defeated by a majority citizen vote of 52% against. Supporters and opponents of the amendment both were advocating an expansion of preschool education. Supporters felt the best route was to allocate public funds to private schools and opponents believed the state should establish fully funded preschool through the public education system. The amendment was sponsored in the Hawaii Legislature by State Senator Donna Mercado Kim as Senate Bill 1084.
In Hawaii, an amendment must win not just a majority of all votes cast on that particular proposal, but a majority of the vote of everyone voting in that election which is also known as a double majority.
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