1852 Constitution of the Hawaiian Kingdom

Kauikeaouli enacted the first constitution of Hawaii in 1840 which created a more western-like government with a two-body legislature.

[4] This means he ruled in accordance with the sovereign people and a constitution declaring their rights.

It also created a judicial branch similar to the one used in the continental U.S., which established a supreme court[6] of which the king would be the chief judge.

[7] This first written constitution did effectively split the government in a European fashion, however it was very general.

This helped to clearly outline the rights of the people in regards to land and the organization of communities which solved the confusion left unaddressed in the 1840 edition.

[11] It also restructured the House of Nobles so that the members were no longer determined by heredity, but were rather appointed for life by the King.

The delegated powers of the Legislative, Judicial, and Executive (Monarchy) branches of the Hawaiian government were also specified.

The 29th article of the constitution allowed the king to convene the legislature at the seat of the government or at a different location if safety was an issue.

The original constitution stated that any Chief of Rank as appointed by the King would have the title "highness".

Article 5 of the 1856 amendment changed the requirement of each governmental department to report its transactions and business.

Under the amendment, the legislature was only required to meet on behalf of the welfare of the nation biannually rather than annually as previously defined by the constitution.

Under the amendment the king would appoint members of the House of Nobles who would hold their seats for life except in cases of resignation.

King Kamehameha V despised the liberal nature of the 1852 constitution and wanted to restore power to the monarchy.

He gathered a small group of delegates consisting of chiefs from the House of Nobles, some common citizens, and some missionaries to assemble a convention to re-write the constitution.

The constitution of 1864 expanded the powers of the king, created a unicameral legislature, restricted freedom of the press, weakened the judicial, and discriminated against the poor through the institution of a property requirement for people to vote or serve in the legislature.