The Bill of Rights is the first ten Amendments to the Constitution of the United States. It spells out Americans’ rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, freedom of the press, and freedom of religion.
The Bill of Rights also sets rules for due process of law and reserves all powers not delegated to the federal government to the people or to the states. And it specifies that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
In Hawaii, as in all states, the Bill of Rights provides the foundational civil liberties and rights that protect individuals from government overreach. These first ten Amendments to the U.S. Constitution guarantee freedoms such as speech, press, and religion, and ensure due process of law. The Tenth Amendment, in particular, reserves powers not delegated to the federal government to the states or the people, establishing a principle of federalism. Hawaii's state constitution also reinforces these rights and may provide additional protections, but it cannot infringe upon the fundamental rights guaranteed by the Bill of Rights. Any state laws or actions in Hawaii that are alleged to violate the rights enshrined in the Bill of Rights can be challenged in court, and the federal courts, including the Supreme Court, have the final say on their interpretation.