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Oxford Law Citator
The California State Constitution, 2nd Edition by R Grodin, Joseph; B Salerno, Michael; Shanske, Darien (1st December 2015)
Preface to the Second edition
Part One The History of the California Constitution
The History and Development of the California Constitution
The American Acquisition of California: “Cry Aloud for Independence!”
The 1849 Constitution and California Statehood: “Born in Different Climes, … Assembled … as Californians”
The 1879 Constitution: “A Sort of Mixture of Constitution, Code, Stump Speech, and Mandamus”
Corporate Power and Privilege
Taxation and Land Reform
Generalized Distrust of the Legislature
The Independent Role of the California Constitution
Amending and Revising the Constitution: The Problem of Constitutional Sprawl?
Constitutional Conventions: A Blind Alley?
Revision Through Commission
The Progressives and “Direct Democracy”
Power to the People?
Fruits of the Initiative Process: A Mixed Banquet?
The Initiative Process and Public Finance: California’s Current Fiscal Constitution
The Initiative Process and Minority Rights
Part Two The California Constitution and Commentary
A Note on the Text
A Note on Primary Sources
Art.I Declaration of Rights
s.1 Inalienable rights.
The “ Lochner Era” in California
Post- Lochner Judicial Deference Toward Economic Regulation
The Privacy Amendment
Safety and Happiness
s.2 Liberty of speech and of the press; newspersons’ refusal to disclose information sources not adjudged in contempt.
Applicability to Private Property
Public Property and Public Forums
Compelled Commercial Speech
s.3 Right to assemble and to petition.
s.4 Liberty of conscience.
Free Exercise and Enjoyment Without Discrimination or Preference
Establishment of Religion
s.5 The military.
s.6 Slavery prohibited.
s.7 Due process of law and equal protection of the laws; use of pupil assignment or pupil transportation; privileges and immunities.
Equal Protection of the Laws
s.7.5 Marriage; validity and recognition.
s.8 Sex, race, etc., not a disqualification for business.
s.9 Bill of attainder; ex post facto law; obligation of contract.
s.10 Detention of witnesses; no imprisonment for debt.
s.11 Suspension of habeas corpus.
s.12 Bail; release on own recognizance.
s.13 Unreasonable search and seizure; warrant.
s.14 Felony defendant before magistrate; prosecutions.
s.14.1 Felony; prosecution by indictment.
s.15 Criminal prosecutions; rights of defendants; due process of law; jeopardy; depositions; assistance of counsel.
s.16 Trial by jury.
s.17 Unusual punishment and excessive fines.
s.19 Eminent domain.
s.20 Rights of noncitizens.
s.21 Separate property of husband and wife.
s.22 No property qualification for voting or holding public office.
s.23 Grand juries.
s.24 Independence of the California Constitution; limits on independence in criminal cases; rights retained by the people.
s.25 Right to fish.
s.26 Constitution mandatory and prohibitory.
s.27 Death penalty.
s.28 “The Victims’ Bill of Rights.”
s.29 Due process of law in criminal cases; speedy and public trial.
s.30 Criminal cases: joinder, hearsay evidence, and discovery.
s.31 Discrimination based on race, sex, color, ethnicity, or national origin; gender-based qualifications in public employment, education, or contracting.
Art.II Voting, Initiative, Referendum, and Recall
s.1 Purpose of government.
s.2 Right to vote.
s.2.5 Right to have vote counted.
s.3 Residence; registration; free elections.
s.4 Improper practices affecting elections; disqualification of voters.
s.5 Primary elections for partisan offices; open presidential primary.
s.6 Nonpartisan offices.
s.7 Secret voting.
s.10 Initiative and referendum measures: effective date, conflicting measures, legislative repeal or amendment, titles.
s.11 Initiative and referendum measures: cities and counties.
s.12 Ballot measures: prohibition upon naming persons to office or corporations to duties.
s.13 Recall defined.
s.14 Recall petitions.
s.15 Recall elections.
s.16 Legislature to provide for recall petitions and elections.
s.17 Recall of governor or secretary of state.
s.18 Reimbursement of recall election expenses.
s.19 Recall of local officers.
s.20 Commencement of terms of elective office.
Art.III State of California
s.1 United States Constitution supreme law.
s.2 State boundaries; Sacramento the capital.
s.3 Separation of powers.
s.3.5 Administrative agencies: declaration statute unenforceable or unconstitutional: prohibited.
s.4 Salaries of elected state officers—Salary of judges.
s.5 Suits against state.
s.6 Official state language.
s.7 Retirement benefits for elected constitutional officers.
s.8 California Citizens Compensation Commission.
s.9 Sale of surplus state property.
s.1 Legislative power.
s.1.5 Legislators—Limitations on incumbency—Restriction of retirement benefits—Limit of staff and support services—Number of terms.
s.2 Senate and assembly—Membership—Elections—Number of terms and years of service—Qualifications—Vacancies.
s.3 Legislative sessions—Regular and special sessions.
s.4 Legislators—Conflicts of interest—Prohibited compensation—Earned income.
s.5 Legislators—Qualifications—Expulsion—Honoraria—Gifts—Prohibited compensation or activity—Lobbying—Conflict of interest.
s.6 Senatorial and assembly districts.
s.7 House rules—Officers—Quorum—Journals—Public proceedings—Closed sessions—Recess.
s.7.5 Legislature—Total aggregate expenditures.
s.8 Bills and statutes—Thirty-day waiting period—Three readings—Effective date—Urgency statutes.
s.8.5 Ballot measures—Application.
s.10 Gubernatorial veto: bill introduction in biennial session—Fiscal emergencies.
s.12 Governor’s budget—Budget bill—Other appropriations.
s.13 Legislators—Ineligible for certain offices.
s.14 Members—Not subject to civil process.
s.15 Influencing action or vote of a member—Felony.
s.16 Uniform operation of general laws—Special statutes—Invalid.
s.17 Prohibited extra compensation to public officials or contractors.
s.19 Lotteries—Horse races regulated—Bingo games and raffles for charitable purposes—Gaming on tribal land.
s.20 [Fish and game—Districts and commissions.]
s.21 [War- or enemy-caused disaster.]
s.22 [Accountability—Session goals and objectives.]
[Sections 23–27 have been repealed.]
s.28 [State Capitol maintenance—Appropriations.]
s.1 Executive power vested in governor.
s.2 Election—Eligibility—Number of terms.
s.3 Report to the legislature—Recommendations.
s.4 Information from executive officers, etc.
s.5 Filling vacancies—Confirmation by legislature.
s.6 Executive assignment and agency reorganization.
s.7 Commander of militia.
s.9 Lieutenant governor—Qualifications—Casting vote.
s.11 Other state officers—Election—Number of terms.
s.12 [This section was repealed June 6, 1990.]
s.13 Attorney general—Chief law officer.
s.14 State officers—Conflict of interest—Prohibited compensation—Earned income.
s.1 Judicial power vested in courts.
s.2 Supreme Court of California.
s.3 Courts of appeal.
s.4 Superior courts.
s.5 [Repealed Nov. 5, 2002.]
s.6 Judicial Council: membership and powers.
s.7 Commission on judicial appointments.
s.8 Commission on judicial performance.
s.9 State bar of California.
s.10 Original jurisdiction; judicial power to comment upon evidence.
s.11 Appellate jurisdiction.
s.12 Transfer of causes.
s.13 Setting aside of judgments.
s.14 Published judicial opinions.
s.15 Judicial eligibility.
s.15.5 [Repealed, operative Jan. 1, 1995.]
s.16 Judges: elections, terms, vacancies.
s.17 Judges: restrictions, other employment, benefits.
s.18 Judges: disqualification, suspension, removal, retirement, or reproval.
s.18.1 Subordinate judicial officers; oversight and discipline; Commission on Judicial Performance.
s.18.5 Disciplinary action; disclosure of text; limitations.
s.19 Judges: compensation.
s.20 Judges: retirement and disability.
s.21 Temporary judges.
s.22 Appointment of officers to perform subordinate judicial duties.
s.23 [Repealed, operative Jan. 1, 2007.]
Art.VII Public Officers and Employees
s.1 Civil service.
s.2 State personnel board: membership and compensation.
s.3 State personnel board: duties.
s.4 Positions exempt from civil service.
s.5 Temporary appointments.
s.6 Veterans’ preferences and other special rules.
s.7 Dual office holding.
s.8 Disqualification from holding office or jury service.
s.9 Subversive organizations.
s.10 Disqualification of elected officials for defamatory campaign statements.
s.11 Legislators’ and judges’ retirement systems.
s.1 Legislative policy.
s.2 Superintendent of public instruction—Election—Date of office—Number of terms.
s.2.1 Deputy and associate superintendents of public instruction.
s.3 County superintendents of schools.
s.3.1 County superintendents of schools—Qualifications and salaries.
s.3.2 Joint County Board of Education—Joint County Superintendent of Schools.
s.3.3 County boards of education—Qualification and terms of office.
s.4 [Section 4 has been repealed.]
s.5 Common school system.
Education as State Obligation
Education as a Fundamental Right
Scope of the Right to Education
s.6 Public schools—Salaries.
s.6.5 School districts—Bonds.
s.7 Boards of education.
s.7.5 Free textbooks.
s.8 Sectarian schools—Public money—Doctrines.
s.9 University of California.
[Sections 10–13 have been repealed.]
s.14 School district incorporation and organization—Governing board powers.
[Section 15 has been repealed.]
s.1 State’s right of eminent domain.
s.2 Conservation and beneficial use of water—Riparian rights.
s.4 Access to navigable waters.
s.5 State control of water use.
s.6 Compensation for water use.
s.7 Acquisition of real property—Conformance to California water laws.
Art.XA Water Resources Development
Art.XB Marine Resources Protection Act of 1990
s.3 Gill and trammel nets—Usage.
s.4 Gill and trammel nets—Usage.
s.5 Gill and trammel nets—Usage.
s.6 Permit fees.
s.7 Permitholder’s compensation for discontinuing fishing with gill and trammel nets.
s.8 Marine Resources Protection Account—Fees—Interest.
s.9 Marine Resources Protection Account—Grants.
s.10 Report to legislature.
s.11 Penalties for Violations—Probation—Fine.
s.12 Commercial fishing—Daily landings monitoring and evaluating programs.
s.13 Penalties for violations.
s.14 New ecological reserves.
s.15 Article not preempting or superseding other protective closures.
Art.XI Local Government
s.1 Counties: formation, boundaries, county seat, officers, and governing body.
s.2 Cities—Formation, powers.
s.3 County or city—Charters.
s.4 County charter—Provisions.
s.5 City charters—Provisions.
The Current Test
s.6 Charter city and county.
s.7 Local ordinances and regulations.
s.7.5 Ballot measures—Application.
s.8 Counties—Performance of municipal functions.
s.9 Local utilities.
s.10 Local government—Extra compensation; city, county, or district employees—Residency.
s.11 Private control of county or municipal functions—Deposit and investment of public money.
s.12 Claims against counties or cities, etc.
s.13 Distribution of powers—Construction of article.
s.14 Local government—Taxation.
s.15 Vehicle license fee allocations.
Art.XII Public Utilities
s.1 Public Utilities Commission—Composition.
s.2 Public Utilities Commission—Powers and duties.
s.3 Public utilities—Legislative control.
s.4 Rates—Discrimination in transportation charges, etc.
s.5 Public Utilities Commission—Compensation in eminent domain proceedings.
s.6 Public Utilities Commission—Powers and duties.
s.7 Free passes, public officials—Conflicts of interest, public utilities commissioner.
s.8 Public utilities—Regulation.
s.1 Uniformity clause.
s.2 Personal property classification.
s.3 Property tax exemptions.
Property Owned by a Government
Personal Property of Individuals
s.3.5 Veteran’s exemptions—Change in assessment ratio—Adjustment.
s.4 Property tax exemption.
s.5 Exemption of buildings under construction.
s.6 Exemption waivers.
s.7 Real property taxes—Exemption by county boards of supervisors.
s.8 Open-space land and historical property—Exemption.
s.8.5 Postponement of property taxes.
s.9 Valuation of certain homes.
s.10 Golf course values.
s.11 Taxation of local government real property.
s.12 Unsecured property tax rate.
s.13 Separate land and improvements assessment.
s.14 Tax situs.
s.15 Disaster relief.
s.16 County Board of Equalization—Assessment Appeals Board.
s.17 State Board of Equalization.
s.18 Intercounty equalization.
s.19 State assessment.
s.20 Maximum tax rates—Bonding limits.
s.21 School district taxes.
s.22 State property tax limitations.
s.23 State boundary change.
s.24 State taxes for local purposes.
s.25 Homeowners’ exemption, reimbursement of local government.
s.25.5 Ad valorem property tax revenue allocations.
Property Tax Allocation
Sales Tax and the “Triple Flip”
s.26 Income tax.
s.27 Bank and corporate taxes.
s.28 Taxation of insurance companies.
s.29 Local government tax sharing.
s.30 Tax liens—Presumption of payment of taxes.
s.31 Power to tax.
s.32 Proceedings related to correction.
s.33 Legislature to enact laws.
s.34 Food products—Taxation.
s.35 Local public safety services.
s.36 Protection of schools and local public safety—Temporary income and sales tax increases.
Tax Rate Increases and Earmarked Funds
Realignment and Change to Required State Subventions
Art.XIIIA [Tax Limitation]
Maximum Tax Rate—And Allocation of Property Taxes
“Full Cash Value”
Payments on “Bonded Indebtedness”
Rollback to 1975–1976 Tax Bill
“Purchase” or “Change in Ownership”
Base Year or Acquisition Price versus Current Market Value
s.3 Changes in state taxes—Vote requirement—Definition of “tax.”
State Tax Limitation—Supermajority Requirement
State Tax Limitation—Definition of “Tax”
Burden of Proof
s.4 Imposition of special taxes.
Supermajority Voting Requirement
Definition of “Special Taxes”: Nontax Revenue Sources
The Battle over the Definition of “Special Taxes” and Its Resolution
Real Property Transaction or Sales Taxes
s.5 Effective date.
s.7 California Children and Families First Act of 1998.
Art.XIIIB Government Spending Limitation
s.1 Total annual appropriations.
s.1.5 Appropriations limit annual calculation—Review.
s.2 Revenues in excess of limitation.
s.3 Appropriations—Limit adjustments.
s.4 Appropriations limit—Establishment or change.
s.5 Contingency, emergency, unemployment, etc., funds—Contributions—Withdrawals—Transfers.
s.5.5 Prudent state reserve.
s.6 Mandates of new programs or higher levels of service.
s.7 Bonded indebtedness.
s.9 Exceptions to appropriations subject to limitation.
s.10 Effective date of article.
s.10.5 Appropriations limit on or after July 1, 1990.
s.11 Category added or removed from appropriations subject to limitation—Severability.
s.12 Exceptions to appropriations subject to limitation.
s.13 Exceptions to appropriations subject to limitation.
Art.XIIIC [Voter Approval for Local Tax Levies]
General versus Special Taxes
Definition of a “Tax”
Burden of Proof
s.2 Local government tax limitation.
Application of General versus Special Tax Distinction
s.3 Initiative power for local taxes, assessments, fees, and charges.
Local Initiative Power
Art.XIIID [Assessment and Property-Related Fee Reform]
s.3 Property taxes, assessments, fees, and charges limited.
s.4 Procedures and requirements for all assessments.
Changes to Assessment Law
Assessments and Federal Constitutional Law
s.5 Effective date.
s.6 Property-related fees and charges.
Fee Procedures (Subdivision (a))
Fee Requirements (Subdivision (b))
Voter Approval (Subdivision (c))
Overview of Fee Nomenclature
Art.XIV Labor Relations
s.1 Minimum wages and general welfare.
s.2 Eight-hour workday.
s.3 Mechanics’ liens.
s.4 Workers’ compensation.
s.5 Inmate labor.
Art.XVI Public Finance
s.1 State indebtedness—Limitation—Two-Thirds vote to submit bond law—Submission of law to electors.
s.1.3 Budget deficits.
s.1.5 General obligation bond proceeds fund.
s.2 Bond issues—Submission by constitutional amendment prohibited—Repeal of certain constitutional provisions.
s.4 Loan guarantees re nonprofit corporations and public agencies.
s.5 Religious institutions—Grants prohibited.
s.6 Gifts or loans of public money or pledging of credit prohibited—Stock of corporations.
s.7 Controller’s warrants.
s.8 School funding priority.
s.8.5 Allocations to state school fund.
s.9 Fish and game.
s.10 Aged aid—Federal-state co-operation.
s.11 Relief administration.
s.13 Legislative power to release encumbrances taken as security for aid to aged.
s.14 Bonds—Environmental pollution control facilities.
s.14.5 Energy alternative sources facilities—Acquisition, construction, etc.—Revenue bond issuance.
s.15 Parking meter revenues.
s.16 Taxation of redevelopment projects.
s.17 State’s credit—Investment of public pension or retirement funds.
s.18 Municipal debt exceeding income.
s.19 Public improvement proceedings by chartered city or county.
s.20 Budget stabilization account.
Art.XVIII Amending and Revising the Constitution
s.1 Legislative initiative.
s.2 Constitutional convention.
s.3 Popular initiatives.
s.4 Effective date.
Art.XIX Motor Vehicle Revenues
s.1 Highway users tax account revenues.
s.2 Use of fuel taxes.
s.3 Use of motor vehicle fees and taxes.
s.4 Appropriations by the legislature—Regulation of expenditures, etc.
s.5 Authorization and approval for expenditures.
s.6 Expenditures for payments of bonds.
s.7 Replacement revenue.
s.8 Scope of article.
s.9 Use of excess lands for parks and recreation.
s.10 Transfer of surplus state property located in coastal zone.
Art.XIXA Loans from the Public Transportation Account or Local Transportation Funds
s.1 Loans to state general fund—Use of funds.
s.2 “Local transportation fund.”
Art.XIXB Motor Vehicle Fuel Sales Tax Revenues and Transportation Improvement Funding
s.1 Use of funds.
s.2 Allocation of funds.
Art.XIXC [Enforcement of Certain Provisions]
s.1 Challenge to invalidate an action.
s.2 Challenge to invalidate an action.
s.4 Restraining order or preliminary injunction.
Art.XX Miscellaneous Subjects
s.1 Sacramento County consolidation with city or cities.
s.1.5 Protection of the homestead.
s.2 Leland Stanford Junior University—Harry E. Huntington Library and Art Gallery.
s.3 Oath of office.
s.5 Laws concerning corporations.
s.6 Reductions in legislator’s terms of office—Retirement benefits.
s.7 Term limits on constitutional officers.
s.17 1/2 [Repealed.]
s.22 Liquor controls.
s.23 [No title].
Art.XXI Redistricting of Senate, Assembly, Congressional, and Board of Equalization Districts
s.1 Redistricting following national census.
s.2 Citizens Redistricting Commission.
s.3 Defense of certified final map.
Art.XXII [Architectural and Engineering Services]
s.1 Authority of government to contract for architectural and engineering services.
s.2 Construction of Article VII.
Art.XXXIV Public Housing Project Law
s.1 Voter approval required for low-income housing projects.
s.2 Provisions declared to be self-executing.
s.3 Constitutional severability.
s.4 Scope of article.
Art.XXXV Medical Research
s.1 California Institute for Regenerative Medicine.
s.2 California Institute for Regenerative Medicine—Purposes.
s.3 California Institute for Regenerative Medicine—Use of funds for cloning research.
s.4 California Institute for Regenerative Medicine—Funds.
s.5 Right to conduct stem cell research.
s.6 California Institute for Regenerative Medicine—Utilization of bonds.
s.7 California Institute for Regenerative Medicine—Civil service exemption.
Table of Cases
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Part Two The California Constitution and Commentary, Art.XVII
Joseph R. Grodin, Darien Shanske, Michael B. Salerno
The California State Constitution (2nd Edition)
Joseph R. Grodin, Michael B. Salerno, Darien Shanske
US Constitutional Law [USC]
Oxford Commentaries on the State Constitutions of the United States
Published in print:
01 December 2015
Article XVII was repealed June 8, 1976.
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