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Contents
The California State Constitution, 2nd Edition by R Grodin, Joseph; B Salerno, Michael; Shanske, Darien (1st December 2015)
- Preliminary Material
- Main Text
- 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”
- Amending and Revising the Constitution: The Problem of Constitutional Sprawl?
- Constitutional Conventions: A Blind Alley?
- Revision Through Commission
- The History and Development of the California Constitution
- Part Two The California Constitution and Commentary
- Preliminary Material
- Preamble
- Art.I Declaration of Rights
- Preliminary Material
- s.1 Inalienable rights.
- s.2 Liberty of speech and of the press; newspersons’ refusal to disclose information sources not adjudged in contempt.
- s.3 Right to assemble and to petition.
- s.4 Liberty of conscience.
- 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.
- 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.18 Treason.
- 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
- Preliminary Material
- 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.8 Initiative.
- s.9 Referendum.
- 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
- Preliminary Material
- 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.
- Art.IV Legislative
- Preliminary Material
- 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.4.5 Legislators—Retirement.
- 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.9 Statutes—Title—Section.
- s.10 Gubernatorial veto: bill introduction in biennial session—Fiscal emergencies.
- s.11 Committees.
- s.12 Governor’s budget—Budget bill—Other appropriations.
- Section 12.5
- 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.18 Impeachment.
- 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.]
- Art.V Executive
- Preliminary Material
- 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.8 Reprieves—Pardons—Commutations.
- s.9 Lieutenant governor—Qualifications—Casting vote.
- s.10 Succession.
- 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.
- Art.VI Judicial
- Preliminary Material
- 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
- Preliminary Material
- 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.
- Art.VIII
- Art.IX Education
- Preliminary Material
- 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.
- 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.
- s.10–13 [Repealed.]
- [Sections 10–13 have been repealed.]
- s.14 School district incorporation and organization—Governing board powers.
- s.15 [Repealed.]
- [Section 15 has been repealed.]
- Art.X Water
- Art.XA Water Resources Development
- Art.XB Marine Resources Protection Act of 1990
- Preliminary Material
- s.1 Title.
- s.2 Definitions.
- 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.
- s.16 Severability.
- Art.XI Local Government
- Preliminary Material
- 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.
- 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
- Preliminary Material
- 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.9 Restatement.
- Art.XIII Taxation
- Preliminary Material
- s.1 Uniformity clause.
- s.2 Personal property classification.
- s.3 Property tax exemptions.
- 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.
- 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.
- Art.XIIIA [Tax Limitation]
- Preliminary Material
- Maximum Tax Rate—And Allocation of Property Taxes
- “Full Cash Value”
- Payments on “Bonded Indebtedness”
- Rollback to 1975–1976 Tax Bill
- “Newly Constructed”
- “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.”
- s.4 Imposition of special taxes.
- s.5 Effective date.
- s.6 Severability.
- s.7 California Children and Families First Act of 1998.
- Art.XIIIB Government Spending Limitation
- Preliminary Material
- 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.8 Definitions.
- 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]
- Art.XIIID [Assessment and Property-Related Fee Reform]
- Art.XIV Labor Relations
- Art.XV Usury
- Art.XVI Public Finance
- Preliminary Material
- 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.3 Appropriations.
- 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.12 [Repealed.]
- 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.
- s.21
- s.22
- Art.XVII
- Art.XVIII Amending and Revising the Constitution
- Art.XIX Motor Vehicle Revenues
- Preliminary Material
- 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
- Art.XIXB Motor Vehicle Fuel Sales Tax Revenues and Transportation Improvement Funding
- Art.XIXC [Enforcement of Certain Provisions]
- Art.XX Miscellaneous Subjects
- Preliminary Material
- 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.3.5 [Repealed.]
- s.4 Franchises.
- s.5 Laws concerning corporations.
- s.6 Reductions in legislator’s terms of office—Retirement benefits.
- s.7 Term limits on constitutional officers.
- s.8 [Renumbered.]
- s.9 [Repealed.]
- s.10 [Repealed.]
- s.11 [Repealed.]
- s.12 [Repealed.]
- s.13 [Repealed.]
- s.14 [Repealed.]
- s.15 [Repealed.]
- s.16 [Repealed.]
- s.17 [Repealed.]
- s.17 1/2 [Repealed.]
- s.18 [Renumbered.]
- s.19–21 [Repealed.]
- s.22 Liquor controls.
- s.23 [No title].
- s.24 [Renumbered.]
- s.25 [Renumbered.]
- Art.XXI Redistricting of Senate, Assembly, Congressional, and Board of Equalization Districts
- Art.XXII [Architectural and Engineering Services]
- Articles XXIII–XXXIII
- Art.XXXIV Public Housing Project Law
- Art.XXXV Medical Research
- Preliminary Material
- 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.
- Part One The History of the California Constitution
- Further Material
