The California State Constitution (Oxford Commentaries on the State Constitutions of the United States)

The California Constitution is one of the longest in the world and has been revised over 500 times since its original drafting in 1849. In its current incarnation, the constitution reflects the state's mistrust of elected officials, gives cities and towns broad home rule powers, and outlines governance for the state's university system. The California State Constitution provides an outstanding constitutional and historical account of the state's basic governing charter. In addition to an overview of California's constitutional history, it offers an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting in 1849. This treatment, along with a table of cases, index, and the bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of California's constitution. The second edition updates and expands the previous edition published in 1993. The book provides new analysis, with citations to court decisions and relevant scholarly commentary, as well as accompanying explanations and a lengthy introduction to provide historical and thematic context. This new edition also contains a foreword by the current Chief Justice of California, Tani Cantil-Sakauye. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents. Cover Series The California State Constitution Copyright Dedication Contents Detailed Contents Series foreword by G. Alan Tarr Foreword by Chief Justice Tani Cantil-Sakauye Preface to the Second Edition (with Acknowledgments) Part One The History 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 Part Two The California Constitution and Commentary A Note on the Text A Note on Primary Sources Preamble Article I. Declaration of Rights Section 1. Inalienable Rights Section 2. Liberty of Speech and of the Press; Newspersons’ Refusal to Disclose Information Sources Not Adjudged in Contempt Section 3. Right to Assemble and to Petition Section 4. Liberty of Conscience Section 5. The Military Section 6. Slavery Prohibited Section 7. Due Process of Law and Equal Protection of the Laws; Use of Pupil Assignment or Pupil Transportation; Privileges Section 7.5 Marriage; Validity and Recognition Section 8. Sex, Race, etc., Not a Disqualification for Business Section 9. Bill of Attainder; Ex Post Facto Law; Obligation of Contract Section 10. Detention of Witnesses; No Imprisonment for Debt Section 11. Suspension of Habeas Corpus Section 12. Bail; Release on Own Recognizance Section 13. Unreasonable Search and Seizure; Warrant Section 14. Felony Defendant before Magistrate; Prosecutions Section 14.1. Felony; Prosecution by Indictment Section 15. Criminal Prosecutions; Rights of Defendants; Due Process of Law; Jeopardy; Depositions; Assistance of Counsel Section 16. Trial by Jury Section 17. Unusual Punishment and Excessive Fines Section 18. Treason Section 19. Eminent Domain Section 20. Rights of Noncitizens Section 21. Separate Property of Husband and Wife Section 22. No Property Qualification for Voting or Holding Public Office Section 23. Grand Juries Section 24. Independence of the California Constitution; Limits on Independence in Criminal Cases; Rights Retained by the Pe Section 25. Right to Fish Section 26. Constitution Mandatory and Prohibitory Section 27. Death Penalty Section 28. “The Victims’ Bill of Rights” Section 29. Due Process of Law in Criminal Cases; Speedy and Public Trial Section 30. Criminal Cases: Joinder, Hearsay Evidence, and Discovery Section 31. Discrimination Based on Race, Sex, Color, Ethnicity, or National Origin; Gender-Based Qualifications in Public E Article II. Voting, Initiative, Referendum, and Recall Section 1. Purpose of Government Section 2. Right to Vote Section 2.5. Right to Have Vote Counted Section 3. Residence; Registration; Free Elections Section 4. Improper Practices Affecting Elections; Disqualification of Voters Section 5. Primary Elections for Partisan Offices; Open Presidential Primary Section 6. Nonpartisan Offices Section 7. Secret Voting Section 8. Initiative Section 9. Referendum Section 10. Initiative and Referendum Measures: Effective Date, Conflicting Measures, Legislative Repeal or Amendment, Titles Section 11. Initiative and Referendum Measures: Cities and Counties Section 12. Ballot Measures: Prohibition upon Naming Persons to Office or Corporations to Duties Section 13. Recall Defined Section 14. Recall Petitions Section 15. Recall Elections Section 16. Legislature to Provide for Recall Petitions and Elections Section 17. Recall of Governor or Secretary of State Section 18. Reimbursement of Recall Election Expenses Section 19. Recall of local Officers Section 20. Commencement of Terms of Elective Office Article III. State of California Section 1. United States Constitution Supreme Law Section 2. State Boundaries; Sacramento the Capital Section 3. Separation of Powers Section 3.5. Administrative Agencies: Declaration Statute Unenforceable or Unconstitutional: Prohibited Section 4. Salaries of Elected State Officers—Salary of Judges Section 5. Suits against State Section 6. Official State Language Section 7. Retirement Benefits for Elected Constitutional Officers Section 8. California Citizens Compensation Commission Section 9. Sale of Surplus State Property Article IV. Legislative Section 1.5. Legislators—Limitations on Incumbency—Restriction of Retirement Benefits—Limit of Staff and Support Services—Numb Section 2. Senate and Assembly—Membership—Elections— Number of Terms and Years of Service—Qualifications—Vacancies Section 3. Legislative Sessions—Regular and Special Sessions Section 4. Legislators—Conflicts of Interest—Prohibited Compensation—Earned Income Section 4.5. Legislators—Retirement Section 5. Legislators—Qualifications—Expulsion— Honoraria—Gifts—Prohibited Compensation or Activity— Lobbying— Conflict of I Section 6. Senatorial and Assembly Districts Section 7. House Rules—Officers—Quorum—Journals—Public Proceedings—Closed Sessions—Recess Section 7.5. Legislature—Total Aggregate Expenditures Section 8. Bills and Statutes—Thirty-Day Waiting Period—Three Readings—Effective Date—Urgency Statutes Section 8.5. Ballot Measures—Application Section 9. Statutes—Title—Section Section 10. Gubernatorial Veto: Bill Introduction in Biennial Session—Fiscal Emergencies Section 11. Committees Section 12. Governor’s Budget—Budget Bill—Other Appropriations Section 13. Legislators—Ineligible for Certain Offices Section 14. Members—Not Subject to Civil Process Section 15. Influencing Action or Vote of a Member—Felony Section 16. Uniform Operation of General Laws—Special Statutes—Invalid Section 17. Prohibited Extra Compensation to Public Officials or Contractors Section 18. Impeachment Section 19. Lotteries—Horse Races Regulated—Bingo Games and Raffles for Charitable Purposes—Gaming on Tribal Land Section 20. [Fish and Game—Districts and Commissions] Section 21. [War- or Enemy-Caused Disaster] Section 22. [Accountability—Session Goals and Objectives] Sections 23–27. [Repealed] Section 28. [State Capitol Maintenance—Appropriations] Article V. Executive Section 1. Executive Power Vested in Governor Section 2. Election—Eligibility—Number of Terms Section 3. Report to the Legislature—Recommendations Section 4. Information from Executive Officers, Etc. Section 5. Filling Vacancies—Confirmation by Legislature Section 6. Executive Assignment and Agency Reorganization Section 7. Commander of Militia Section 8. Reprieves—Pardons—Commutations Section 9. Lieutenant Governor—Qualifications—Casting Vote Section 10. Succession Section 11. Other State Officers—Election—Number of Terms Section 12. [Repealed] Section 13. Attorney General—Chief Law Officer Section 14. State Officers—Conflict of Interest—Prohibited Compensation—Earned Income Article VI. Judicial Section 1. Judicial Power Vested in Courts Section 2. Supreme Court of California Section 3. Courts of Appeal Section 4. Superior Courts Section 5. [Repealed] Section 6. Judicial Council: Membership and Powers Section 7. Commission on Judicial Appointments Section 8. Commission on Judicial Performance Section 9. State Bar of California Section 10. Original Jurisdiction; Judicial Power to Comment upon Evidence Section 11. Appellate Jurisdiction Section 12. Transfer of Causes Section 13. Setting Aside of Judgments Section 14. Published Judicial Opinions Section 15. Judicial Eligibility Section 15.5. [Repealed] Section 16. Judges: Elections, Terms, Vacancies Section 17. Judges: Restrictions, Other Employment, Benefits Section 18. Judges: Disqualification, Suspension, Removal, Retirement, or Reproval Section 18.1. Subordinate Judicial Officers; Oversight and Discipline; Commission on Judicial Performance Section 18.5. Disciplinary Action; Disclosure of Text; Limitations Section 19. Judges: Compensation Section 20. Judges: Retirement and Disability Section 21. Temporary Judges Section 22. Appointment of Officers to Perform Subordinate Judicial Duties Section 23. [Repealed] Article VII. Public Officers and Employees Section 1. Civil Service Section 2. State Personnel Board: Membership and Compensation Section 3. State Personnel Board: Duties Section 4. Positions Exempt from Civil Service Section 5. Temporary Appointments Section 6. Veterans’ Preferences and Other Special Rules Section 7. Dual Office Holding Section 8. Disqualification from Holding Office or Jury Service Section 9. Subversive Organizations Section 10. Disqualification of Elected Officials for Defamatory Campaign Statements Section 11. Legislators’ and Judges’ Retirement Systems Article VIII. [Repealed] Article IX. Education Section 1. Legislative Policy Section 2. Superintendent of Public Instruction—Election— Date of Office—Number of Terms Section 2.1. Deputy and Associate Superintendents of Public Instruction Section 3. County Superintendents of Schools Section 3.1. County Superintendents of Schools—Qualifications and Salaries Section 3.2. Joint County Board of Education—Joint County Superintendent of Schools Section 3.3. County Boards of Education—Qualification and Terms of Office Section 4. [Repealed] Section 5. Common School System Section 6.5. School Districts—Bonds Section 7. Boards of Education Section 7.5. Free Textbooks Section 8. Sectarian Schools—Public Money— Doctrines Section 9. University of California Sections 10–13. [Repealed] Section 14. School District Incorporation and Organization—Governing Board Powers Section 15. [Repealed] Section 16. Boards of Education—City Charter Provisions Article X. Water Section 1. State’s Right of Eminent Domain Section 2. Conservation and Beneficial Use of Water—Riparian Rights Section 3. Tidelands Section 4. Access to Navigable Waters Section 5. State Control of Water Use Section 6. Compensation for Water Use Section 7. Acquisition of Real Property—Conformance to California Water Laws Article XA. Water Resources Development Article XB. Marine Resources Protection Act of 1990 Section 1. Title Section 2. Definitions Section 3. Gill and Trammel Nets—Usage Section 4. Gill and Trammel Nets—Usage Section 5. Gill and Trammel Nets—Usage Section 6. Permit Fees Section 7. Permitholder’s Compensation for Discontinuing Fishing with Gill and Trammel Nets Section 8. Marine Resources Protection Account—Fees— Interest Section 9. Marine Resources Protection Account—Grants Section 10. Report to Legislature Section 11. Penalties for Violations—Probation—Fine Section 12. Commercial Fishing—Daily Landings Monitoring and Evaluating Programs Section 13. Penalties for Violations Section 14. New Ecological Reserves Section 15. Article Not Preempting or Superseding Other Protective Closures Section 16. Severability Article XI. Local Government Section 1. Counties: Formation, Boundaries, County Seat, Officers, and Governing Body Section 2. Cities—Formation, Powers Section 3. County or City—Charters Section 4. County Charter—Provisions Section 5. City Charters—Provisions Section 6. Charter City and County Section 7. Local Ordinances and Regulations Section 7.5. Ballot Measures—Application Section 8. Counties—Performance of Municipal Functions Section 9. Local Utilities Section 10. Local Government—Extra Compensation; City, County, or District Employees—Residency Section 11. Private Control of County or Municipal Functions— Deposit and Investment of Public Money Section 12. Claims against Counties or Cities, Etc. Section 13. Distribution of Powers—Construction of Article Section 14. Local Government—Taxation Section 15. Vehicle License Fee Allocations Article XII. Public Utilities Section 1. Public Utilities Commission—Composition Section 2. Public Utilities Commission—Powers and Duties Section 3. Public Utilities—Legislative Control Section 4. Rates—Discrimination in Transportation Charges, Etc. Section 5. Public Utilities Commission—Compensation in Eminent Domain Proceedings Section 6. Public Utilities Commission—Powers and Duties Section 7. Free Passes, Public Officials—Conflicts of Interest, Public Utilities Commissioner Section 8. Public Utilities—Regulation Section 9. Restatement Article XIII. Taxation Section 1. Uniformity Clause Section 2. Personal Property Classification Section 3. Property Tax Exemptions Section 3.5. Veteran’s Exemptions—Change in Assessment Ratio—Adjustment Section 4. Property Tax Exemption Section 5. Exemption of Buildings under Construction Section 6. Exemption Waivers Section 7. Real Property Taxes—Exemption by County Boards of Supervisors Section 8. Open-Space Land and Historical Property— Exemption Section 8.5. Postponement of Property Taxes Section 9. Valuation of Certain Homes Section 10. Golf Course Values Section 11. Taxation of Local Government Real Property Section 12. Unsecured Property Tax Rate Section 13. Separate Land and Improvements Assessment Section 14. Tax Situs Section 15. Disaster Relief Section 16. County Boards of Equalization—Assessment Appeals Board Section 17. State Board of Equalization Section 18. Intercounty Equalization Section 19. State Assessment Section 20. Maximum Tax Rates—Bonding Limits Section 21. School District Taxes Section 22. State Property Tax Limitations Section 23. State Boundary Change Section 24. State Taxes for Local Purposes Section 25. Homeowners’ Exemption, Reimbursement of Local Government Section 25.5. Ad Valorem Property Tax Revenue Allocations Section 26. Income Tax Section 27. Bank and Corporate Taxes Section 28. Taxation of Insurance Companies Section 29. Local Government Tax Sharing Section 30. Tax Liens—Presumption of Payment of Taxes Section 31. Power to Tax Section 32. Proceedings Related to Correction Section 33. Legislature to Enact Laws Section 34. Food Products—Taxation Section 35. Local Public Safety Services Section 36. Protection of Schools and Local Public Safety— Temporary Income and Sales Tax Increases Article XIIIA. [Tax Limitation] Section 1. Maximum Ad Valorem Tax on Real Property—Apportionment of Tax Revenues Section 2. Valuation of Real Property—Appraised Value after 1975—Assessment—Replacement Dwelling Section 3. Changes in State Taxes—Vote Requirement— Definition of “Tax” Section 4. Imposition of Special Taxes Section 5. Effective Date Section 6. Severability Section 7. California Children and Families First Act of 1998 Article XIIIB. Government Spending Limitation Section 1. Total Annual Appropriations Section 1.5. Appropriations Limit Annual Calculation—Review Section 2. Revenues in Excess of Limitation Section 3. Appropriations—Limit Adjustments Section 4. Appropriations Limit—Establishment or Change Section 5. Contingency, Emergency, Unemployment, Etc., Funds—Contributions—Withdrawals—Transfers Section 5.5. Prudent State Reserve Section 6. Mandates of New Programs or Higher Levels of Service Section 7. Bonded Indebtedness Section 8. Definitions Section 9. Exceptions to Appropriations Subject to Limitation Section 10. Effective Date of Article Section 10.5. Appropriations Limit on or after July 1, 1990 Section 11. Category Added or Removed from Appropriations Subject to Limitation—Severability Section 12. Exceptions to Appropriations Subject to Limitation Section 13. Exceptions to Appropriations Subject to Limitation Article XIIIC. [Voter Approval for Local Tax Levies] Section 1. Definitions Section 2. Local Government Tax Limitation Section 3. Initiative Power for Local Taxes, Assessments, Fees, and Charges Article XIIID. [Assessment and Property-Related Fee Reform] Section 1. Application Section 2. Definitions Section 3. Property Taxes, Assessments, Fees, and Charges Limited Section 4. Procedures and Requirements for All Assessments Section 5. Effective Date Section 6. Property-Related Fees and Charges Article XIV. Labor Relations Section 1. Minimum Wages and General Welfare Section 2. Eight-Hour Workday Section 3. Mechanics’ Liens Section 4. Workers’ Compensation Section 5. Inmate Labor Article XV. Usury Section 1. Rate of Interest Article XVI. Public Finance Section 1. State Indebtedness—Limitation—Two-Thirds Vote to Submit Bond Law—Submission of Law to Electors Section 1.3. Budget Deficits Section 1.5. General Obligation Bond Proceeds Fund Section 2. Bond Issues—Submission by Constitutional Amendment Prohibited—Repeal of Certain Constitutional Provisions Section 3. Appropriations Section 4. Loan Guarantees re Nonprofit Corporations and Public Agencies Section 5. Religious Institutions—Grants Prohibited Section 6. Gifts or Loans of Public Money or Pledging of Credit Prohibited—Stock of Corporations Section 7. Controller’s Warrants Section 8. School Funding Priority Section 8.5. Allocations to State School Fund Section 9. Fish and Game Section 10. Aged Aid—Federal-State Co-operation Section 11. Relief Administration Section 12. [Repealed] Section 13. Legislative Power to Release Encumbrances Taken as Security for Aid to Aged Section 14. Bonds—Environmental Pollution Control Facilities Section 14.5. Energy Alternative Sources Facilities—Acquisition, Construction, Etc.—Revenue Bond Issuance Section 15. Parking Meter Revenues Section 16. Taxation of Redevelopment Projects Section 17. State’s Credit—Investment of Public Pension or Retirement Funds Section 18. Municipal Debt Exceeding Income Section 19. Public Improvement Proceedings by Chartered City or County Section 20. Budget Stabilization Account Article XVII. [Repealed] Article XVIII. Amending and Revising the Constitution Section 1. Legislative Initiative Section 3. Popular Initiatives Section 4. Effective Date Article XIX. Motor Vehicle Revenues Section 1. Highway Users Tax Account Revenues Section 2. Use of Fuel Taxes Section 3. Use of Motor Vehicle Fees and Taxes Section 4. Appropriations by the Legislature—Regulation of Expenditures, Etc. Section 5. Authorization and Approval for Expenditures Section 6. Expenditures for Payments of Bonds Section 7. Replacement Revenue Section 8. Scope of Article Section 9. Use of Excess Lands for Parks and Recreation Section 10. Transfer of Surplus State Property Located in Coastal Zone Article XIXA. Loans from the Public Transportation Account or Local Transportation Funds Section 1. Loans to State General Fund—Use of Funds Section 2. “Local Transportation Fund” Article XIXB. Motor Vehicle Fuel Sales Tax Revenues and Transportation Improvement Funding Section 1. Use of Funds Section 2. Allocation of Funds Article XIXC. [Enforcement of Certain Provisions] Section 1. Challenge to Invalidate an Action Section 3. Interest Section 4. Restraining Order or Preliminary Injunction Article XX. Miscellaneous Subjects Section 1. Sacramento County Consolidation with City or Cities Section 1.5. Protection of the Homestead Section 2. Leland Stanford Junior University—Harry E. Huntington Library and Art Gallery Section 3. Oath of Office Section 4. Franchises Section 5. Laws Concerning Corporations Section 6. Reductions in Legislator’s Terms of Office— Retirement Benefits Section 7. Term Limits on Constitutional Officers Sections 8–21. [Repealed or renumbered] Section 22. Liquor Controls Section 23. [No Title] Sections 24 and 25. [Renumbered] Article XXI. Redistricting of Senate, Assembly, Congressional, and Board of Equalization Districts Section 1. Redistricting Following National Census Section 2. Citizens Redistricting Commission Section 3. Defense of Certified Final Map Article XXII. [Architectural and Engineering Services] Section 1. Authority of Government to Contract for Architectural and Engineering Services Section 2. Construction of Article VII [Articles XXIII through XXVIII have either been repealed or renumbered; there are no Articles XXIX–XXXIII] Article XXXIV. Public Housing Project Law Section 1. Voter Approval Required for Low-Income Housing Projects Section 2. Provisions Declared to Be Self-Executing Section 3. Constitutional Severability Section 4. Scope of Article Article XXXV. Medical Research Section 1. California Institute for Regenerative Medicine Section 2. California Institute for Regenerative Medicine— Purposes Section 3. California Institute for Regenerative Medicine— Use of Funds for Cloning Research Section 4. California Institute for Regenerative Medicine— Funds Section 5. Right to Conduct Stem Cell Research Section 6. California Institute for Regenerative Medicine— Utilization of Bonds Section 7. California Institute for Regenerative Medicine— Civil Service Exemption Select Bibliography Table of Cases Index About the Authors 'the California State Constitution' Provides An Outstanding Constitutional And Historical Account Of The State's Basic Governing Charter. In Addition To An Overview Of California's Constitutional History, The Second Edition Provides An Updated And In-depth, Section-by-section Analysis Of The Entire Constitution, Detailing The Many Significant Changes That Have Been Made Since Its Initial Drafting In 1849. Part One. The History Of The California Constitution -- Part Two. The California Constitution And Commentary -- Article I. Declaration Of Rights -- Article Ii. Voting, Initiative, Referendum, And Recall -- Article Iii. State Of California -- Article Iv. Legislative -- Article V. Executive -- Article Vi. Judicial -- Article Vii. Public Officers And Employees -- Article Viii. [repealed] -- Article Ix. Education -- Article X. Water -- Article Xa. Water Resources Development -- Article Xb. Marine Resources Protection Act Of 1990 -- Article Xi. Local Government -- Article Xii. Public Utilities -- Article Xiii. Taxation -- Article Xiiia. [tax Limitation] -- Article Xiiib. Government Spending Limitation -- Article Xiiic. [voter Approval For Local Tax Levies] -- Article Xiiid. [assessment And Property-related Fee Reform] -- Article Xiv. Labor Relations -- Article Xv. Usury -- Article Xvi. Public Finance -- Article Xvii. [repealed] -- Article Xviii. Amending And Revising The Constitution -- Article Xix. Motor Vehicle Revenues -- Article Xixa. Loans From The Public Transportation Account Or Local Transportation Funds -- Article Xixb. Motor Vehicle Fuel Sales Tax Revenues And Transportation Improvement Funding -- Article Xixc. [enforcement Of Certain Provisions] -- Article Xx. Miscellaneous Sujects -- Article Xxi. Redistricting Of Senate, Assembly, Congressional, And Board Of Equalization Districts -- Article Xxii. [architectural And Engineering Services] -- [articles Xxiii Throught Xxviii Have Either Been Repealed Or Renumbered; There Are No Articles Xxix-xxxiii.] -- Article Xxxiv. Public Housing Project Law -- Article Xxxv. Medical Research. Joseph R. Grodin, Darien Shanske, And Michael B. Salerno ; Foreword By Chief Justice Tani Cantil-sakauye. Includes Bibliographical References (pages 535-541) And Index.