The California state constitution / Joseph R. Grodin, Calvin R. Massey, and Richard B. Cunningham ; foreword by Malcolm M. Lucas.

Format:

Book

Author/Creator:

Grodin, Joseph R.

Contributor:

Massey, Calvin R.

Cunningham, Richard B.

Lucas, Malcolm M.

Series:

Oxford commentaries on the state constitutions of the United States.

The Oxford Commentaries on the State Constitutions of the United States

Language:

English

Subjects (All):

Constitutions--California.

Constitutions.

Constitutional law--California.

Constitutional law.

Constitutional history--California.

Constitutional history.

Physical Description:

1 online resource (418 pages).

Edition:

1st ed.

Place of Publication:

New York, New York : Oxford University Press, 1993.

Language Note:

English

Summary:

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. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. 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.

Contents:

Cover

Contents

Acknowledgments

Series foreword

Foreword

PART ONE: The History of 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"

The Progressive Movement: "Give us a square deal for Christ's sake"

Constitutional Change aft er the Progressive Movement: "Constant amendment has produced an instrument bad in form"

The Rise and Threatened Decline of an Independent California Constitution: "Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution"

PART TWO: The California Constitution and Commentary

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

Use of Pupil Assignment or Pupil Transportation

Privileges and Immunities

Section 8. Sex, Race, etc., Not a Disqualification for Business

Section 9. Bill of Att ainder

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 People

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

Article II. Voting, Initiative, Referendum, and Recall

Section 1. Purpose of Government

Section 2. Right to Vote

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. Initiative and Referendum 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. Supremacy of United States Constitution

Section 2. State Boundaries

Sacramento the Capital

Section 3. Separation of Powers

Section 3.5. Limits on Powers of Administrative Agencies to Declare Statutes Invalid or Unenforceable

Section 4. Salaries of Elected State Officers and Judges

Section 5. Suits against the State

Section 6. Official State Language

Section 7. Retirement Benefits for Elected Constitutional Officers

Section 8. California Citizens Compensation Commission

Article IV. Legislative

Section 1. Legislative Power

Section 1.5. Legislative Term Limits

Restriction of Retirement Benefits

Limits on Legislative Staff and Support

Section 2. Senate and Assembly: Membership, Elections, Number of Terms, Qualifications, Vacancies

Section 3. Legislative Sessions

Section 4. Legislators: Conflicts of Interest, Prohibited Compensation, Earned Income, Travel and Living Expenses, Retirement

Section 4.5. Legislators' Retirement

Section 5. Legislators: Qualifications and Expulsion, Honoraria, Gifts, Conflicts of Interest, Prohibited Compensation or Activities, Lobbying

Section 6. Senatorial and Assembly Districts

Section 7. House Rules: Quorum, Journals, Public Proceedings, Closed Sessions, Recess

Section 7.5. Limits on Total Aggregate Expenditures for the Legislature

Section 8. Bills and Statutes: Thirty-Day Waiting Period, Three Readings, Effective Date, Urgency Statutes

Section 9. Statute Titles

Section 10. Gubernatorial Veto: Override and Exceptions

Section 11. Committees

Section 12. Governor's Budget

Budget Bill

Other Appropriations

Section 13. Legislators Ineligible for Certain Offices.

Section 14. Legislators not Subject to Civil Process

Section 15. Felonious Influencing of Legislative Vote

Section 16. Uniform and Paramount Nature of General Laws

Section 17. Prohibited Extra Compensation to Public Officials or Contractors

Section 18. Impeachment

Section 19. Lotteries, Horse Racing, and Gambling

Section 20. Fish and Game

Section 21. War- or Enemy-Caused Disaster

Section 22. Legislative Accountability

Sections 23-27. [Repealed.]

Section 28. State Capitol Maintenance

Article V. Executive

Section 1. Executive Power Vested in Governor

Section 2. Gubernatorial Qualifications, Term, Election, and Limits on Terms

Section 3. Gubernatorial Report to Legislature

Section 4. Executive Officers to Report to Governor

Section 5. Method of Filling Vacancies

Section 6. Executive Assignment and Agency Reorganization

Section 7. Governor as Commander of the State Militia

Section 8. Reprieves, Pardons, and Commutations

Section 9. Qualifications for and Voting Power of Lieutenant Governor

Section 10. Succession in Office

Section 11. Other State Officers: Election, Term, Limits on Terms

Section 12. [Repealed.]

Section 13. Att orney General

Section 14. State Officers: Conflicts of Interest, Prohibited Compensation or Activities, Earned Income, Honoraria, Gifts, Lobbying

Article VI. Judicial

Section 1. Judicial Executive Power Vested in Courts

Section 2. Supreme Court of California

Section 3. Courts of Appeal

Section 4. Superior Courts

Section 5. Municipal and Justice Courts

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. Judicial Eligibility

Section 16. Judges: Elections, Terms, Vacancies

Section 17. Judges: Restrictions, Other Employment, Benefits

Section 18. Judges: Disqualification, Suspension, Removal, Retirement, or Reproval

Section 19. Judges: Compensation

Section 20. Judges: Retirement and Disability

Section 21. Temporary Judges

Section 22. Appointment of Officers to Perform Subordinate Judicial Duties

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 State Public Instruction: Election, Commencement of Term, Limit on 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 and 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. Public Schools: Public School System, Salaries, State Aid.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

Contains:

California. Constitution (1879).

ISBN:

9780199877867

0199877866

OCLC:

867929986