CALIFORNIA STATE CONSTITUTION

We the People of California do hereby constitute this State, a republic, limited by law and the
respect of People, its provision, to secure the blessings of life, liberty and the pursuit of happiness.

ARTICLE I

Section 1 - Supremacy
This constitution and all powers of the State are derived from the People.
This constitution will be the supreme law of the State under the Constitution of the United States.
The State will not abridge or deny the privileges and immunities of citizens of the United States.

Section 2- Citizenship & Voting

All citizens of the United States resident in the State and all other persons lawfully resident in the
State currently and for four years are citizens of the State. No person may be deprived of citizenship due
to service overseas. The right to vote will not be abridged or denied any citizen of the State sixteen years
or older, except as a condition of current imprisonment.

Section 3- Elections
General elections will be held on the first Tuesday after the first Monday of even numbered years,
unless otherwise prescribed by law. Absentee voting will be provided by law.
The result of general elections will be determined within four weeks of the time of election. The
terms of elective offices of the constitution will begin and conclude at midday six weeks following the
general election.

Section 4- Qualifications for Office

No person will serve in any office of the constitution while serving in any other office or position of
profit, or while serving in any other office of the State or the United States. No person convicted of a
felony will serve in any office of the constitution. No person will serve in any one elective office of the
constitution for more than four terms.

ARTICLE II-

Section 1- Legislative Powers

The supreme legislative power of the State will be vested in the State Assembly.

Section 2- Election
The Assembly will be composed of Delegates elected from each district of the State. The State will
be composed of forty districts determined every ten years as prescribed in this constitution.
In each district, the two candidates receiving the greatest number of votes will be elected
Delegates. Delegates will be elected by general election every other year for a term of four years.
Each Delegate may cast a number of votes on each matter of the Assembly equal to the number of
votes received for his or her current election. The number of votes of all Delegates will determine the
majorities of votes required of the Assembly.

Section 3- Qualifications
No person will be a candidate for election as a Delegate from a district of which he is not a resident
at the time of election. No person will be a candidate for election as a Delegate who has not been four
years a resident of the State.
The Assembly will be the judge of general elections and the qualifications of Delegates and of the
Governor.

Section 4- Convention
The Assembly will be a continuous body. The Assembly will meet annually as provided by law. The
Assembly may be convened at other times by the Governor, or by the majority of votes of the Assembly.

Sec 5 – Regulation
The Assembly will regulate itself and may constrain the attendance of Delegates. The Assembly
may remove a Delegate with the assent of a two thirds majority of votes.
 The Assembly will elect a Delegate as chair whenever it is convened. A majority of votes will
constitute a quorum, but a lesser number may be empowered to constrain the attendance of absent
Delegates, as prescribed by law. Any matter of the Assembly may be called for consideration, or for a
vote, by a majority of votes.
For any speech or debate in the Assembly, Delegates may not be questioned in any other place.

Section 6- Bills
No law will be enacted except by bill. Every matter for which the consent of the Assembly may be
required (except adjournment) will be exercised by bill. Every bill except for bills of appropriations and
bills for the revision of existing laws will be confined to a single subject. Bills of appropriations will be
confined to the subject of appropriations.
Bills of the Assembly will be presented to the Governor, which he or she will either enact entire or
return for further consideration. No bill presented with the assent of two thirds majority of votes will be
returned. Any bill of the Assembly not returned within fifteen days is enacted. The Assembly will present
no private bill.
Bills of the Cabinet will be confined to the subject of a single Department. Bills of the Cabinet will
be presented by the Cabinet Officer of the subject Department by and with the advice and consent of the
Governor to the Assembly, which it will either enact entire or return for further consideration. Any bill of
the Cabinet not enacted within thirty days is returned. Bills of the Cabinet may be revoked by the
Assembly.
No bill will be enacted without the assent of the majority of votes of the Assembly, and the
Delegates assenting will be recorded and published. The Assembly will provide for the publication of all
acts, and no act will become law until published.

Section 7- Legislative Immunity & Oversight

The Assembly will oversee State and local government.
The Assembly may remove any person from an office of the State with the assent of a two thirds
majority of votes.

Section 8 – Law
The Assembly will make laws as shall be necessary and proper for the interest and welfare of the
State.

Section 9- Local Government

The Assembly will establish and regulate local governments. The Assembly may provide for
chartering of local governments and for contracts with local governments by general law.

Section 10- Tax & Revenue

The Assembly will have the power to levy taxes and fees. Agencies of the United States and the
State will be exempt from tax. Anything exclusively for religious purposes will be exempt from tax.
Interest on State and local government bonds will be exempt from tax.
All revenue of the State government, and the offices thereof, will be received into the General Fund.

Section 11- Taxation

This section will be effective two years following the first election of Delegates.
This section is not complete, and I don’t think I have the expertise (being only an economics minor)
to really come up with a solution. However, I think reliance on a broad base tax system should be raised
to a constitutional level while leaving other significant areas open to adjustment. Also, the tax system
could be reformed fundamentally such as move to consumption taxes (such as a Bradford X-tax) thereby
replacing the individual income, corporate income, payroll, and SUT taxes with a broad base
VAT/individual consumption tax.

Section 12- Appropriation

The Assembly may make appropriations from the General Fund.
Appropriations may be made from the General Fund to a Department. Appropriations may be made
from the General Fund requisite for holding elections, for the function of the courts and the offices of the
constitution, and for the armed forces of the State.
Officers of the constitution will receive an annual salary payable from the General Fund as
prescribed by law. No law varying the compensation of Delegates, Judges or of Governor will take effect
until an election of Delegates intervenes.
 The Assembly may not otherwise appropriate funds. No appropriation will be made from the
General Fund except by law.

Section 13- Districting

Districts for the election of Delegates will be determined by the Assembly following the United
States census. All districts will be contiguous. At the time of districting, no district will comprise more
than one hundredth as many people as any other district. At the time of districting, the combined straight-
line distance between the population-weighted center of districts and the people within them will not
exceed the lowest calculated solution by more than one percent.

ARTICLE III

Section 1- Executive Powers

The supreme executive power of the State will be vested in the office of Governor.

Section 2- Election
The Governor will be elected by general election for a term of two years. The candidate receiving
the greatest number of votes for the office is elected Governor. Primaries for the election of Governor will
be open to all voters of the State.
The Governor will appoint a Lieutenant Governor by and with the advice and consent of the
Assembly. If the Governor is permanently incapacitated or removed from office, the Lieutenant Governor
will assume the office of Governor for the remainder of the current term of office. If the office of Governor
is otherwise vacant, the Assembly will appoint a person to assume the office of Governor for the remainder
of the current term of office.

Section 3- Qualifications
No person will be a candidate for election as Governor or appointment as Lieutenant Governor who
has not been eight years a resident of the State and is not a resident of the State at the time of election.

Section 4- Powers
The Governor will represent the State to the other states and to the United States.
The Governor will, from time to time, inform the Assembly of the condition of the State.
The Governor may direct the full resources of the State in times of invasion, rebellion or natural
disaster if required for the public safety. The Assembly will limit this power by law.
The Governor has the power to issue pardons, commutations and reprieves, and remit fines and
forfeitures. This power does not extend to removal from offices of the State. The Assembly may overrule
an exercise of this power as partial by a two thirds majority of votes.
The Governor is Commander-in-Chief of the armed forces of the State, unless superseded by the
President of the United States. The armed forces may not be used as posse comitatus, except during
natural disaster and as prescribed by law.

ARTICLE IV

Section 1-
Delegated powers of the State will be vested in the offices of the Cabinet.

Section 2- The Cabinet

The Assembly will establish no more than twelve Departments.
The Governor will appoint the chief officer of each Department by and with the advice and consent
of the Assembly. The Cabinet will be composed of the chief officers of the Departments. Cabinet Officers
will be appointed for a term of two years. A Cabinet Officer of a Department will have the power to
exercise the full powers vested in the Department by law.

Section 3- Removal
The Governor may require the opinion, in writing, of any Cabinet Officer on any subject of their
office.
The Governor may, by appropriate action or proceeding brought in the name of the State, enforce
compliance with the law, or restrain violation of any constitutional or legislative power, right or duty by a
Cabinet Officer.
 The Assembly may assert no confidence in a Cabinet Officer, for confirmation by the Governor. A
Cabinet Officer confirmed of no confidence is removed from office. Any Cabinet Officer who becomes a
candidate for elective office will thereby resign his office.

Section 4- Legislative Powers

A Cabinet Officer of a Department will present bills to organize the Department into various
agencies and assign to each the various functions, services and responsibilities of the Department. A
Cabinet Officer of a Department will present bills to provide for the internal regulation of the Department.
A Cabinet Officer of a Department will present bills of appropriation from a Department, to
prescribe the continued appropriations of a Department or to prescribe the continued actions of a
Department. The Assembly will present no bill mandating or prescribing the appropriations of a
Department.

Section 5- Executive Powers

The Assembly will invest Departments with executive and administrative powers. The Assembly
may limit or remove powers invested in a Department by the Assembly.

Section 6- Appointments
The Cabinet Officer of a Department will appoint the principal officers of the Department by and
with the advice and consent of the Assembly.
The Cabinet Officer of a Department may, by appropriate action or proceeding brought in the name
of the State, enforce compliance with any law, or restrain violation of any constitutional or legislative
power, right or duty by an officer or agency of the Department.

Section 6 – Limits
Private property will not be taken for public use or public real property conveyed to a private party,
except by and with the advice and consent of the Assembly. No Department will offer compensation to
any party, levy taxes or fees, or derive any source of revenue except by law. No Department will enter
into any contract or obligation with the full faith and credit of the State, except by power invested by the
Assembly.

Section 7- Department of Finance

One Department will be established as the Department of Finance. The Department of Finance will
ensure the accurate and practicable assessment and receipt of the revenue of the State. The Department
of Finance will audit State and local government finances.

Section 8- Fiscal Commission

The Fiscal Commission will be composed of nine Commissioners. The Governor will appoint
Commissioners by and with advice and consent of the Assembly for a term of eight years.
The Fiscal Commission may make appropriations from the General Fund for the payment or
purchase of debts of the State. The Fiscal Board may issue debt with the full faith and credit of the State
by and with the consent of the Assembly.
The State or any office thereof may not otherwise issue debt.

ARTICLE V

Section 1- Judicial Powers

The judicial powers of the State will be vested in a unified judicial system composed of one
Supreme Court and such inferior courts as the Assembly will establish. The Assembly may establish
judicial districts of the State.

Section 2- Appointment
The Governor will appoint Judges to the Supreme Court and to inferior courts by and with the advice
and consent of the Assembly. Judges are appointed for a term of six years. The Supreme Court will be
composed of not more than nine persons.

Section 3- Supreme Court

The Supreme Court will regulate itself and may constrain the attendance of its members. The
Supreme Court will be the court of general review and has appellate jurisdiction over inferior courts. The
Supreme Court will have the power of judicial review.
Section 4- Reception
The common law, so far as it is not inconsistent with the laws and constitution of the State or the
United States, or the institutions and condition of the State, will be the rule of all decisions of the courts.

ARTICLE VI

Section 1- Freedom of Religion, Speech, and Assembly & Travel

The right of the People to practice religion freely will not be infringed. No law with respect or
preference to an establishment of religion will be enacted.
The right of the People to speak or write freely and to petition their government will not be
infringed. No law abridging the freedom or confidentiality of the press will be enacted.
The right of the People to travel and to assemble peacefully and freely will not be infringed.

Section 2- Equality
No person will be deprived the equal protection of the law, or subject to discrimination under the
law by arbitrary or prejudged class.

Section 3- Education
The State will provide free public education open to all of age.

Section 4- Privacy
The right of the People to private liberty will not be infringed.
The right of the People to be secure in their persons, privacy, residence and property against
search or seizure without reason, restraint and probable cause will not be violated. All searches and
seizure will be limited to the appropriate persons and places to be searched or seized and will be
conducted with court warrant whenever practicable.

Section 5- Due Process

No person will be deprived of life, liberty or property without due process of law.
Private property will not be taken for public use without just compensation or for conveyance to a
private party. No law will be enacted impairing the obligation of contract. The State will honor its full
faith and credit.
No bill of attainder or ex post facto law will be enacted.

Section 6- Arrest
Habeas corpus will not be denied. No person will be held under arrest without being informed of
their rights, the charges against them and the nature of their offense. No person will be held under arrest
without recourse to a public and speedy trial, or without the assistance of counsel.
Persons will be bailable on sufficient sureties, and excessive bail will not be required.

Section 7- Fair Trial

No person will be convicted until proven guilty beyond reasonable doubt, or placed twice in
jeopardy for the same offense. No person will be convicted of a felony or other infamous crime except by
unanimous judgment of an impartial jury.
No person will be tried without being confronted with the witnesses and evidence against them, or
without opportunity to provide or subpoena evidence or witnesses in their defense. No person may be
tried with evidence obtained in violation of his or her rights.
No person will be compelled to be witness against him or herself in a criminal case.

Section 8- Punishment
Excessive fines or penalties will not be imposed, nor cruel or unusual punishment inflicted. No law
requiring excessive sentence by the courts will be enacted. No sentence will be determined except by or
with the consent of the courts.

Section 9- Victims Rights

Crime victims will not be deprived the right to be heard at the sentencing or the formal
consideration of release of the accused. Crime victims will not be deprived the right, on request, to be
informed of the release or escape of the accused.

Section 10- Mental Health

 No person will be considered mentally incompetent except with medical opinion. No person
mentally incompetent will be held without an advocate of their interest, or without appropriate care and
treatment.

Section 11- Slavery

Slavery is prohibited. Forced service is prohibited, except to punish a crime.
Civilian internment is prohibited.

Section 12- Enumeration

The enumeration of certain rights does not deny or disparage others reserved to the People.
Let it be remembered that justice should precede law, and not law, justice.

ARTICLE VII

The Assembly may propose amendments to this constitution to the People by a two thirds majority
of votes. The People may provisionally enact proposed amendments to the constitution by a two thirds
majority of votes cast at the next general election. At the following general election, amendments enacted
will either be confirmed by the People by a two thirds majority of votes, or removed.