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The CONSTITUTIONS of CALIFORNIA and the UNITED STATES with Related Documents

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The CONSTITUTIONS of CALIFORNIA and the UNITED STATES with Related Documents The CONSTITUTIONS of CALIFORNIA and THE UNITED STATES with Related Documents 2017–18 Edition Cover: Spring Flowers (Poppies and Lupine, Goleta Point), n.d. John Marshall Gamble Crocker Art Museum, Melza and Ted Barr Collection, 2008.102 CONSTITUTION OF THE UNITED STATES CONSTITUTION OF THE STATE OF CALIFORNIA, 1879 As Last Amended November 8, 2016 and Related Documents 2017–18 CALIFORNIA STATE LEGISLATURE LT. GOVERNOR GAVIN NEWSOM HON. ANTHONY RENDON President of the Senate Speaker of the Assembly HON. KEVIN DE LEÓN HON. KEVIN MULLIN President pro Tempore of the Senate Speaker pro Tempore JEAN FULLER HON. CHAD MAYES Minority Floor Leader Republican Leader DANIEL ALVAREZ E. DOTSON WILSON Secretary of the Senate Chief Clerk of the Assembly THE STATE FLAG The Bear Flag was designated California’s State Flag by legislative enactment in 1911. It is patterned after the historic flag flown at Sonoma on June 14, 1846, by a group of American settlers in revolt against Mexican rule in California. This short-lived revolution ended on July 9, 1846. The general design and details of the Bear Flag are set forth in Section 420 of the Government Code. FOREWORD The California Legislature is privileged to present this compilation of historic documents. Taken together, these compacts, treaties, and charters embody the ongoing evolution of our core principles of representative democracy. It is important to note that our state Constitution is a living document. It has been amended over 500 times since its adoption in 1879. Some recent amendments have included a change to California’s Term Limits law through the passage of Proposition 28 (2012), the California Legislature Transparency Act enacted by Proposition 54 (2016) enhances public access to the legislative process, and with the adoption of Proposition 25 (2010), the vote threshold to pass the state budget is now a majority vote. One hundred and sixty-eight years since its inception, the Golden State continues to be a leader throughout the nation and the world. Innovative public policy is often crafted, analyzed, and debated by the Legislature with the collective input of the electorate. This sense of progress and purpose can also be found in the documents featured in this publication, as our nation and state continue to strive for a more perfect union. The framers of our Constitution envisioned a democracy that protected fundamental “freedoms” and “rights.” Over time, these freedoms and rights have evolved to embrace a more diverse and inclusive society. Our state Constitution provides such a framework. It is in that spirit of freedom the California Legislature presents these important documents, which shape our collective philosophy and the vision for a government of the people. DANIEL ALVAREZ Secretary of the Senate E. DOTSON WILSON Chief Clerk of the Assembly March 2017 i The design for the Great Seal of the State of California was adopted at the Constitutional Convention in 1849. Thirty-one stars are displayed, one for each state which comprised the Union following the admission of California September 9, 1850. Beneath these stars appears the motto, Eureka (in Greek, ‘‘I have found it!’’). The peaks of the Sierra Nevada stand for the grandeur of nature. Shipping on San Francisco Bay typifies commerce. A miner laboring with pick, rocker, and pan represents industry. Agricultural wealth is seen in a sheaf of wheat and clusters of grapes. Keeping watch over this tableau is the armored figure of Minerva who, in classical Roman mythology, was the goddess of wisdom. Like the political birth of California, she was born full grown from the brain of Jupiter, father of the gods and guardian of law and order. At her feet stands a grizzly bear, independent and formidable, symbolizing the State of California. iii THE SEAL OF THE SENATE The Senate Seal is circular in shape, and the border bears the phrase ‘‘Seal of the Senate of the State of California.’’ The center features a quill pen placed diagonally across an open scroll. On the top of the scroll is inscribed ‘‘LEGIS’’ (law) and the Roman numerals MDCCCL, designating 1850, the year California was admitted to the Union. Surrounding the pen and scroll is a cluster of California live oak leaves and acorns. The Senate adopted the seal in 1967. iv Senator Kevin de León President pro Tempore Senator William W. Monning Senator Jean Fuller Majority Floor Leader Minority Floor Leader THE SENATE RULES COMMITTEE From left to right: Senator Anthony Cannella (Vice Chair), Toni Atkins, Kevin de León (Chair), Connie Leyva, Tom Berryhill Published March 2017 v THE ASSEMBLY SEAL The Seal of the Assembly of the State of California was proposed by the Honorable Leo J. Ryan, Assemblyman from the 27th District in San Mateo County, and adopted by the full Assembly in 1967. The official state colors, blue and gold, were used as a background. The ‘‘Golden Poppy,’’ the State flower, and the California Grizzly Bear, which are traditional emblems of California, also appear on the Assembly Seal. The gavel in the upper left- hand corner and the Corinthian column in the lower right-hand corner are symbolic of the legislative power of the state. The palm tree and the mountains are representative of the southern and northern parts of our state, respectively. The motto of the California State Assembly is emblazoned on the Seal, ‘‘LEGISLATORUM EST JUSTAS LEGES CONDERE’’ and indicates ‘‘It is the duty of the Legislature to make just laws.’’ vi Anthony Rendon Chad Mayes Speaker of the Assembly Republican Leader ASSEMBLY RULES COMMITTEE—2017 From left to right: Assembly Members A. Nazarian; M. Levine; T. Grayson; L. Friedman; S. Cervantes; M. Berman; Chief Clerk E.D. Wilson; Secretary N. Willis; Chair K. Cooley; Chief Administrative Officer D. Gravert; Sergeant at Arms B. Gustafson; Vice Chair J. Cunningham; W. Brough; P. Chen; M. Waldron; and V. Fong Published March 2017 vii CONTENTS Page Magna Carta ........................................................................................ 3 Mayflower Compact ............................................................................ 13 Declaration of Rights of 1765 ............................................................. 14 Declaration of Rights of 1774 ............................................................. 16 Declaration of Independence .............................................................. 20 Articles of Confederation of 1778 ...................................................... 24 Constitution of the United States ........................................................ 33 Amendments ................................................................................... 54 Index to United States Constitution ................................................ 65 Treaty of Guadalupe Hidalgo .............................................................. 75 Act for the Admission of California Into the Union ........................... 91 Constitutional History of California ................................................... 95 The California Constitution Revision Commission ............................ 131 Constitution of the State of California—1879 .................................... 147 Constitutional Amendments Approved at Statewide Elections June 2016–November 2016 ............................................................ 149 Index to California Constitution ......................................................... 351 Appendix ............................................................................................. 431 ix Magna Carta 1215 Mayflower Compact 1620 Declarations of Rights 1765 and 1774 The Declaration of Independence 1776 Articles of Confederation 1778 Magna Carta—1215 THE GREAT CHARTER OF ENGLISH LIBERTY, GRANTED BY KING JOHN AT RUNNYMEDE, JUNE 15, A. D. 1215 (From “Select Historical Documents of the Middle Ages,” as translated from “Stubb’s Charters” by Ernest F. Henderson.) John, by the grace of God king of England, lord of Ireland, duke of Nor- mandy and Aquitaine, count of Anjou: to the archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, prevosts, serving men, and to all his bailiffs and faithful subjects, greeting. Know that we, by the will of God and for the safety of our soul, and of the souls of all our predecessors and our heirs, to the honour of God and for the exalting of the holy church and the bettering of our realm: by the counsel of our venerable fathers Stephen archbishop of Canterbury, primate of all England and cardinal of the holy Roman church; of Henry archbishop of Dublin; of the bishops William of London, Peter of Winchester, Jocelin of Bath and Glastonbury, Hugo of Lincoln, Walter of Worcester, William of Coventry and Benedict of Rochester; of master Pandulf, subdeacon and of the household of the lord pope; of brother Aymeric, master of the knights of the Temple in Eng- land; and of the noble men, William Marshall earl of Pembroke, William earl of Salisbury, William earl of Warren, William earl of Arundel, Alan de Galway constable of Scotland, Warin son of Gerold, Peter son of Herbert, Hubert de Burgh seneschal of Poictiers, Hugo de Neville, Matthew son of Herbert, Thomas Basset, Alan Basset, Philip d’Aubigni, Robert de Rop- pelay, John Marshall, John son of Hugo, and others of our faithful sub- jects: 1. First of all have granted to God, and, for us and for our heirs forever, have confirmed, by this our present charter, that the English church shall be free and shall have its rights intact and its liberties uninfringed upon. And thus
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