Frequently Asked Questions about California Constitution Article III

How many sections does Article 3 have? This article contains nine sections:

What does Article 3 relate to? It relates to the State of California.

What is the relationship between California and the country? Section 1 specifies that the State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.

What is the geographic area of the state? Section 2 states that the boundaries of California are those stated in its Constitution of 1849 as modified by statute and that Sacramento is the capital of California.

What is the separation of powers? Section 3 provides that the powers of state government are legislative, executive, and judicial and that persons charged with the exercise of one power may not exercise either of the others, except as permitted by this Constitution.

What is the authority of administrative agencies? Section 3.5 states that an administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power to declare a statute:

• Unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional;
• Unconstitutional; or
• Unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations.

Can state officer salaries be modified? Section 4 provides that salaries of elected state officers may not be reduced during their term of office.

Are lawsuits against California permitted? Section 5 allows suits to be brought against the State in as specified by state statutes.

Is there any official language in the state? Section 6 provides that English is the common language of the people of the United States of America and the State of California. It provides that English is the official language of the State and requires the Legislature to enforce this section by appropriate legislation.

How are state officer salaries and benefits set? Section 8 created the California Citizens Compensation Commission and it must establish the annual salary and the medical, dental, insurance, and other similar benefits of state officers. At or before the end of each fiscal year, the commission must adjust the annual salary of state officers by a resolution adopted by a majority of the membership of the commission.

What happens with surplus state property? Section 9 states that the proceeds from the sale of surplus state property are to be deposited into the Special Fund for Economic Uncertainties, or any successor fund.