Home>Articles>Calif. Assembly: Constitutional Amendment to Cut Off Public From Legislative Process During Emergencies

California State Assembly. (Photo: Kevin Sanders for California Globe)

Calif. Assembly: Constitutional Amendment to Cut Off Public From Legislative Process During Emergencies

Are lawmakers jealous of Gov. Newsom’s unchecked emergency powers?

By Katy Grimes, June 1, 2020 2:05 am

ACA 25 puts the U.S. Constitution in a lockbox. 


Critical of Governor Gavin Newsom’s unchecked emergency powers during his declared State of Emergency and statewide lockdown, ostensibly for coronavirus, California Assembly members have authored a Constitutional Amendment to allow the California Legislature to also work in secrecy during any declared state of emergency – any kind of a state of emergency could be named.

Wildfires, mudslides, another virus – any excuse would be used to suspend the Constitution, and work in secret.

Assembly Constitutional Amendment 25 by Assemblyman Kevin Mullin (D-South San Francisco), was introduced recently to allow remote attendance and proxy voting at legislative proceedings during declared states of emergency.

Assemblyman Kevin Mullin. (Photo: Kevin Sanders for California Globe)

“ACA 25, if adopted by the voters in November, would permit state legislators to remotely attend and vote in any official legislative proceedings, or even to vote by proxy if either the Assembly or the Senate adopts a rule to permit proxy voting,” California Globe contributor Chris Micheli reported. “Remote attendance and voting could occur during the pendency of a state-declared or a federally-declared state of emergency.”

It is surprising lawmakers are taking this approach after all of their handwringing over the governor’s unchecked powers and decision-making in secrecy during the current state of emergency. Gov. Newsom has issued more than 40 executive orders, and unilaterally changing 200 laws spanning most sections of the California code,” Assemblymen Kevin Kiley (R-Rocklin) and James Gallagher (R-Yuba City) explained recently.

Questions need to be asked of these lawmakers who signed on to this legislation:

  • What do you contemplate doing in secret?
  • Are you planning on doing the bidding of your special interest groups?
  • Why would anyone want a piece of legislation crafted and passed in secrecy?

This would cut everyone off from the legislative process: lobbyists and the public. Only chosen special interests would have access. Lawmakers would not have to take calls from anyone they would rather not hear from.

The bill language says:

This measure would permit Members to remotely attend and vote in a legislative proceeding, or to vote by proxy in a legislative proceeding if permitted by their house, during the pendency of a state of emergency declared by the Governor or the President of the United States, under specified conditions. The measure would provide, among other conditions, that a Member attending remotely would be included in the determination of a quorum.

This is more than a power grab, and employing the coronavirus “pandemic” does not justify this.

This is perhaps even more ironic given that the California Legislature has largely abdicated their authority and oversight of state agencies.

Agencies like the California Air Resources Board, the California Agricultural Labor Relations Board, the California Coastal Commission, and CalEPA are just a few of the rogue state agencies operating without any legislative oversight.

ACA 25 will be heard in the Assembly Rules Committee Wednesday. Members of the public can still Listen to this hearing or attend in person. Chris Micheli reminds us: “Constitutional amendments proposed by the Legislature require a 2/3 majority vote for passage in each house, but they are not presented to the Governor for signature.”

Notably, it is curious why Assembly Republican Leader Marie Waldron would sign on to this legislation as an author, why Republican Jordan Cunningham would, or any of the moderate Democrats including Assembly Rules Committee Chairman Ken Cooley.

Where is the pressure for this Constitutional Amendment coming from?

ACA 25 was Introduced by Assembly Members Mullin, Ting, Cooley, and Waldron
(Principal coauthors: Assembly Members Bonta, Chiu, Gipson, and Low)
(Coauthors: Assembly Members Aguiar-Curry, Berman, Bloom, Cunningham, Daly, Eggman, Kalra, Levine, Nazarian, Quirk, Quirk-Silva, Reyes, Luz Rivas, Blanca Rubio, Smith, and Wicks)

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21 thoughts on “Calif. Assembly: Constitutional Amendment to Cut Off Public From Legislative Process During Emergencies

  1. Gee, somehow I had a feeling that the radicals in the legislature weren’t really feeling CRITICAL of Gruesome’s endless dictatorial powers, but only wanted some more of that yummy tyrannical stuff for themselves, too.

    While it’s not a surprise to see the names of usual characters appear on this unacceptable piece of legislation, what the heck IS the explanation for Repubs like Jordan Cunningham and Marie Waldron to show up as authors of it? I think we would all love to know the answer, or at least hear some speculation about it, because how could anything less than compromising photos influence them to put their names on something like this? Especially now, during this frustrating and ridiculous time in California, when I’m guessing they, and the minority of other reasonable legislators, have more support than ever. Does anyone know?

    Thank goodness at any rate for 2/3 requirement for passage, and that we will be able to vote on it in November. Meanwhile we will work and hope and pray for the chance at a “clean enough” election at that time. Even if it’s a long shot with the usual creeps afoot.

    1. Remember, when it says it needs to pass with a 2/3 vote, it’s only the two thirds that actually come out to vote for the initiative so far only a hundred people come out oh, it just needs 75 people to make it pass. Who might have millions of people in the state that will be against it, but if they don’t vote against it oh, it could pass just like the crazy laws that passed a few years ago about letting prisoners go and making almost every crime a ticketable offense

    2. Well said.
      So how about it South San Francisco /San Mateo county voters is it time for a change?
      Another union backed guy, just doing the work of the people.
      Here is his campaign site.

      1. Well, it sure looks like Asm Mullin is fully on board with all the ridiculous agenda items that have been and still are a huge problem in California.
        Very best of luck in November to his challenger, Mark Gilham, who clearly has the stamina and the commitment needed to go up against this guy. It will be interesting to see what happens in this race, especially in light of all of the recent upheaval and drama in this state.

    1. I’m sure Aunt Nancy would like her state of California to follow what she is pushing for on the national level.

  2. “Democracy will soon degenerate into an anarchy; such an anarchy that every man will do what is right in his own eyes and no man’s life or property or reputation or liberty will be secure, and every one of these will soon mould itself into a system of subordination of all the moral virtues and intellectual abilities, all the powers of wealth, beauty, wit, and science, to the wanton pleasures, the capricious will, and the execrable cruelty of one or a very few.”
    – John Adams, An Essay on Man’s Lust for Power (1763)

    1. Thank You for sharing that John.
      Perhaps true history could be taught in our schools today.
      One can dream!

  3. The first resort of cowards is to cut off public input to self government. I hope the rioters descend on Sacramento next and leave the place a smoking ruin.

  4. I believe any excuses to discount the people and the California constitution or the us constitution should be treated as treason no one or no reason is above the rights of the people and no law should be made that is not applicable to anyone no matter status or stature

  5. Where are all (or any) constitutional lawyers/law firms during all this (most recent) “power grab mess”, either local, state, or national? I haven’t heard a peep out of any of them, personally…..anyone else?

    1. Tom Fitton w/ Judicial Watch are the only ones working to fight against all the illegal moves the states are making. Check their website and you see how many lawsuits they have in place already and constantly working on. If everyone can support as much as you can. At least sign up for the email and you’ll be shocked at all the corruption they are fighting for us.

  6. California is screwed. The voters get everything they deserve for keep voting these jackasses into office. Then you cant understand how your liberties keep dwindling.

  7. I am not even sure if the people are actually voting these dirtbags in. If you look on the voter pamphlet when Gavin Newsom got voted in he did not even have a mission statement. Who is going to vote for a candidate when they do not even disclose to the public what their priorities are? I think it was a set up because I know many Democrats that were not going to vote for him. Please check out the new movement for California that will end this mono party system. They are following the constitution to split the state. Like Virginia did many years ago.

  8. The Supreme Court will toss it out in a second, thanks to Donald Trump appointments to the Court.

  9. who else feels like i do? Once Newsom has drained everything from this state he is going move on to another state another position in politics. Recall him now recallgavin2020.com the new petition is out today is day 3 and it’s moving we can do it 2 mil signatures we have 40 million in this state sign and send in

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