Chris Micheli – Page 386 – California Globe

Limits on Certain Types of California Legislative Measures

December 29, 2021 6:54 amDecember 29, 2021 7:08 am

Article IV, Section 8.5 was added to the California Constitution by Proposition 219, the “Uniform Application of Ballot Measures Amendment,” at the June 1998 statewide primary election, to require ballot measures, initiatives, referrals, and local measures, to apply uniformly to...

The California Governor’s ‘Supreme Executive Power’

December 28, 2021 2:45 pmDecember 28, 2021 3:11 pm

Article V, Section 1 of the California Constitution provides: “The supreme executive power of this State is vested in the Governor. The Governor shall see that the law is faithfully executed.” What is the “supreme executive power”? The term “supreme...

The California Governor’s Pardon Power

December 28, 2021 9:45 amDecember 28, 2021 9:54 am

Both the U.S. President and California’s Governor have the power to pardon. The President’s pardon power is contained in Article II, Section 2, Clause 1 of the U.S. Constitution, which provides that “The President … shall have Power to grant...

What Is the Order of Precedence When a Vacancy Occurs in the Office of the Governor?

December 27, 2021 3:30 pmDecember 27, 2021 3:20 pm

In California’s Constitution, Article V, Section 10, the Lieutenant Governor becomes Governor when a vacancy occurs in the office of the Governor. In addition, the Lt. Governor acts as the Governor in these specified instances: Impeachment Absence from the State...

Filling a Constitutional Office Vacancy in California

December 27, 2021 1:10 pmDecember 27, 2021 1:19 pm

California’s Constitution, in Article V, Section 5, provides for filling a vacancy in a constitutional office. There are nine constitutional offices in California: Governor, Lieutenant Governor, Attorney General, Board of Equalization Members, Controller, Insurance Commissioner, Secretary of State, Superintendent of...

Does a ‘Continuous Appropriation’ Violate the Principle that one Legislature Cannot Bind a Future One?

December 21, 2021 2:19 amDecember 20, 2021 8:37 pm

According to the Senate Budget and Fiscal Review Committee, a continuous appropriation is defined as the “amount available each year under a permanent constitutional or statutory expenditure authorization. A continuous appropriation is not dependent on passage of the budget.” Similarly,...

Drafting California Bond Legislation

December 9, 2021 3:54 pmDecember 9, 2021 4:09 pm

Bills in the California Legislature can enact a bond, but those must go before the electorate before the state’s Treasurer can issue those bonds and go to the financial markets. There is a common misconception that all bond measures are...