California State Capitol. (Photo: Kevin Sanders for California Globe)
What Is the Residence of Sovereignty?
This also comes into play in bill drafting in this state
By Chris Micheli, July 20, 2023 3:00 am
In Government Code Title 1, Division 1, Chapter 1, Article 1, there is the residence of sovereignty, which was enacted in 1943 by Chapter 134. What is the “residence of sovereignty”?
Government Code Section 100(a) specifies that “the sovereignty of the state resides in the people thereof, and all writs and processes shall issue in their name.” In addition, Section 100(b) provides that “the style of all process shall be “The People of the State of California,” and all prosecutions shall be conducted in their name and by their authority.” This is why public prosecutors, such as district attorneys, announce to the court, “For the People, I am ___.”
This also comes into play in bill drafting in this state. Pursuant to Government Code Section 9501.5, every bill requires an enacting clause, and the enacting clause of every law shall be “The people of the State of California do enact as follows:”.
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