California Constitution – California Globe

Ex Post Facto Clause in California

November 1, 2026 8:02 amNovember 1, 2026 8:02 am

Under the both the federal and California Constitutions, there are prohibitions on ex post facto laws. As a result, the Legislature cannot pass an ex post facto law, which means they cannot retroactively make an action a crime that was...

Legal Grounds for a California Statute Being Struck Down

October 29, 2026 6:26 amOctober 29, 2026 6:28 am

Why might a statute in California be declared unconstitutional by state or federal courts? There are several key legal reasons which are rooted in both the U.S. Constitution and the California Constitution. What are some of the common legal grounds...

Can California’s Prop 40 Apply to Non-Billionaires?

October 27, 2026 4:00 pmOctober 27, 2026 4:01 pm

Some have claimed that Prop. 40 – the so-called “billionaire’s tax” or “wealth tax” – will allow the Legislature to apply the 5% tax to non-billionaires. Is that possible? This is a case of statutory interpretation of a proposal before...

Courts Evaluating Legislature Amending Ballot Initiatives

October 22, 2026 7:12 amOctober 22, 2026 7:12 am

On occasion, the California courts are required to evaluate the Legislature’s authority to amend voter-approved initiatives. The default rule, of course, is found in the California Constitution, in Article II, Section 10(c). The Legislature cannot amend a voter-approved initiative unless...

Some Suggestions for Those New to the California Constitution

October 18, 2026 2:30 amOctober 18, 2026 2:31 am

The following are suggestions for new students of the California Constitution where I emphasize understanding its massive scale, its structural intersection with state statutes, and how direct democracy shapes it. My core advice can be found in three major areas:...

Considering Legislative Statements with Unambiguous Statutes

October 12, 2026 2:00 pmOctober 12, 2026 2:01 pm

As a general rule, California courts only consider extrinsic evidence (such as committee or floor analyses) when a statute is ambiguous. In other words, if a statute is clear, then the plain meaning of the language controls and there is...

Commentary on Federal Constitutional Judicial Branch Provisions

October 10, 2026 8:23 amOctober 10, 2026 8:23 am

California’s state government, with its three branches, is based upon the federal government and its three separate, but co-equal branches. Both the United States and California Constitutions set forth these three branches of government. The following provides commentary regarding the...