California Constitution – Page 16

Who Holds Greater Lawmaking Power: The Legislature or the People?

August 30, 2022 6:28 amAugust 30, 2022 6:33 am

Who holds more lawmaking power in California? Do elected members of the Legislature or the People of the state have greater lawmaking power? California’s Constitution provides the three branches of government, as well as the rights of direct democracy. Article...

Does a Legislative Resolution Prevail Over a Statute?

August 29, 2022 5:10 pmAugust 29, 2022 5:12 pm

The answer is obviously “no.” Or is it? According to the Office of Legislative Counsel, a statute is defined to be an enacted bill, which is chaptered by the Secretary of State. On the other hand, a resolution is used...

Do California’s Legislative Rules Have Constitutional Protection?

August 29, 2022 6:28 amAugust 29, 2022 6:34 am

Some readers have asked whether the Assembly Rules, Senate Rules, and Joint Rules of the Assembly and Senate have equal standing as constitutional provisions because those rules flow from a specific grant of authority. Specifically, Article IV, Section 7(a) provides:...

Oakland Now Also Sued On Noncitizen Voting Measure

August 22, 2022 7:28 amAugust 22, 2022 12:17 pm

In July, San Francisco Superior Court Judge Richard Ulmer overturned a San Francisco law allowing noncitizen parents to vote in local school board elections in Lacy et. al. The judge said the California Constitution permits only citizens to vote,” the San Francisco...

California Wild and Scenic Rivers

August 22, 2022 6:19 amAugust 22, 2022 6:24 am

California has numerous formal acts in statute. Public Resources Code Division 5, Chapter 1.4 provides the California Wild and Scenic Rivers Act, which is contained in Sections 5093.50 to 5093.71. Chapter 1.4 was added in 1982 by Chapter 1259. Section...

Lawsuit Brews Over SF School Board Decision To Close Schools on Two Muslim Holidays

August 19, 2022 11:36 am

A decision earlier this month by the San Francisco School Board to allow two days off this year for two Islamic holy days in April and June faced multiple new legal challenges this week as many parental, religious, and legal...

Can All California Legislative Rules Be Waived?

August 2, 2022 6:25 amAugust 2, 2022 6:37 am

Almost all legislative rules, even some in the state Constitution, can be waived by legislators. Wait – can that be right? Yes, even some constitutional provisions can be waived. Each two-year Session, the Assembly adopts its Assembly Rules, the Senate...