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New California State
Governance
a Republican form of government
NEW CALIFORNIA STATE:
The NEW CALIFORNIA STATE is the Legislative and Executive bodies of the New California movement. NEW CALIFORNIA STATE is comprised of Representatives of the Counties of NEW CALIFORNIA STATE with the direct responsibility to establish a governance system for the NEW CALIFORNIA STATE.
There are three co-equal divisions of NEW CALIFORNIA STATE government: Executive, Bicameral Legislature (Senate and Assembly), and Judiciary. New California State Charter (Rev. March 27, 2018) Page 3 of 6
THE STATE:
NEW CALIFORNIA STATE shall create and guarantee a republican form of governance including three co-equal divisions: Bicameral Legislature, Executive, and Judicial system over the COUNTIES of NEW CALIFORNIA STATE as guided by the CONSTITUTION OF THE UNITED STATES OF AMERICA.
THE COUNTY:
The fundamental unit of NEW CALIFORNIA STATE is the COUNTY. COUNTIES in NEW CALIFORNIA STATE will create a REPUBLICAN form of governance in their respective COUNTY.
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HISTORICAL REFERENCE TO CALIFORNIA'S BICAMERAL LEGISLATURE CALIFORNIA'S 2018 SENATE DISTRICTS
NEW CALIFORNIA STATE CONSTITUTION
The final version of the NEW CALIFORNIA STATE CONSITUTION is being finalized and voted on in December. The final draft will be added to the website when completed.
1849
2018
2021
1849-2025
THE COMPACT CONSTITUTION OF CALIFORNIA 1849
Did you know that the 1849 California Constitution is the lawful Constitution and the 1879 Constitution is unlawful? The 1879 Constitution was never ratified by congress, thus keeping the 1849 Constitution in force.
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Section 1All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property: and pursuing and obtaining safety and happiness.
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Section 2All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people; and they have the right to alter or reform the same, whenever the public good may require it.
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Section 3The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waved by the parties, in all civil cases, in the manner to be prescribed by law.
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Section 4The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State: and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.
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Section 5The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.
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Section 6Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained.
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Section 7All persons shall be bailable, by sufficient sureties: unless for capital offences, when the proof is evident or the presumption great.
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Section 8No person shall be held to answer for a capital or otherwise infamous crime, (except in cases of impeachment, and in cases of militia when in actual service, and the land naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny under the regulation of the Legislature) unless on presentment or indictment of a grand jury; and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person shall be subject to be twice put jeopardy for the same offence; nor shall he be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
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Section 9Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions on indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
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Section 10The people shall have the right freely to assemble together, to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.
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Section 11All laws of a general nature shall have a uniform operation.
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Section 12The military shall be subordinate to the civil power. No standing army shall be kept up by this State in time of peace; and in time of war no appropriation for a standing army shall be for a longer time than two years.
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Section 13No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, except in the manner to be prescribed by law.
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Section 14Representation shall be apportioned according to population.
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Section 15No person shall be imprisoned for debt, in any civil action on mesne or final process, unless in cases of fraud; and no person shall be imprisoned for a militia fine in time of peace.
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Section 16No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
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Section 17Foreigners who are, of who may hereafter become bona fide residents if this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens,
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Section 18Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State.
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Section 19The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.
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Section 20Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason, unless the evidence of two witnesses to the same overt act, or confession in open court.
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Section 21This enumeration of rights shall not be construed to impair or deny others retained by the people.
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Section 1Every white male citizen of the United States, and every white male citizen of Mexico, who shall have elected to become a citizen of the United States, under the treaty of peace exchanged and ratified at Queretaro, on the 30th day of May, 1848 of the age of twenty-one years, who shall have been a resident of the State six months next preceding the election, and the county or district in which he claims his vote thirty days, shall be entitled to vote at all elections which are now or hereafter may authorized by law: Provided, nothing herein contained, shall be construed to prevent the Legislature, by a two-thirds concurrent vote, from admitting to the right of suffrage, Indians or the descendants of Indians, in such special cases as such proportion of the legislative body may deem just and proper.
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Section 2Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of the election, during their attendance at such election, going to and returning therefrom.
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Section 3No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger.
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Section 4For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse, or other asylum, at public expense; nor while confined in any public prison.
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Section 5No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector.
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Section 6All elections by the people shall be by ballot.
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Distribution of PowersThe powers of the Government of the State of California shall be divided into three separate departments: the Legislative, the Executive, and Judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
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Section 1The Legislative power of this State shall be vested in a Senate and Assembly, which shall be designated the Legislature of the State of California; and enacting clause of every law shall be as follows: "The people of the State of California, represented in Senate and Assembly, do enact as follows."
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Section 2The sessions of the Legislature shall be annual, and shall commence on the first Monday of January, next ensuing the election of its members, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.
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Section 3The members of the Assembly shall be chosen annually, by the qualified electors of their respective districts, on the Tuesday next after the first Monday in November, unless otherwise ordered by the Legislature, and their term of office shall be one year.
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Section 4Senators and Members of Assembly shall be duly qualified electors in the respective counties and districts which they represent.
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Section 5Senators shall be chosen for the term of two years, at the same time and places as Members if Assembly; and no person shall be a member of the Senate or Assembly, who has not been a citizen and inhabitant of the State one year, and of the country or district for which he shall be chosen six months next before his election.
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Section 6The number of Senators shall not be less than one-third, nor more than one-half, of that of the Members of the Assembly; and at the first session of the Legislature after this Constitution takes effect, the Senators shall be divided by lot as equally as may be, into two classes; the seats of the Senators of the first class shall be vacated at the expiration of the first year, so that one-half shall be chosen annually.
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Section 7When the number of Senators is increased, they shall be apportioned by lot, so as to keep the two classes as nearly equal in number as possible.
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Section 8Each house shall choose its own officers and judge of the qualifications, elections, and returns of its own members.
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Section 9A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner, and under such penalties, as each house may provide.
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Section 10Each house shall determine the rules of its own proceedings, and may, with the concurrence of two thirds of all members elected, expel a member.
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Section 11Each house shall keep a journal of its own proceedings, and publish the same; and the yeas and nays of the members of either house, on any question, shall at the desire of any three members present be entered on the journal.
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Section 12Members of the Legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest, and they shall not be subject to any civil process during the session of the Legislature, nor for fifteen days next before the commencement and after the termination of each session.
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Section 13When vacancies occur in either house, the Governor, or the person exercising the functions of the Governor, shall issue writs of election to fill such vacancies.
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Section 14The doors of each house shall be open, except on such occasions as, in the opinion of the House, may require secrecy.
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Section 15Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.
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Section 16Any bill may originate in either house of the Legislature, and all bills passed by one house may be amended in the other.
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Section 17Every bill which may have passed the Legislature, shall, before it becomes a law, be presented to the Governor. If he approve it, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, which shall enter the same upon the journal, and proceed to reconsider it. If, after such reconsideration, it again pass both houses, by yeas and nays, by a majority of two-thirds of the members of each house present, it shall become a law, notwithstanding the Governor's objections. If any bill shall not be returned within ten days after it shall have been presented to him, (Sunday excepted,) the same shall be a law, in like manner as if he had signed it, unless the Legislature, by adjournment, prevent such return.
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Section 18The Assembly shall have the sole power of impeachment; and all impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation; and no person shall be convicted, without the concurrence of two-thirds of the members present.
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Section 19The Governor, Lieutenant Governor, Secretary of State, Comptroller, Treasurer, Attorney General, Surveyor General, Justices of the Supreme Court and Judges of the District Courts, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honor, trust or profit, under the State; but the party convicted, or acquitted, shall nevertheless, be liable to indictment, trial, and punishment, according to law. All other civil officers shall be tried, for misdemeanors in office, in such manner as the Legislature may provide.
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Section 20No Senator, or member of Assembly, shall during the term for which he shall have been elected, be appointed to any civil office of profit, under this State, which shall have been created, or the emoluments of which shall have been increased, during such term, except such office as may be filled by elections by the people.
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Section 21No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit, under this State: provided, that officers in the militia, to which there is attached no annual salary, or local officers and postmasters whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucrative.
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Section 22No person who shall be convicted of the embezzlement, or defalcation of the public funds of this State, shall ever be eligible to any office of honor, trust, or profit under this State; and the Legislature shall, as soon as practicable, pass a law providing for the punishment of such embezzlement, or defalcation, as a felony.
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Section 23No money shall be drawn from the treasury but in consequence of appropriations made by law. An accurate statement of the receipts and expenditures of the public moneys, shall be attached to and published with the laws at every regular session of the Legislature.
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Section 24The members of the Legislature shall receive for their services, a compensation to be fixed by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the term for which the members of either house shall have been elected.
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Section 25Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title; and no law shall be revised, or amended, by reference to its title; but in such case, the act revised, or section amended shall be re-enacted and published at length.
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Section 26No divorce shall be granted by the Legislature.
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Section 27No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.
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Section 28The enumeration of the inhabitants of this State shall be taken, under the direction of the Legislature, in the year one thousand eight hundred and fifty-two, and one thousand eight hundred and fifty-five, and at the end of every ten years thereafter; and these enumerations, together with the census that may be taken, under the direction of the Congress of the United States, in the year one thousand eight hundred and fifty, and every subsequent ten years, shall serve as the basis of representation in both houses of the Legislature.
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Section 29The number of Senators and members of Assembly, shall, at first session of the Legislature, holden after the enumerations herein provided for are made, be fixed by the Legislature, and apportioned among the several counties and districts to be established by law, according to the number of white inhabitants. The number of members of Assembly shall not be less than twenty four, nor more than thirty- six, until the number of inhabitants within this State, shall amount to one hundred thousand; and after that period, at such ratio that the whole number of members of Assembly shall never be less than thirty, nor more than eighty.
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Section 30When a congressional, senatorial, or assembly district, shall be composed of two or more counties, it shall not be separated by any county belonging to another district; and no county shall be divided, in forming a congressional, senatorial, or assembly district.
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Section 31Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes. All general laws and special acts passed pursuant to this section may be altered from time to time, or repealed.
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Section 32Dues from corporations shall be secured by such individual liability of the corporators, and other means, as may be prescribed by law.
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Section 33The term corporations as used in this article shall be construed to include all associations and joint-stock companies, having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued, in all courts, in like cases as natural persons.
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Section 34The Legislature shall have no power to pass any act granting any charter for banking purposes; but associations may be formed, under general laws, for the deposit of gold and silver, but no such association shall make, issue, or put in circulation, any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money.
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Section 35The Legislature of this State shall prohibit, by law, any person or persons, association, company, or corporation, from exercising the privileges of banking, or creating paper to circulate as money.
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Section 36Each stockholder of a corporation, or joint-stock association, shall be individually and personally liable for his proportion of all its debts and liabilities.
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Section 37It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debts by such municipal corporations.
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Section 38In all elections by the Legislature, the members thereof shall voto viva voce, and the votes shall be entered on the journal.
DECLARATION OF INDEPENDENCE
STATE OF NEW CALIFORNIA
The New California State Declaration of Independence and Affirmation of Allegiance to the United States of America Justification for Formation of the State of New California has been public since January 15, 2018.
NEW CALIFORNIA STATE GOVERNANCE
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