California Constitution Article III - State of California [Sections 1 - 9]
California Constitution – Article III: State of California
[Sections 1 – 9]
Overview:
Article III of the California Constitution outlines the basic structure and principles of state government, including separation of powers, the official state seat, and the rules governing the executive branch, among other foundational elements.
Section-by-Section Summary:
§1. Separation of Powers
The powers of state government are legislative, executive, and judicial.
Persons charged with exercising one power may not exercise either of the others except as permitted by the Constitution.
Establishes the doctrine of separation of powers.
Each branch (legislative, executive, judicial) must operate independently, unless the Constitution allows overlap.
§2. Seat of Government
The seat of government is at Sacramento unless otherwise established by law.
Legally establishes Sacramento as California's capital.
§3. Oath of Office
Public officers and employees must take and subscribe to an oath to support the U.S. and California Constitutions before entering duties.
Reinforces constitutional loyalty as a requirement for office-holding.
§4. State Boundaries
Acknowledges the boundaries of the State of California as established by federal law and the U.S. Constitution.
§5. Use of State Military Forces
The Governor is Commander-in-Chief of the militia and may call it to preserve law and order or execute the law.
Affirms the Governor's authority over the National Guard and state military resources.
§6. Eligibility to Office
No person or organization advocating the overthrow of the U.S. or state government by force or violence may hold public office or employment.
Safeguards the state from insurrectionist influence.
§7. Public Officers' Salaries
The Legislature may prescribe compensation for public officers; salaries cannot be reduced during a term unless allowed by law.
Protects judicial and executive salaries during their terms, ensuring independence.
§8. Agency Reorganization (Governor’s Power)
The Governor may propose reorganizations of executive agencies; subject to legislative review and disapproval.
Provides a method for streamlining or adjusting the executive branch structure with legislative oversight.
§9. English Language
English is the official language of California.
The Legislature must take steps to preserve, enhance, and support its role.
Declares the official language and directs the state to support it, though this section is largely symbolic due to federal and civil rights constraints.
Conclusion:
Article III serves as a foundation for California’s governance, enshrining core principles like:
Separation of powers
Loyalty to the Constitution
Executive authority
Use of state resources
Protection against unconstitutional subversion
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