« ПредыдущаяПродолжить »
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.
Sec. 10. The 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.
Sec. 11. All laws of a general nature shall have a uniform operation.
Sec. 12. The 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.
Sec. 13. No 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.
Sec. 14. Representations shall be apportioned according to population.
Sec. 15. No 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.
Sec. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.
Sec. 17. Foreigners who are or who may hereafter become bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property as native-born citizens.
Sec. 18. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this state.
Sec. 19. The 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.
Sec. 20. Treason 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 on the evidence of two witnesses to the same overt act, or confession in open court.
Sec. 21. This enumeration of rights shall not be construed to impair or deny others retained by the people.
Sec. 22. The legislature shall have no power to make an appropriation, for any purpose whatever, for a longer period than two years. (Added by amendment, ratified September 6, 1871.)
RIGHT OF SUFFRAGE. Section 1. Every 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 thirtieth day of May, eighteen hundred and forty-eight, 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 be authorized by law; provided, that 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 a proportion of the legislative body may deem just and proper.
Sec. 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom.
Sec. 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger.
Sec. 4. For 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 at any seminary of learning; nor while kept at any almshouse, or other asylum, at public expense; nor while confined in any public prison.
Sec. 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privilege of an elector.
Sec. 6. All elections by the people shall be by ballot.
DISTRIBUTION OF POWERS. Section 1. The 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.
LEGISLATIVE DEPARTMENT. Section 1. The 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 the 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."
Sec. 2. The sessions of the legislature shall be biennial, and shall commence on the first Monday of December next ensuing the election of its members, unless the governor of the state shall, in the interim, convene the legislature by proclamation. No session shall continue longer than one hundred and twenty days. (Amended 1862. The original provided for annual sessions, beginning on first Monday of January.)
Sec. 3. The members of the assembly shall be chosen biennially, by the qualified electors of their respective districts, on the first Wednesday in September, unless otherwise ordered by the legislature, and their term of office shall be two years. (Amendment ratified September 3, 1862.
3 The original provided for annual elections on the first Tuesday after the first Monday in November.)
Sec. 4. Senators and members of assembly shall be duly qualified electors in the respective counties and districts which they represent.
Sec. 5. Senators shall be chosen for the term of four years, at the same time and places as members of the assembly; and no person shall be a member of the senate or assembly who has not been a citizen and inhabitant of the state and of the county or district for which he shall be chosen one year next before his election. (Amendment ratified September 3, 1862. Original made term of two years, and residence in county or district of six months.)
Sec. 6. The 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 section 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 second year, so that one-half shall be chosen biennially. (Amendment ratified September 3, 1862. Original provided for annual election.)
Sec. 7. When 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.
Sec. 8. Each house shall choose its own officers, and judge of the qualifications, elections, and returns of its own members.
Sec. 9. A 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.
Sec. 10. Each house shall determine the rules of its own proceedings, and may, with the concurrence of two-thirds of all the members elected, expel a member.
Sec. 11. Each 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.
Sec. 12. Members of the legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest, and 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.
Sec. 13. When 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.
Sec. 14. The doors of each house shall be open, except on such occasions as, in the opinion of the house, may require secrecy.
Sec. 15. Neither 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.
Sec. 16. Any bill may originate in either house of the legislature, and all bills passed by one house may be amended in the other.
Sec. 17. Every 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 (Sundays excepted), the