Representatives (continued)-- shall not adjourn for more than three days, nor to any other one fifth of, present may require the yeas and nays. privilege from arrest. Representatives, not to be questioned for speech or debate. not to be appointed to certain offices.. can, whilst serving, hold no office under the United States... Resolution, order, or vote, requiring concurrence of both houses (except liberty of conscience in matters of religion........ Amendment to assemble and petition...... to keep and bear arms....... to be exempt from quartering soldiers in any house in time to be free from answering for a capital or infamous crime, 34 55 5 5 not to be compelled, in criminal cases, to be a witness against 5 not to be deprived of life, liberty, or property without due private property not to be taken for public use without just that the accused, in criminal prosecutions, shall enjoy the Rights, that the enumeration of certain shall not operate to disparage Rules, each house shall determine its own............ Senate of the United States, composed of two Senators from each State how chosen, classified, and terms of service........... qualifications of members...... shall choose their officers, except the President...... shall be judge of election, etc., of its members........ any number may adjourn, and compel the attendance of ab- may determine its rules...... may punish or expel a member shall keep a journal and publish the same......... shall not adjourn for more than three days, nor to any other one fifth of, present, may require the yeas and nays.. their judgments, extent of........ members of, shall receive a compensation to be ascertained by law..... privileged from arrest...................................... Art. Sec. Senate of the United States (continued)- shall not be questioned elsewhere for any speech or debate in shall not be appointed to certain offices....... Senators and Representatives, election of, how prescribed... Senator, shall not be an elector of President..................... ....... .Amendment 13 23 664 1 Slaves. See Persons. Speaker, how chosen....... States, restrictions on powers of......... new, may be admitted into the Union.......... how formed within the jurisdiction of other, or by the junc- Judges of, bound to consider Constitution and laws of United majority of all necessary to the choice of President.......... Taxes, on persons imported, not to exceed ten dollars.... direct, how apportioned..... capitation or direct, shall be laid only in proportion to census Territory, or property of the United States, Congress to make rules Treasury, money drawn from, only by appropriation...... Vacancies, how filled...... in representation in Congress, how filled.. Vessels, to enter, clear, and pay duties in the States in which they arrive, or from which they depart...... Vice President, of the United States, how elected-twelfth amendment, also........ qualifications for-twelfth amendment. shall, in certain cases, discharge the duties of President........ ment.. 4 Witness, in criminal cases, no one compelled to be against himself— fifth amendment........ 5 Vote, all citizens entitled to..... Vote, etc., how passed. See Resolution...... Warrants, for searches, etc., when and how to issue-fourth amend CONSTITUTION OF CALIFORNIA. ADOPTED BY THE CONVENTION, OCTOBER TENTH, EIGHTEEN HUNDRED AND FORTY-NINE; RATIFIED BY THE PEOPLE, NOVEMBER THIRTEENTH, EIGHTEEN HUNDRED AND FORTY-NINE; PROCLAIMED, DECEMBER TWENTIETH, EIGHTEEN HUNDRED AND FORTY-NINE; AND AMENDED, EIGHTEEN HUNDRED AND SIXTY-TWO. PREAMBLE. WE, the People of California, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this Constitution. NOTE. The term "sovereignty" expresses the supreme political authority of an independent State or Nation, and whatever rights are essential to the existence of this authority are sovereign rights-such are the rights to declare war, to make treaties of peace, to levy taxes, to take private property for public use, and the like. In this country sovereignty resides in the people, and its authority is exercised through the Federal and State Governments. To the Federal Government has been delegated certain rights of sovereignty, and the exercise of all other sovereign rights is reserved by the people of the States, or vested by them in their local governments. To say that a State of the Union is sovereign, is but to say that such a State possesses all the rights and powers essential to the existence of an independent political organization, except as they are withdrawn by the provisions of the Federal Constitution.Moore vs. Smaw, and Fremont vs. Flower, 17 Cal., p. 199. At common law the right to the mines of precious 47-VOL. II.-POL. metals was not an incident of sovereignty, but a personal prerogative of the King, which could be alienated at his pleasure. The ownership of the precious metals found in public or private lands stands in no different relation to the sovereignty of a State than any other property which is the subject of barter and sale.-Moore vs. Smaw; Fremont vs. Flower, 17 Cal., p. 199. The State Constitution is not a grant of power nor an enabling Act to the Legislature. It is a limitation on the general powers of a legislative character, and restrains only so far as the restriction, either by express terms or by necessary implication.-Bourland vs. Hildreth, 26 Cal.. p. 183; Smith vs. Judge Twelfth District Court, 17 Cal., p. 547; People vs. Rogers, 13 Cal., p. 159; People vs. Coleman, 4 Cal., p. 46; Hobart vs. Supervi sors of Butte, 17 Cal., p. 30; People vs. Bigler, 5 Cal., p. 23; People vs. Seymour, 16 Cal., p. 332; Bourland vs. Hildreth, 26 Cal., p. 162. The legislative department of our State Government is not like the "Congress of the United States," restricted in its sphere of action by a fixed chart of delegated powers. Its power represents the independent sovereignty of the people of the State, and is supreme and unlimited in all legitimate subject matters of legislation, and controlled only by such restrictions as are imposed by the organic law of the State.-Beals vs. Amador County, 35 Cal., p. 630. As the State Constitution is not a grant of power, an express enumeration of legislative powers is not an exclusion of others not named, unless the enumeration is accompanied by negative terms.-Ex Parte McCarthy, 29 Cal., p. 396. The Constitution is a law, and the judiciary, from the very nature of the powers given it, must construe it.-Nougues vs. Douglass, 7 Cal., p. 65. Courts may declare the action of the Legislature unconstitutional, when that action violates the supreme law; but Courts have no means to avoid the effects of non-action. Myers vs. English, 9 Cal., p. 341. In the exposition of Constitutions as of inferior laws, the solemn, deliberate, and long settled precedents of Courts, and the practice and acquiescence of governments and people, should possess controlling weight.-Ferris vs. Coover, 11 Cal., p. 178. Judicial interpretation of a constitutional provision made near the time of its adoption is strong evidence that the people in adopting it understood and intended it to be as interpreted.— Knowles vs. Yeates, 31 Cal., p. 82. When the convention, in framing the organic law of the State, thought proper to borrow provisions from the Constitutions of other States, which provisions had already received judi |