Can A Parliamentary System Create A More Conservative And Accountable Government In CA? (Vanity)

We, the People of the State Of California, acknowledging our rights come from God, in order to secure them and in order to promote the good government and order of our state, establish a government similar in principle to that of the Canadian Provinces, in this Constitution.

Article 1. The people are free in their persons and property, which can be restricted only insofar as it is necessary for the public safety.

Article 2. Freedom of speech and the press shall be respected subject to the need to deter libel and slander, control the publication and distribution of obscene material, and to allow journalists, except In cases in which a court determines the right to a fair trial supersedes it, to protect the confidentiality of their sources. The Assembly by law shall determine how this respect is to be extended to freedom of speech and the press whilst facilitating the other provisions of this article.

Article 3. Freedom of religion and the right to express religious opinion in the public square shall be respected. Religious beliefs expressed in a public context shall not be inferred as constituting an establishment of religion. The Assembly shall make no law respecting the establishment of a state religion.

Article 4. The people have the right to instruct their representatives in the Assembly, petition them for redress of grievances and to peaceably assemble to promote the public good.

Article 5. Slavery is prohibited. Involuntary servitude may be provided for to punish crime.

Article 6. Californians are equal under the law. No one may be deprived of life, liberty, or property without due process of law. The Assembly may by law establish capital punishment to put to death persons convicted in accordance with law for murder and related offenses against the human person.

Article 7. The Assembly shall not have the power to make a bill of attainder or to pass an ex post facto law.

Article 8. No one shall be detained except to answer for an offense against the law. No one shall be imprisoned for a debt. Habeas corpus may be suspended by a vote of the Assembly only when it is necessary to promote the good government and order of California in circumstances in which the public good may require it.

Article 9. The Assembly shall regulate the question of bail and provide for release on own personal recognizance in situations in which a person does not answer in a court for an offense upon the human person.

Article 10. No search of property or persons or arrest of a person shall be executed save by a warrant issued by a court describing the items or persons to be searched and naming the persons to be arrested. In certain cases a warrant may be executed without prior disclosure at the discretion of the authorities to prevent the destruction of material evidence of a crime or to prevent a person from evading arrest. The Assembly may establish the framework for searches and arrests by law.

Article 11. A person detained in accordance with Article 10 has the right to appear in court, to proclaim his innocence, to secure evidence and witness to testify on his behalf and to exercise his right against self-incrimination in the event he elects not to testify. Torture or maltreatment of a person in custody to elicit a confession or otherwise obtain evidence against him shall be inadmissible. A trial in court shall be open to the public except in cases involving sensitive testimony of a personal nature and to protect witnesses against intimidation. Every person detained shall have the right to legal counsel of their choice, and if a detained person shall turn out to be indigent, to have the court appoint legal representation on his behalf. No one shall be convicted in cases in which death or imprisonment is prescribed as punishment without the benefit of trial by jury. No one shall be placed in double jeopardy for the same offense.

Article 12. Pursuant to Article 11, there shall be due process of law in which a detained person is made to answer in a court of law for a crime.

Article 13. The right to private property and to its enjoyment shall be respected and the public expropriation of private property may be commenced only on the basis in which a public interest cannot otherwise be secured and the only with just compensation thereto. The conditions under which a public expropriation may take place the Assembly shall determine by law.

Article 14. The right of workers to form labor unions and to strike shall be respected and the Assembly however may provide for the prohibition of strikes and order remedies for the settlement of labor disputes in circumstances in which the public safety should require it.

Article 15. The Assembly shall provide a uniform, secret, and equal franchise to all Californians male and female the age of eighteen years and over. A law shall establish the electoral system to elect the Assembly and it shall be similar in principle to that used to elect the German Bundestag.

Article 16. The Assembly shall regulate electoral practices and shall prohibit the exercise of the franchise established pursuant to Article 15 by those found mentally incompetent by a court or those convicted of a crime.

Article 17. California has the initiative, referendum and recall. The initiative is the power of the people to make laws at an election. A referendum is the power of the people to decide whether a law passed by The Assembly shall continue to remain in force. A recall is the power of the people to recall their Member Of Assembly or the entire Assembly before the expiration of term of office. The framework for the exercise Of the above powers the Assembly shall determine by law.

Article 18. The rights listed in this Chapter shall not be meant to derogate from or deny the existence of others retained by the people. The rights mentioned in this Constitution come from God and are retained by the people in their persons regardless of mention or the absence of them in the Constitution, in any law, or in any order of a court.

Article 19. The Assembly by law guarantees the exercise of the rights the people have obtained from their Creator and it provides for their enforcement in the courts. Notwithstanding anything in this Chapter or in this Article, no court in California shall enjoy the power of judicial review. All laws passed by the Assembly shall be deemed to be constitutional and shall continue in force until amended or repealed by the Assembly or by a vote of the people in a referendum.

Article 20. The legislative power to make laws for the good government and order of California is hereby vested in a unicameral body styled the Assembly. The Assembly shall consist of a number of Members elected according to One Member returned from a district and they shall follow the boundaries and numbering of Congressional districts. The lines for the Members elected according to this method shall be fixed by an independent boundary commission established by the Assembly and it shall follow as far as practicable, criteria that set up districts according to territorial compactness, communities of interest, political competitiveness, and to ensure that representation according to population is respected. An equal number of Members of the Assembly shall be elected according to a party list formula in which each political party registered in California shall receive statewide seats in the Assembly in accordance with the popular percentage of the votes received in an election. The details of the electoral system shall be as provided for in Article 15.

Article 21. Members of the Assembly shall have immunities and privileges the Assembly has laid down by law and they shall not be detained for things done and said in the course of official business. The Premier shall at the beginning of every newly elected Assembly when it first meets for business, shall introduce a bill respecting the administration of oaths to assert the Assembly’s right to hold the Government accountable.

Article 22. The Assembly shall have a term of five years unless dissolved sooner either upon resignation of the government or when it reaches the end of its life, by command of the Lieutenant Governor. The Assembly may by law in time of war or other disaster, extend its term of office but for no more than an additional span of five years. Members of the Assembly shall be eligible for reelection indefinitely.

Article 23. The Assembly shall have the power to make laws. There shall be public and private bills. No bill raising funds or providing for the levying of taxes shall be introduced except as a public bill by the appropriate Cabinet minister and no bill that provides an unfunded mandate, that authorizes the establishment of a state income tax, or that obligates the state to spend more than it has received in revenue, shall be introduced in the Assembly. A public bill is a bill that affects the public as a whole in its subject and it may be introduced either by a Cabinet minister or by a Member of the Assembly. Public bills that are introduced by the Government shall have priority consideration on the Assembly’s agenda. A private bill is a bill that provides a benefit to an entity or individual or relieves them of an obligation. A private bill may be introduced either by a Cabinet minister or a Member Of The Assembly.

Article 24. The Assembly shall determine the compensation of its Members and determine the salary of the Lieutenant Governor and other public officials and civil service personnel by law.

Article 25. To become law, a bill must pass three readings in the Assembly, and upon passage in the third reading, must receive the assent of the Lieutenant Governor to become law. The Lieutenant Governor under no circumstances shall refuse to grant assent to a law and a law shall come into force under three stipulations: on a date fixed in the law itself, by an order of the Cabinet In Council, or upon taking effect upon receiving assent. All laws passed shall be published in the California Gazette. The first reading of a bill shall be when it is read before the Assembly; the second reading shall occur when a bill is considered in committee or before the Assembly acting as a Committee Of The Whole and the third reading shall take place when the Assembly debates and votes on passage of the bill. In the second and third reading of a bill, amendments to the bill may be made, provided they are consistent with the principle of the bill. For a bill to pass the Assembly in the third reading, a majority of the Assembly must vote in the affirmative to send it to the Lieutenant Governor for his assent thereto.

Article 26. A bill that has received the assent of the Lieutenant Governor shall be styled an Act Of The Assembly.

Article 27. The Assembly shall meet in regular session at least once a year. If the Cabinet shall deem it expedient, it may be convened in an extraordinary session. All debates and votes that occur in the Assembly shall be published in its Record. The Assembly shall meet in public session; provided that subject to a vote of two thirds of its Members, it may convene in camera to consider subjects of a sensitive nature or where secrecy may be required for the public good. The Assembly shall elect for its entire term, its Speaker and he shall be an impartial presiding officer who shall enforce the Rules Of The Assembly and ensure fair treatment of every Member from the Government to the Opposition. In order to facilitate its work during sessions from making laws to oversight of the Government, the Assembly may establish permanent standing and temporary select committees, chosen in accordance with the proportionate political party standings in the Assembly. Committees may summon witnesses and obtain information pursuant to the Assembly’s function of keeping the Government accountable to it.

Article 28. The political party holding seats less than a majority of the Assembly shall be recognized as the Opposition and the Opposition Leader and Shadow Government shall serve to hold the Government accountable for its policies and actions. The Opposition performs this role by explaining how it is an alternative, by its critique of Government performance, and by its questioning Cabinet ministers during Question Hour. At least one day of every week that the Assembly is in session shall be set aside so ministers can answer questions about what the Government is doing to further the interests of the people, to inform the public in how its measuring up in the work performed, and to give account for their departmental responsibilities. Every Cabinet minister shall jointly defend the collective responsibility of the Cabinet before the Assembly.

Article 29. The Assembly may, by a two-thirds vote, amend this Constitution. All other laws may be amended by an ordinary law of the Assembly. A constitutional amendment must receive a majority of the popular vote at an election before it can become a part of this Constitution.

Article 30. The executive power in California shall consist of the Premier and the Cabinet sitting in the Assembly. The Premier and the Cabinet shall be drawn from the Members Of the Assembly and they shall be responsible before it. The Cabinet shall consist of a number of ministers decided upon by the Premier and they shall serve at his pleasure. No one shall serve as a minister without being a Member of the Assembly beforehand or if the Premier appoints one to the Cabinet who is not a Member Of the Assembly, to prevail upon him to secure a seat in the shortest possible time. Whenever the Assembly is in session, the Cabinet shall sit together on the day it is first convened after an election and ministers shall attend sessions as required in their individual capacities and on the day set aside for Question Hour.

Article 31. The Cabinet shall decide on the policies and actions it plans to take for the public good of California. Once a year, the Lieutenant Governor shall in an Address, outline to the Assembly the Government’s agenda for the year. The Cabinet shall introduce and manage legislation in the Assembly, especially bills dealing with revenue and expenditure, issue and enforce regulations, and to carry out Government policies and make appointments.

Article 32. The Cabinet shall be collectively responsible for the functions entrusted to it pursuant to Article 31 to the Assembly. If there is a question concerning the confidence of the Assembly in the Government, it may ask a vote on a bill be treated as a vote of confidence. In the event the Government has lost this vote, it is deemed to have lost the confidence of the Assembly and it shall resign and the Lieutenant Governor shall either order a writ of dissolution proclaiming a new election or asking the Opposition to form a new Government.

Article 33. There shall be a new election in California once every five years – in accordance with a fixed date established by law. Upon the proclamation of the results of an election in the California Gazette, the Lieutenant Governor shall summon the new Assembly to convene no later than the thirtieth day after the election has been held. The Premier-designate of the political party commanding the support of a majority of the Members of the Assembly shall be asked to form the Government and secure its confirmation in office by winning the confidence of the Assembly.

Article 34. The Cabinet acting as Cabinet in Council may make orders, rules and regulations for the good government and order of California consistent with this Constitution and the laws of the state. At its discretion, the Assembly may as part of its role of keeping the Government accountable, confirm, amend, or repeal any such orders, rules and regulations at its discretion. The Premier shall subject to the direction of the Cabinet, act as Commander In Chief Of California’s territorial militia force.

Article 35. The Assembly shall by law establish the framework for a civil service based on the principle of selection through public merit and which manages the day to day operations of the state’s Cabinet departments, agencies, commissions, and public corporations responsible to the Assembly.

Article 36. The Head Of State in California is a Lieutenant Governor. He shall be elected by the Assembly sitting in electoral college for a term of five years. He shall be eligible for re-election once. The Lieutenant Governor shall be a symbol of the unity of California and shall serve as the Head Of The State.

Article 37. The Lieutenant Governor shall summon and dissolve the Assembly, invite the Premier-designate to form a Government upon the proclamation of the results of the election in the California Gazette, open each session of the Assembly, give assent to all bills, advise, warn and encourage his ministers and act where directed by law with their consent and once a year, outline the agenda of the Government before the Assembly.

Article 38. Subject to the recommendation of the Cabinet, the Lieutenant Governor may grant pardons, commutations, and reprieves. Subject to the same, the Lieutenant Governor may grant honors, awards, and commendations to distinguished Californians for their contributions to the state.

Article 39. The Lieutenant Governor shall preside over the public institutions of higher education and other learned societies in California. He shall extend his patronage, where authorized by law, to bodies of culture and the arts in California.

Article 40. The Lieutenant Governor shall have privileges and immunities accorded to his person as a Head Of State, for the discharge of the functions assigned to him by this Constitution and the law. The Lieutenant Governor shall be removed from office only for cause and then through a process of impeachment that shall necessitate a two-thirds vote of the Assembly.

Article 41. The judicial power California shall consist of a Supreme Court and lesser courts established by the Assembly. The courts shall have no power of judicial review and they shall administer the laws passed by the Assembly. Judges shall be appointed by the Premier and shall serve for life and be removable solely for cause and then only on the basis of a resolution that has secured a two-thirds vote of the Assembly.

Article 42. The Assembly shall establish the organizational framework and jurisdiction of the California courts. Pursuant to law, it shall determine what appeals shall be heard by the intermediate appellate court and the Supreme Court. The Assembly shall provide by law for uniform rules of conduct binding through the California judiciary. It shall prescribe compensation of an amount sufficient to guarantee the independence of judges.

Article 43. The Assembly shall provide for the entry of persons into the legal profession and by law lay down the framework for their character, qualifications, and professional responsibilities and determine the disbarment of persons whose conduct as attorneys is an affront to the profession and to the principle of upholding the rule of law.

Article 44. To assist the courts and the legal profession in the discharge of their duties, the Assembly shall establish a coordinating body with the power to facilitate their work and recommend as needed from time to time, reports on the improvement in the administration of justice to the Assembly.

Article 45. The Assembly shall provide pursuant to Article 20, an independent boundary commission to redistrict the Congressional seats apportioned in the U.S House Of Representatives to California after the U.S Census once every ten years, in keeping with the criteria established in that article. The independent commission shall hold public hearings before entering into force its reapportionment plan – and the designations of the districts so set up shall be the ones followed by the Assembly districts.

Article 46. The Assembly shall in the number of Members assigned to districts, never be less than the number of Members California is represented with in the Congress Of The United States Of America.

Article 47. Articles 1 through 19 of this Constitution shall not be subject to amendment.

Article 48. This Constitution shall come into effect on the day of its adoption by the people of California, and the first election for the Assembly shall be no later than three months after this Constitution has become the supreme law of the state. This Constitution shall ensure the government is of a form similar to that envisioned in the Preamble. Due to the transitional arrangement provided for in this article, the Assembly may, Article 28 notwithstanding, repeal this article upon the completion of the arrangement through an ordinary law, at a time and date to be determined by the Assembly.

We have a dysfunctional state government in California. As I see it, a parliamentary system that unifies the executive and legislature could give voters a single party to which to hold accountable to day to day policies. It must also secure the rights of the people and ensure against the unwarranted growth of government and confiscatory taxation. It must prohibit the establishment of a state income tax and ensure spending doesn't exceed revenue. There must be fixed election dates so the Premier doesn't get to choose when to hold an election for political convenience. The Cabinet must be accountable to the Assembly. The judiciary should strictly follow the laws and stay out of the business of deciding which laws it likes and dislikes and leave changing them up to the elected representatives of the people. And the Constitution must be a statement of general principles easily comprehended and read by citizens and leave the Assembly with the day to day business of making laws that affect them. Can a change to a parliamentary system based on on a smaller legislature bring government closer to the people in our state? By all means let's begin a debate on creating a more conservative and accountable government in California. Its one long overdue.

Egad! We can't clear the bookshelf space for the things that really matter. And getting the politicians to answer questions for an hour a week is too demanding. When I'm asked but what if they abuse their power? My response is you can throw the party that's holding office out. Accountability is the life-blood of democracy. When you know what they're up to, they're less likely to squander or wasted your hard-eaened tax dollars on their pet projects.