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To: tubebender; Grampa Dave; Ernest_at_the_Beach; randita; Dog Gone; John Jorsett
Does the Cal constitution require a balanced budget to operate ?

Sorta'.

ARTICLE 13B GOVERNMENT SPENDING LIMITATION SEC. 1. The total annual appropriations subject to limitation of the State and of each local government shall not exceed the appropriations limit of the entity of government for the prior year adjusted for the change in the cost of living and the change in population, except as otherwise provided in this article. [Lots of loopholes]

Of course, when an "emergency" has been declared by the governor, as is still the case in California, he can spend whatever he wants.

(2) In the event an emergency is declared by the Governor, appropriations approved by a two-thirds vote of the legislative body of an affected entity of government to an emergency account for expenditures relating to that emergency shall not constitute appropriations subject to limitation. As used in this paragraph, "emergency" means the existence, as declared by the Governor, of conditions of disaster or of extreme peril to the safety of persons and property within the State, or parts thereof, caused by such conditions as attack or probable or imminent attack by an enemy of the United States, fire, flood, drought, storm, civil disorder, earthquake, or volcanic eruption.

Davis is, for all intents and purposes, a dictator. Now Hitler had to get 2/3 of the Reichstag to amend the German Constitution through an "Enabling Act".

GLEICHSCHALTUNG

The plan was deceptively simple and had the advantage of cloaking the seizure of absolute power in legality. The Reichstag would be asked to pass an “enabling act” conferring on Hitler’s cabinet exclusive legislative power for four years. Put even more simply, the German Parliament would be requested to turn over its constitutional functions to Hitler and take a long vacation. But since this necessitated a change in the constitution, a two-thirds majority was needed to approve it.

Davis simply had to declare an "emergency" to take over. Some California Code Sections:

8627. During a state of emergency the Governor shall, to the extent he deems necessary, have complete authority over all agencies of the state government and the right to exercise within the area designated all police power vested in the state by the Constitution and laws of the State of California in order to effectuate the purposes of this chapter. In exercise thereof, he shall promulgate, issue, and enforce such orders and regulations as he deems necessary, in accordance with the provisions of Section 8567.

8627.5. (a) The Governor may make, amend, or rescind orders and regulations during a state of emergency that temporarily suspend any state, county, city, or special district statute, ordinance, regulation, or rule imposing nonsafety related restrictions on the delivery of food products, pharmaceuticals, and other emergency necessities distributed through retail or institutional channels, including, but not limited to, hospitals, jails, restaurants, and schools. The Governor shall cause widespread publicity and notice to be given to all of these orders and regulations, or amendments and rescissions thereof.

(b) The orders and regulations shall be in writing and take effect immediately on issuance. The temporary suspension of any statute, ordinance, regulation, or rule shall remain in effect until the order or regulation is rescinded by the Governor, the Governor proclaims the termination of the state of emergency, or for a period of 60 days, whichever occurs first.

8628. During a state of emergency the Governor may direct all agencies of the state government to utilize and employ state personnel, equipment, and facilities for the performance of any and all activities designed to prevent or alleviate actual and threatened damage due to the emergency; and he may direct such agencies to provide supplemental services and equipment to political subdivisions to restore any services which must be restored in order to provide for the health and safety of the citizens of the affected area. Any agency so directed by the Governor may expend any of the moneys which have been appropriated to it in performing such activities, irrespective of the particular purpose for which the money was appropriated.

8629. The Governor shall proclaim the termination of a state of emergency at the earliest possible date that conditions warrant. All of the powers granted the Governor by this chapter with respect to a state of emergency shall terminate when the state of emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end.

But it can't happen here, of course.

13 posted on 09/06/2002 4:11:05 AM PDT by snopercod
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To: snopercod
Davis is, for all intents and purposes, a dictator. Now Hitler had to get 2/3 of the Reichstag to amend the German Constitution through an "Enabling Act".

Davis, despite numerous hissy fits, has still not figured out a way to get 2/3 of FERC. Lawyers for the state are working feverishly to accomplish that.

14 posted on 09/06/2002 5:30:29 AM PDT by randita
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