California Proposition 5, Constitutional Determinations by Administrative Agencies Amendment (June 1978)
| California Proposition 5 | |
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| Election date |
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| Topic Constitutional rights |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
California Proposition 5 was on the ballot as a legislatively referred constitutional amendment in California on June 6, 1978. It was approved.
A “yes” vote supported prohibiting any administrative agency from declaring a state law unconstitutional and refusing to enforce a state law because it is unconstitutional (unless such determination has been made by an appellate court). |
A “no” vote opposed prohibiting any administrative agency from declaring a state law unconstitutional and refusing to enforce a state law because it is unconstitutional (unless such determination has been made by an appellate court). |
Election results
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California Proposition 5 |
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| Result | Votes | Percentage | ||
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2,784,847 | 54.45% | ||
| No | 2,329,365 | 45.55% | ||
Text of measure
Ballot title
The ballot title for Proposition 5 was as follows:
| “ | Administrative Agencies | ” |
Ballot summary
The ballot summary for this measure was:
| “ | ADMINISTRATIVE AGENCIES--LEGISLATIVE CONSTITUTIONAL AMENDMENT. Adds section 3.5 to article III of Constitution to preclude administrative agency, even if created by Constitution or initiative, from (1) declaring a statute unconstitutional or (2) declaring a statute to be unenforceable or refusing to enforce a statute, because of unconstitutionality or because federal law or regulations prohibit enforcement, unless appellate court has made such determination. Financial impact: Increases or decreases in government costs or revenue during period before constitutionality or enforceability is determined by appellate court. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
- See also: Amending the California Constitution
A two-thirds vote was needed in each chamber of the California State Legislature to refer the constitutional amendment to the ballot for voter consideration.
See also
External links
Footnotes
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State of California Sacramento (capital) |
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