Become part of the movement for unbiased, accessible election information. Donate today.
California Proposition 5, Constitutional Determinations by Administrative Agencies Amendment (June 1978)
| California Proposition 5 | |
|---|---|
|
|
|
| Election date |
|
| Topic Constitutional rights |
|
| Status |
|
| 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
|
California Proposition 5 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
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
 |
State of California Sacramento (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
