California Sovereign and Autonomous Nation Initiative (2018)
| California Sovereign and Autonomous Nation Initiative | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic Federal constitutional issues | |
| Status Not on the ballot | |
| Type Amendment & Statute | Origin Citizens |
The California Sovereign and Autonomous Nation Initiative (#17-0005) was not on the ballot in California as a combined initiated constitutional amendment and state statute on November 6, 2018.
The measure would have added language to the state constitution calling for a sovereign and autonomous nation of California, whether through independence from the U.S. or through an association with the U.S. The measure would have also removed constitutional language stating that California is an inseparable part of the U.S.[1]
The measure would have instructed the governor to negotiate with the federal government over changes to the state's political status. A referendum of the state's voters would have been required before a final settlement between the state and federal government would receive approval.[1]
The measure would have created the Juan Bautista Alvarado Commission on Autonomy and Independence (JBACAI). The commission's structure would have been similar to the Milton Marks Little Hoover Commission on California State Government Organization and Economy. JBACAI would have had 13 members. JBACAI would have been responsible for studying and making recommendations on becoming a sovereign and autonomous nation. The California State Legislature would have been permitted to amend the rules governing JBACAI through a two-thirds vote of its members.[1]
Text of measure
Ballot title
The official ballot title was as follows:[2]
| “ | California Autonomy from Federal Government. Initiative Constitutional Amendment and Statute.[3] | ” |
Petition summary
The summary provided for inclusion on signature petition sheets was as follows:[2]
| “ | Repeals provision in California Constitution stating California is an inseparable part of the United States. Directs Governor, in consultation with those members of Congress who represent California, to negotiate continually greater autonomy from federal government, up to and including agreement establishing California as a fully independent country, provided voters agree to revise the California Constitution. Creates new state commission to research and make recommendations on ways of increasing California’s autonomy and independence.[3] | ” |
Fiscal impact
- Note: The fiscal impact statement for a California ballot initiative authorized for circulation is prepared by the state's legislative analyst and director of finance.
The fiscal impact statement was as follows:[2]
| “ | At least $1.25 million in added state costs per year for an advisory commission on California autonomy and independence. Unknown, potentially major, fiscal effects if California voters approved changes to the state’s relationship with the United States at a future election after the approval of this measure.[3] | ” |
Full text
The full text of the initiative is available here.
Background
Question of secession
As of 2018, there was no mechanism in the United States Constitution for a state to secede from the United States of America.[4] In Texas v. White of 1869, the United States Supreme Court ruled that the union between Texas and the rest of the United States was "as complete, as perpetual, and as indissoluble as the union between the original States." Secession, according to the court, was not possible "except through revolution or through consent of the States."[5] Supreme Court Justice Antonin Scalia summarized the issue, saying, "If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede."[6]
For California to secede from the United States, the U.S. Constitution would need to be amended. Amending the United States Constitution would require a two-thirds vote of each chamber of the United States Congress and ratification by 38 states. An alternative would be to call a convention of states, have two-thirds of the delegates at the convention back California's secession, and then have 38 state legislatures approve the amendment.[6][7]
The California Constitution would need to be amended to remove Section 1 of Article III, which states, "The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land."[8] The initiative would delete the word inseparable from this text.
Path to the ballot
In California, the number of signatures needed to qualify a measure for the ballot is based on the total number of votes cast for the office of governor. For a combined initiated constitutional amendment and state statute, petitioners must collect signatures equal to 8 percent of the most recent gubernatorial vote. To get a measure on the 2018 ballot, the number of signatures required was 585,407. In California, initiatives can be circulated for 180 days. Signatures needed to be certified at least 131 days before the 2018 general election, which was around June 28, 2018. As the signature verification process can take several weeks, the California secretary of state issues suggested deadlines for several months before the certification deadline.
The timeline for the initiative is as follows:[9]
- Stephen Gonzales, David Marin, Cindy Sheehan, Shankar Singam, and Timothy Vollmer submitted a letter requesting a title and summary on May 19, 2017.
- A title and summary were issued by the California attorney general's office on July 25, 2017.
- Supporters needed to collect 585,407 signatures by January 22, 2018.
- On February 9, 2018, the secretary of state announced that the initiative failed to make the ballot.
See also
External links
Basic information
Footnotes
- ↑ 1.0 1.1 1.2 California Attorney General, "Initiative #17-0005," May 19, 2017
- ↑ 2.0 2.1 2.2 California Attorney General, "Title and Summary," accessed July 10, 2017
- ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ NBC Bay Area, "Presidential Election Aftermath Spurs Cal-Exit Dreams," November 10, 2016
- ↑ Cornell University Law School, "Texas v. White," accessed November 10, 2016
- ↑ 6.0 6.1 Washington Post, "So you want to secede from the U.S.: A four-step guide," June 27, 2016
- ↑ Yes California, "How California Can Legally Secede from the Union," March 3, 2016
- ↑ California State Legislature, "California Constitution," accessed November 10, 2016
- ↑ California Secretary of State, "Ballot Measures," accessed May 22, 2017
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