Political Power Versus Legislative Power

Political Power Versus Legislative Power By Chris Micheli

            Is there a difference between “political power” and “legislative power” under the California Constitution?

According to Article II, Section 1, "All political power is inherent in the people." Article II contains the three forms of direct democracy and voting, which are found in the state Constitution. There is also the lawmaking powers of initiative and referendum contained in Article II.

According to Article IV, Section 1, "The legislative power of this State is vested to the California Legislature..., but the people reserve to themselves the powers of initiative and referendum. " This provision means the legislative power is shared between the legislative branch of state government (i.e., our 120 elected legislators) and the people.

This language is similar to what is contained in the federal Constitution in Article I, Section 1, which states: “All legislative Powers herein granted shall be vested in a Congress of the United States…”

With these two provisions of the state Constitution, what is the difference between "political power" and "legislative power"? How can we distinguish between political power and legislative power? We assume they are different as they are used in separate Articles to convey two types of powers under the state Constitution.

The issue is that, while political power can cover voting and the three forms of direct democracy, which are set forth in Article II, the two political powers of initiative and referendum are also deemed legislative powers under Article IV. So, are the initiative and referendum both political and legislative powers that are exercised by the people? It would appear that is the case.

So while political power generally refers to politically-related activities, such as voting and direct democracy, the legislative powers of initiative and referendum also constitute political powers. And, it is only the people of this state that exercise both political and legislative powers under the California Constitution.

Comments

Post a Comment

Popular posts from this blog

Another Reason to Limit Bill Introductions?

Another Reason to Limit Bill Introductions?  By Chris Micheli             As I did my final review of Governor Newsom’s actions on the 1,046 bills sent to him after the 2023 Legislative Session, I noticed that some of the Governor’s veto messages provide additional rationales for limiting bill introductions.             Out of 156 vetoes from the 2023 Session, the number one reason for the Governor’s veto was budget concerns or cost pressures. In fact, 41% of the vetoes used that basis. That by itself is not a reason to limit bill introductions, but another statistic may provide such a reason…             By my count, just over 1/3 of the bills vetoed by Governor Newsom likely should not have been sent to his Desk and, arguably, should not have made it through the process at all. In fact, perhaps they should not h...
Read more

Frequently Asked Questions about California’s Budget Process

Frequently Asked Questions about California’s Budget Process  By Chris Micheli             What are the main parts of the California state budget? They are the Budget Bill, Budget Bill Junior, Trailer Bills, and Supplemental Reports.             What is the Budget Bill? This bill contains the appropriations and “Budget Bill Language”. Note that only a Budget Bill (or BBJ) can contain multiple appropriations. It requires a majority vote for passage and the bill takes effect immediately. There is just one Budget Bill. What is the “Budget Bill Jr.”? This is the bill that amends the main Budget Bill by making changes to multiple appropriations. There are often multiple BBJs. What is a Trailer Bill? This bill makes the statutory changes needed to implement the budget. It is the same as any other bill, but it takes effect immediately with a majority vote if it contain...
Read more

Can Any Bill Call an Election?

Can Any Bill Call an Election?  By Chris Micheli             In June 2024, we saw two bills that contain a provision to call an election.             Both bills contain a “plus” section at the end of the bill, which is an uncodified statute, stating the following: “this act calls an election within the meaning of Article IV of the California Constitution and shall go into immediate effect.” Such a measure only requires a majority vote, unless some other constitutional provision requires a higher vote threshold (e.g., a tax increase). What is the basis for this statement? Section 8(c)(3) of Article IV of the state Constitution provides: “ Statutes calling elections, statutes providing for tax levies or appropriations for the usual current expenses of the State, and urgency statutes shall go into effect immediately upon their enactment.” However, there is no further gui...
Read more