PDA

View Full Version : Cal. Const. Article 3, Section 1


SvenFrost
07-28-2008, 2:47 PM
Hello All:

As many of you are aware, Article 3, Section 1 of the California Constitution provides as follows:

"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."

It seems clear that when the 2nd Amendment was found to be an individual right in Heller, Article 3, Section 1, immediately incorporated that holding into the California Constitution.

Is anyone aware of any precedent whereby other provisions of the U.S. Constitution or Bill of Rights was held applicable against the State of California via Article 3, Section 1 of the California Constitution? I have done a significant amount of searching, but have not come up with anything.

Best,
Sven

packnrat
07-28-2008, 3:02 PM
if you find it please post up.


.

Daevian
07-28-2008, 3:03 PM
And owning guns is a sovereign right.

California Government code Sec., 11120, states, "The people of this state do not yield their sovereignty to the agencies which serve them."

The Senate, Cops (of all kinds), and anything else that deals with political office serves the People of California.

There is a few more cali., government code's that have the same specific language mentioned but i'm too lazy to go look them up.

If people took the time to study, learn how to file complaints; we could have a joint action lawsuit going on. it'd cost our government so much money in defending themselves, they be force to overturn any unconstitutional ban.

Librarian
07-28-2008, 3:55 PM
See also this thread (http://www.calguns.net/calgunforum/showthread.php?t=109897).