As Foretold, California's New Forced Speech Laws Are Being Challenged

Last year, I commented on the likely unconstitutionality of two California laws compelling forced speech:

In California, You Can Stuff A Turkey But Not A Bill

Article IV, Section 9 of the California Constitution provides "A statute shall embrace but one subject, which shall be expressed in its title". This rather simple notion, absent from the United States Constitution, dates back over two millenia to...

The Legislature Has Recessed But Can It Still Pass Bills?

Because this is the second year of California's current legislative biennium, the legislature went into final recess on August 31. J.R. 51(b)(3). This does not mean, however, that the legislature has adjourned. A recess is a temporary suspension of...

Why Alexander Hamilton Could Hold No Office In Nevada Or Even California

"Aaron Burr, sirCan we agree that duels are dumb and immature?"

How A Failed Royal Pardon Became A Limit To A President's Power Of Pardon

The English word "impeach" is derived from the Latin preposition in, meaning in, on or into, and noun pedica, meaning a shackle or snare. The earliest recorded case of impeachment by the English House of Commons was in 1376 during the reign of...

Shakespeare And The Impeachment Of Justice

The word "impeach" is much in the news of late.  It is of Anglo-French origin and originally meant to hinder or impede.  As discussed in this post, the first English impeachment in Parliament dates from the fourteenth century. 

Impeachment In California

The Founding Fathers did not invent impeachment. The procedure was largely copied from English precedent dating to the reign of Edward III. In 1376, the so-called "Good Parliament" under the leadership of Peter de la Mare impeached the King's...

Why The Right To A Jury Trial May Depend On The Year

Yesterday's post discussed the Court of Appeal's holding in  Nationwide Biweekly Administration, Inc. v. Superior Court, 2018 Cal. App. LEXIS 541, that a defendant in a civil proceeding by the Department of Business Oversight for statutory penalties...

California Bill Deadline Is Today

Former New York Surrogate Gideon J. Tucker would be happy today. Pursuant to Joint Rule 61(a)(15), today is the last day for California's legislature to pass bills. Today, also marks the beginning of the legislature's interim study recess (Joint...

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