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CA Prop 8

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Protect Initiatives

"All political power is inherent in the people."
      - California Constitution


As of 2014-11-17, this attempt to keep attorney generals from unconstitutionally undermining our initiative powers and democracy itself, has ended. The Supreme Court of the United States declined to right the wrongs inherent in attorney generals failing to represent their clients, the states, in good faith.

On 2014-09-17, the petition for a review of the California Supreme Court's decisions was filed in the United States Supreme Court. The petition can be downloaded in pdf format or open document format. Any update to the case should be visible at the Supreme Court's Website for case # 14-315. The eight questions presented to the United States Supreme Court cover the federal issues raised by the original lawsuit.

Towards defeding our political powers, we have filed a lawsuit against the attorney general and governor of California in the Supreme Court of California, case # S218146 (2014-04-29). On 2014-06-18, the California Supreme Court declined to protect the political power of the people of California as sought in our lawsuit. We are considering an appeal to the United States Supreme Court on the aspects of our cases that fall under federal law (not political power which is more from state law, but many of the other complaints in the case). We had higher hopes that the California Supreme Court would have acted in line with their earlier opinions on their duty to protect the initiative powers of the people.

We first submitted an earlier version of the lawsuit in Dec 2013, but due to an erroneous belief by someone at the court we had to resubmit the petition with a cover letter. The petition was again returned unfiled. We worked on a lawsuit to go to the federal courts to protect our right to petition the courts, but luckily we didn't have to sue for the right to petition the courts as someone responded to our plea letter and helped us have our petition filed successfully. Many thanks to whoever it was that helped us.

The lawsuit documents can be downloaded in pdf format or open document format. Two videos referred to in the lawsuit (for exhibit C & D) where Kamala Harris indicates views related to this lawsuit, can be found at link1 and link2. Exhibits A & B can be found at link3 and link4.

We want the judges to ponder and decide on the issues raised in our lawsuit. We want people to be able to see the official history of how the California Supreme Court judges decide to (or not to) protect  our political power as sought in this lawsuit.

Below is an overview of what the petition alleged and sought.

Plaintiffs allege that by failing to provide for the legal defense of Article 1, Section 7.5 of the California Constitution, the attorney general of California and the governor of California have

  • unconstitutionally harmed their political power,
  • violated due process protections,
  • violated free speech protections,
  • violated equal protection principles,
  • caused the loss of trust in our government,
  • caused voter suppression,
  • and violated the principle of separation of the judicial, legislative and executive powers.

Plaintiffs seek various extraordinary remedies including

  • on the grounds that facts have since changed, free the state from an earlier ruling of the California Supreme Court that deemed California Family Code Section 308.5 unconstitutional, and a related writ of mandate,
  • official selection of one or more individuals to officially represent the state in both state and federal courts to defend specific challenged laws, when there is reason to doubt that the attorney general or governor will provide for the legal defense of the laws in good faith, such as is the case with Article 1, Section 7.5 of the California Constitution,
  • towards restoring the faith of the people of California in our government and to provide hope to people across the country, a statement within the California Supreme Court's ruling, that the constitutional protection of the political power of the people shall include providing for the legal defense of the laws of the land in good faith,
  • several related censures of the attorney general of California,
  • and several related censures of the governor of California.

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