"Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such Principles and organizing its Powers in such form, as to them shall seem most likely to effect their Safety and Happiness"
United States Declaration of Independence
WHY A NEW STATE
California’s first Declaration of Independence was written in 1836 by the ‘Californios’ who wanted freedom from the “central government” in Mexico City. It was entitled Alta California Declaration of Independence. The Sonoma Proclamation of 1846 furthered this effort for independence, finally culminating in the California Declaration of Independence of 1848. After the Mexican-American War, Mexico agreed to cede California to the United States and it was officially annexed as a free, non-slave state in the Compromise of 1850.
RURAL VS URBAN
California is the most populous state in the nation, with over 40 million people living in 58 counties. Approximately half of these California citizens live in 85% of the State’s rural counties. These rural citizens of California have no voice as the predominant representation is located in the densely populated urban centers.
When California became a state in 1850 the framers of the state's Constitution established a bicameral legislature by creating a lower house to represent the people and an upper house to represent the counties. The framers did this to prevent one political party from dominating the political landscape.
They understood that with a functional legislature the people in the urban counties could not pursue an agenda that benefitted themselves at the expense of the rural counties. A bicameral legislature created an important safeguard against a tyranny of the majority.
In 1964-65, as a result of the Supreme Court decision in Reynolds vs Sims, California turned their bicameral legislature into a unicameral legislature with both houses representing the people. Consequently, we no longer had any house (the senate) to represent the 58 counties.
With this change, California created an opportunity for one political party to completely control the legislative branch of government. Without the constitutional checks and balances of a bicameral legislation, it was impossible for the people to resist the tyranny of the majority.
CONSTITUTIONAL AUTHORITY TO ACT
According to the United States of America Declaration of Independence, "Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such Principles and organizing its Powers in such form, as to them shall seem most likely to effect their Safety and Happiness”.
Referencing our constitutional rights, the underrepresented citizens of the State of California declare that it is the responsibility, the duty of the people who are suffering the long train of abuses and usurpations at the hands of a tyrannical government to abolish and make a new government by the People and for the People under GOD. This is in accordance of the United States Declaration of Independence of 1776, the Constitution as adapted in 1783 by the Congress of the United States of America, the Alta California Declaration of Independence of 1836, the Sonoma Proclamation of 1846, and the California State Constitution of 1848
Article IV Section 3 of the United States Constitution
"New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress."
HOW WOULD THIS PROCESS OCCUR?
The precedence for creating a new state was set in 1861 when West Virginia was split from Confederate Virginia as Virginia tried to secede from the Union. The process begins when a state's legislature first votes to create a new state. Once the measure in the form of a resolution passes both the State Assembly and Senate it is submitted to Congress. Both the U.S. House of Representatives and the U.S. Senate must vote to pass the resolution.
There are several ways achieving statehood could play out, which includes Article IV Section 4 of the United States Constitution. "The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.” The President of the United States can legally invoke the Insurrection Act of 1807 when it is deemed necessary. The possibility of the state becoming insolvent could also be a factor in changing the government.
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