The A.D. 1879 Constitution for the California republic was repealed on November 8, A.D. 1960

Constitutions

The de facto STATE OF CALIFORNIA Secretary of State has copies of the A.D. 1849 and A.D. 1879 constitutions for the California republic on their official website.

November 8, A.D. 1960

In the General Election held on November 8, A.D. 1960, the A.D. 1879 constitution of California was repealed by a vote of the people. Proposition 12 on that ballot was ratified and of the many changes that were proposed by that Proposition was to repeal Article XXII Section 12 of the A.D. 1879 constitution.

June 6, A.D. 1972

In the Primary Election held on June 6, A.D. 1972, Proposition 10 on that ballot repealed the entirety of Article XXII.

Article XXII Section 12

Article XXII Section 12 of the A.D. 1879 constitution is where the constitution was given its authority to take effect and be in force on and after the fourth day of July, eighteen hundred and seventy-nine. By repealing this section, the entire A.D. 1879 California constitution was repealed.

Constitution Repealed

Without a date that defines when a constitutional amendment is to take effect, it has no force. Article XXII Section 12 was that section that gave the A.D. 1879 constitution its authority and it can never become obsolete.

Without the authority granted by Section 12 of Article XXII, all elected and non-elected state officers lack any authority to hold that office, that all state agencies lack any authority, and that the CALIFORNIA STATE BAR has lost its charter as a public corporation [CONS Article VI Section 9 (1966)].

Constitution of A.D. 1879

It is clearly documented that the effective date of the constitution was repealed November 8, A.D. 1960 and cannot have any lawful effect as the valid “Constitution for the State of California”.

Virtually the entire constitution of A.D. 1879 was repealed and replaced from A.D. 1949 through A.D. 1976.

There is a fundamental, indisputable difference between the act of “amending” and the act of “repealing”.

  • Amend. To Improve. To change for the better by removing defects or faults. To change, correct, revise. Black’s Law Dictionary, 6th Edition.
  • Repeal. The abrogation or annulling of a previously existing law …. To revoke, abolish, annul, to rescind, or abrogate by authority. Black’s Law Dictionary, 6th Edition.

The A.D. 1879 constitution is important to our current State government. Prior to A.D. 1879, the structure of government and courts was different. It was the amendments of A.D. 1879 that created the structure of government and courts we have today. Without the effect and force clause, all changes to the constitution became ab initio, null and void from the beginning, as if they never existed.

The annexed document “Repealed Articles” is a listing of the great majority of repealing that took place to “amend” or “revise” the constitution of A.D. 1879.

Resources:

Constitutions

  • Constitution of the State of California 1849
  • California Constitution 1879

Court Cases

Documents

Repealed Articles

Deering’s General Laws

Statues

Voter Guide and Election Results

  • Voter Guide for November 8, 1960
  • Voter Guide for June 6, 1972

*** Note: Web links to all constitutions, statutes, voter guides cited on this page can be found here ***