Bill Text: CA SJR10 | 2021-2022 | Regular Session | Introduced
Bill Title: U.S. Constitutional Amendments: ratification.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-23 - Re-referred to Com. on JUD. [SJR10 Detail]
Download: California-2021-SJR10-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Joint Resolution
No. 10
| Introduced by Senator Nielsen |
February 14, 2022 |
Relative to the First to Twelfth Amendments to the United States Constitution.
LEGISLATIVE COUNSEL'S DIGEST
SJR 10, as introduced, Nielsen.
U.S. Constitutional Amendments: ratification.
This measure would ratify the First to Twelfth Amendments to the United States Constitution.
Digest Key
Fiscal Committee: NOBill Text
WHEREAS, on December 15, 1791, the United States of America ratified the First to Tenth Amendments, known as the Bill of Rights, to the United States Constitution; and
WHEREAS, on February 7, 1795, the United States of America ratified the Eleventh Amendment to the United States Constitution; and
WHEREAS, on June 15, 1804, the United States of America ratified the Twelfth Amendment to the United States Constitution; and
WHEREAS, The State of California has not ratified these amendments; and
WHEREAS, The First to Twelfth Amendments are a vital part of the United States Constitution and should be ratified by the State of California to show the concurrence of this great state with the principles enunciated in them; and
WHEREAS, The First to Twelfth Amendments to the United States Constitution provide as follows:
First Amendment. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Second Amendment. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Third Amendment. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Fourth
Amendment. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Fifth Amendment. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Sixth Amendment. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Seventh Amendment. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Eighth Amendment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Ninth Amendment. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Tenth Amendment. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Eleventh Amendment. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Twelfth Amendment. The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots
the person voted for as President, and in distinct ballots the person voted for as Vice- President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;--The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;--The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by
states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice- President shall act as President, as in the case of the death or other constitutional disability of the President.--The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice-President of the United States. Now, therefore be it
Resolved by the Senate and the Assembly of the State of California, jointly, That the First to Twelfth Amendments to the United States Constitution are hereby ratified by the Legislature of the State of California; and be it further
Resolved, That the Secretary of the Senate transmit copies of this resolution to the Governor, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the Archivist of the United States.
