People’s Advocate v. Superior Court
California Court of Appeal
226 Cal. Rptr. 640 (1986)
- Written by Heather Whittemore, JD
Facts
California voters adopted a ballot initiative called the Legislative Reform Act of 1983 (the act). The act regulated the appointment of the speaker of the assembly and the president pro tempore of the senate; the appointment and abilities of the standing, select, joint, and interim committees of both houses; and the procedure for adopting rules of conduct in the houses. The act also placed restrictions on the legislature’s ability to appropriate money for its budget. A group of supporters (the supporters) (plaintiffs) sought a declaration that the act was legal and an order for the legislature to comply with it. A group of opponents including the state legislature (the opponents) (defendants) alleged that the act conflicted with article IV, § 7 of the California Constitution, which allowed the legislature to govern its own proceedings, and article IV, § 12, which allowed the legislature to adopt budget bills as it saw fit. The superior court, agreeing with the opponents, declared the act unconstitutional. The supporters appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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