8/23/13: The death of Prop. 8 is the death of our California republic


August 23, 2013 -- For Immediate Release

The Death of Prop. 8 is the Death of our California Republic
"By killing off part of the Constitution, the new 'kings' of California have replaced our republic with their dictatorship"

Sacramento, California -- Now that there is no honest court willing to hear the state constitutional arguments supporting the People's vote for Prop. 8 requiring "a man and a woman" for California marriage licenses, a longtime defender of natural marriage rights exclusively for one man and one woman in California says the death of Proposition 8 signifies the death of the republic that the state once was.

"When public officials ignore the California Constitution, they have placed themselves above the supreme law of the State of California," said Randy Thomasson, president of SaveCalifornia.com, which promotes moral virtues for the common good. "By killing off part of the Constitution -- "Only marriage between a man and a woman is valid or recognized in California" -- the new 'kings' of California, Democrats Jerry Brown and Kamala Harris, and the San Francisco-based state Supreme Court, have replaced our republic with their dictatorship."

"If a written state constitution is not the top, authoritative state law to which public officials submit themselves as they've promised, then they've ceased to be public servants and have instead illegitimately made themselves 'the law,'" Thomasson said. "Our one-time republic has legally become an insecure place, because you can no longer trust that the written law is indeed the law. The People's social compact has been shredded, the voters' will is no longer respected, and our republic is no more."

California's "statewide constitutional officers" and the California Supreme Court have elevated themselves above the California State Constitution:

On August 14, the California Supreme Court placed itself above the California Constitution when, without explanation, it refused to hear or submit to the sound constitutional arguments of the Prop. 8 petition, which was based on Article 3, Section 3.5, the supremacy of the California Constitution to a state agency, and the very narrow legal construction of the Prop. 8 federal case.

Only marriage between a man and a woman is valid or recognized in California. Article 1, Section 7.5

An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power...to declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional. Article 3, Section 3.5

California's "statewide constitutional officers" have refused to do their constitutional duty to support and defend the California Constitution:

From 2009 through 2010, California Governor Arnold Schwarzenegger and California Attorney General Jerry Brown refused to do their constitutional duty to enforce and defend Article 1, Sec. 7.5 (Prop. 8).

From 2010 through 2013, California Governor Jerry Brown and California Attorney General Kamala Harris refused to do their constitutional duty to enforce and defend the voter-approved constitutional amendment.

The Governor shall see that the law is faithfully executed. Article 5, Section 1

Subject to the powers and duties of the Governor, the Attorney General shall be the chief law officer of the State. It shall be the duty of the Attorney General to see that the laws of the State are uniformly and adequately enforced. Article 5, Section 13

The Attorney General shall attend the Supreme Court and prosecute or defend all causes to which the State, or any State officer is a party in his or her official capacity. California Government Code, Section 12512

California Oath of Office: "I, ______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter." Article XX, Section 3

Jerry Brown, Kamala Harris, and the California Supreme Court are violating the required government structure for every state within the United States of America:

Article IV, Section 4 of the United States Constitution guarantees to California and every other state "a republican form of government" -- meaning 1) no monarchy and 2) no lawless mob rule, but a government of written laws that represent the will of the people, who are sovereign. (See footnote recording James Madison's definition of republican government as "a republican constitution and its existing laws") The California Constitution represents the people's will: "All political power is inherent in the people." (Article II, Section 1)

California is no longer a republic or a constitutional democracy according to the CIA World Factbook, which defines government types:

While "The Golden State" used to be a constitutional democracy, California has now devolved into a dictatorship, "a form of government in which a rule or small clique wield absolute power (not restricted by a constitution or laws)." According to the CIA World Factbook:

Constitutional - a government by or operating under an authoritative document (constitution) that sets forth the system of fundamental laws and principles that determines the nature, functions, and limits of that government.

Constitutional democracy - a form of government in which the sovereign power of the people is spelled out in a governing constitution.

Democracy - a form of government in which the supreme power is retained by the people, but which is usually exercised indirectly through a system of representation and delegated authority periodically renewed.

Democratic republic - a state in which the supreme power rests in the body of citizens entitled to vote for officers and representatives responsible to them.

Dictatorship - a form of government in which a ruler or small clique wield absolute power (not restricted by a constitution or laws).

"Californians of all political stripes should be concerned when our supreme written law, the California Constitution, is no longer a secure, authoritative standard that is recognized by the courts or enforced by public officials," Thomasson concluded. "If a state constitution is no longer faithfully honored, then a state is no longer a republic, which should make everyone afraid."

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SaveCalifornia.com is a leading West Coast nonprofit, nonpartisan organization standing strong for moral virtues for the common good. We represent children and families in the areas of marriage and family, parental rights, the sanctity of human life, religious freedom, financial freedom, and back-to-basics education.