California Supreme Court Gives Itself Another Month to Decide Whether to Hear Legislative Qualifications Case

On April 2, Heidi Fuller asked the California Supreme Court to hear Fuller v Bowen, the case that challenges the refusal of the California Secretary of State to enforce the California Constitutional qualification that says legislative candidates must have lived in the district for a year before filing to run for that office. Normally the California Supreme Court would have decided by this week whether to hear the case. But on May 23, the Court pushed back the date by which it will decide that to June 29.

The Superior Court had ruled that the California Constitution’s one-year residency requirement violates the U.S. Constitution, and therefore the California Constitutional provision should not be enforced. But the State Court of Appeals had, in a sense, reversed the Superior Court, and said it doesn’t matter whether the California Constitutional provision violates the U.S. Constitution, because in any event the Secretary of State has no authority to judge qualifications and must let anyone run for the legislature without investigating any of their personal characteristics.

The trouble with that theory is that it would let anyone run for the legislature, regardless of that person’s age and that person’s current residency. And the trouble with the Superior Court decision is that federal and state court decisions, including U.S. Supreme Court decisions, overwhelmingly and unanimously agree that one-year residency requirements for legislative candidates do not violate the U.S. Constitution.

3 comments

  1. Demo Rep · · Reply

    SHOULD be one more NO brainer case —

    For HISTORY reasons – the EVIL Brit monarchs versus the Brit Parliament for centuries –

    U.S.A. Const. Art. I, Sec. 5 part –

    Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, ***
    ———
    How many State consts have similar language for State legislature members ???
    —-
    Also of course – each State is a SOVEREIGN nation-state for INTERNAL political structure stuff — with the limited restrictions of RFG in Art IV, Sec. 4 and the EPC in 14th Amdt, Sec. 1.
    —–
    U.S.A. regime ONE layer.
    State regimes ONE layer.
    Local regimes ONE or more layers.

    MUCH too difficult for MORON courts to understand ???

  2. Jim Riley · · Reply

    Candidacy in California requires a sworn statement that a candidate is qualified. Fuller should have taken her case to the California Senate, and if she was successful had the AG or DA file perjury charges against Berryhill.

    Thankfully, the voters rejected a candidate who apparently does not believe in separation of powers.

  3. Simple, he is not a natural born united states of america citizen. If he continues on his current path not only will u b out of a job, your grandchildren will live in tyranny and poverty. George Soros who is the puppeteer wants to riun you and me and our country forever. Its your choice and everyone you and i love will live in misery forever. He has stomped on your countries Constitution, my god you are in a position to save the fabulous World we live in. As the days pass by, more fraud about him appears, if you make this honest stand for California, you will be honored forever
    Frank

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: