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We, the undersigned, resolve and declare that --
Whereas, the Governor%u2019s Office of the State of California has proposed to keep approximately one billion, nine hundred and eighty two million dollars from cities, counties, and special districts (local governments) for the State%u2019s purposes (an amount which may decrease or increase by the time of adoption of the State of California%u2019s budget), and, as provided by of the California Constitution, pay back this amount within three years%u2019 time,
Whereas, the local governments have already experienced significant difficulty as a result of State actions and as a result of a variety of economic developments,
Whereas, it was never the intent of the founders of the United States of America that a State government, such as the State of California, should impair the operations of local governments,
Whereas, we, the people of the State of California, are experiencing fiscal conditions of severe difficulty, with such conditions as one may also encounter in numerous other parts of the United States of America, and whereas we, the people of the State of California, consider budgets of the local governments of the State to be, in fact, contracts with the people, which the elected officials of local governments are compelled to follow, as an obligation, and whereas we acknowledge that the local governments are, in fact, faced with severe limitations and impairments to the obligations of said contracts,
Whereas, the legislative bodies of various local governments have adopted resolutions which have made clear that in addition to any hardship already faced by local governments, that greater or severe fiscal hardships to those local governments will result if additional funds are taken by the State from local governments if the State utilizes the provisions of Proposition 1A of 2004 to withhold funds from the local governments,
Whereas, the State of California is creating, and has created an undue hardship for people of the State by proposing that funds be withheld from local governments, even if State Constitutional provisions exist that would mandate such funds eventually be repaid,
Whereas, the Constitution of the State of California provides that all people are free and independent and have inalienable rights,
Whereas, among these inalienable rights listed by the Constitution of the State of California are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy,
Whereas, the Constitution of the State of California acknowledges the United States Constitution as the Supreme Law, and the Constitution of the State of California does state that the State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land,
Whereas, the United States Constitution makes clear that there are powers prohibited to the States, and among those powers prohibited, absolutely, to the States, the United States Constitution provides that no state shall enter into any treaty, alliance, or confederation; grant letters of marquee and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility,
Whereas, we, the people of the State of California, do state and do firmly resolve with our signature that the State of California has violated the United States Constitutional standard which clarifies these %u2018powers prohibited, absolutely%u2019 to the States, and, with respect to the State of California, in proposing that funds be kept from local governments (regardless of the duration of time the State of California proposes to keep those funds), the State of California has created a condition which impairs the obligation of contracts, and further, we state and firmly resolve with our signature that the Governor and the Legislature of the State of California have or will have acted in violation of the United States Constitution, particularly if the Governor and the Legislature of the State of California act to adopt any budget which would result in further takeaways from local governments within the context of Proposition 1A of 2004,
Whereas, we, the people of the State of California, will not tolerate any further infringement of any sort by the Governor and Legislature of the State of California upon the activities of our local governments, which possess legislative bodies composed of duly elected representatives,
Now, therefore, we, the people of the State of California, do instruct our representatives, and as part of this instruction, we do resolve that it is our will that the State of California shall not withhold any revenue from local governments (cities, counties, and special districts), nor keep any money of any kind from local governments (cities, counties, and special districts) for any length of time, other than the passage of several weeks%u2019 time after the deadline for payment of state and federal taxes each year and several weeks' time after the deadline for payment of property taxes, said timeframes being necessary to process the tax revenue and to pass those monies from the tax revenue collected by the State to the local governments, and that it is no longer permitted by the people of this State that the Governor or the Legislature of this State act to impede the flow of monies to local governments via utilization of language from Proposition 1A of 2004 in California (which now is creating a conflict with U.S. (federal) Constitutional language by virtue of proposed and / or adopted budgetary actions by the Governor and / or the Legislature of California that would harm local governments through further takeaways), nor is it permitted by the people of this State that the Governor and/or the Legislature may take away any more money from local governments, said monies being needed by the local governments to provide services to the people who reside in the areas served by those local governments, and as such we express, concurrently, our State of California Constitutional rights (under Article I [Declaration of Rights], Section 3) which provide that the people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good), and our United States Constitutional rights as provided by Amendment I (specifically, petitioning the government for a redress of grievances), Amendment IX (Certain Rights not denied to the People), Amendment X (State rights %u2013 powers reserved to the states respectively, or to the people), Amendment XIV (Citizenship, Representation, and Payment of Public Debt), and such other provisions of the supreme law of the land that provide we, the people, with rights.
So it is resolved and declared, by the Signers of this Instruction and Petition.
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