California Constitution Article V - Executive [Sections 1 - 14]

California Constitution – Article V: Executive
[Sections 1 – 14]

Overview:

Article V of the California Constitution outlines the structure, powers, and duties of the executive branch of the state government. It primarily focuses on the Governor but also includes provisions for other key executive officers.

🔹 Section-by-Section Summary:

§ 1. Executive Power; Governor

The executive power of the State is vested in the Governor.

The Governor is the chief executive officer and is responsible for ensuring the faithful execution of state laws.

§ 2. Election and Term

The Governor is elected every four years.

Terms begin on the first Monday after January 1 following the election.

No Governor may serve more than two terms.

§ 3. Qualifications

A candidate for Governor must be:

A U.S. citizen

A California resident and registered voter for at least 5 years

§ 4. Governor’s Salary

The salary is determined by the California Citizens Compensation Commission.

The Legislature cannot increase or reduce it directly.

§ 5. Duties and Powers

The Governor may:

Sign or veto legislation

Call special sessions of the Legislature

Appoint officials, judges, and fill vacancies as allowed by law

Deliver the State of the State address

§ 6. Commander in Chief

The Governor is Commander in Chief of the state militia (e.g., National Guard) unless under federal control.

§ 7. Reprieves, Pardons, Commutations

The Governor may grant clemency (reprieves, pardons, and commutations) except in cases of impeachment.

Must provide written report to the Legislature on each clemency action.

§ 8. Report to Legislature

The Governor must report to the Legislature at the start of each session on the condition of the state.

§ 9. Budget

The Governor must submit an annual budget to the Legislature by January 10.

Includes proposed expenditures and estimated revenues.

§ 10. Legislative Messages

The Governor may send messages to the Legislature to recommend legislation.

§ 11. Lieutenant Governor

Elected on a separate ballot from the Governor.

Acts as Governor when the Governor is out of state or incapacitated.

§ 12. Succession

If the Governor’s office becomes vacant, the Lieutenant Governor becomes Governor.

A line of succession is provided in law if both offices are vacant.

§ 13. Executive Officers

Other executive officers (e.g., Attorney General, Secretary of State, Treasurer) are elected and their powers are defined by law.

§ 14. Removal from Office

The Governor and other state executive officers may be removed by impeachment or recall.

Purpose of Article V:

To provide a clear framework for executive leadership, ensuring:

Accountability and checks and balances

Orderly succession

Transparency in budgeting and governance

Protection against abuse of power

 

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