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Draft Initiative:
An Act Reaffirming the Sovereignty of California


Explanatory notes:

This draft initiative sets out the political course of action to be put forward by the people of California to settle definitively the constitutional, economic, and political problems that has been confronting California for several generations. It also defines the process proposed to achieve this purpose.

The project

It is proposed that California affirm its status as a sovereign country through its democratic processes. The reaccession to full sovereignty has been described as "the accession of the constitutional republic of California to a position of exclusive jurisdiction, through its democratic institutions, to make laws and levy taxes in its territory and to act on the international scene for the making of agreements and treaties of any kind with other independent States and participating in various international organizations".

An economic association with the United States would be maintained by negotiation in order to preserve and further develop the free circulation of goods and services, of capital and of persons that is currently prevailing. To the same end, California voters will determine whether or not to continue to adhere to the North American Free Trade Agreement and the General Agreement on Tariffs and Trade. The California dollar would be pegged to the United States Federal Reserve Note, making it the de facto, legal currency of California.

Provisions are made as to the territory of a sovereign California, California citizenship and the continuity of treaties, international alliances and laws. In this respect, the Government of California would be authorized to take over, from the Government of the United States, all international services. With transfer payments currently provided to California citizens by the United States government to continue.

Several other transitional measures are provided for, including the conclusion of an agreement on the apportionment of the property and debts of the United States.

The process:

After undergoing an information and participation process, the draft initiative will become a initiative on a general election ballot which, once passed by the people of California, will become law.

During this process, the citizens of California will be invited to formulate a "Declaration of Independence" to constitute the preamble to the bill. The Declaration will set forth the fundamental values and main objectives of a sovereign California Republic. May it serve as inspiration for the endeavors of the people of California and their representatives in the decades to come.

The process the people of California intends to initiate will consist of the following:

1- publication of the draft initiative.

2- a period of information and participation for the purposes of improving the initiative and drafting the "Declaration of Independence" which will form the preamble to the initiative.

3- discussion of the bill respecting the sovereignty of California.

4- approval of the initiative by the population in a referendum.

5- a period of discussions with the United States on the transitional measures to be set in place, particularly as regards to the apportionment of property and debts.

6- the reaccession of California to complete sovereignty.


SOVEREIGNTY | TERRITORY | CITIZENSHIP | CURRENCY | TREATIES | INTERNATIONAL ALLIANCES | COURTS | MILITARY | POST | REFERENDUM

Draft Initiative:
AN ACT REAFFIRMING THE SOVEREIGNTY OF CALIFORNIA

Preamble:
DECLARATION OF INDEPENDENCE

The Declaration of Independence will be drafted on the basis of the suggestions made during the information and participation process to be held on the draft initiative.

It will set forth the fundamental values and main objectives the California Republic wishes to make its own once it has reasserted the exclusive power to make all its laws, collect all its taxes and conclude all its treaties.

The people of California enacts as follows:

Sovereignty

1. California is a sovereign nation.

Economic Association

2. The California Government is authorized to conclude, with the Government of the United States, an agreement the purpose of which is to maintain an economic association between California and the United States.
Such an agreement must be approved by the California Government before being ratified.


Territory

3. California shall retain the boundaries it has within the United States at the time section 1 comes into force. It shall exercise its jurisdiction over the maritime areas and the territories adjoining its coastline in accordance with the terms and conditions provided by the rules of international law.

Citizenship

4. Every person who holds United States citizenship and is domiciled in California at the time section 1 comes into force is a California citizen.
Every person who, after the coming into force of section 1, is born in or outside California to a father or mother holding California citizenship is also a California citizen.
Any person born in California, after the coming into force section 1, who does not have a father or a mother holding California citizenship is not a California citizen and shall retains the parents respective nationality.
California citizenship may also be acquired in the manner determined by the California Government.
California citizenship may be held concurrently with citizenship of the United States or of any other country.

Currency

5. The legal currency of California shall be the California Dollar. California's President shall appoint a currency board to set the California Dollar's value to the United States Federal Reserve Note. If not already commenced, the California Government shall mint California Republic gold and silver coins.

Treaties

6. California shall not assume the obligations nor enjoy the rights arising out of the treaties to which United States is a party and the international conventions to which the United States is a signatory, in accordance with the rules of international law.

The California legislature shall place on the general ballot, individual, initiatives for a majority of affirmative votes by the voters to be able to enter any treaty.
Once, the people of California enter a treaty, California shall assume all the obligations and enjoy all the rights arising out of the treaty.

International Alliances

7. The California legislature shall take the necessary steps to place on the general ballot, individual, initiatives for membership of California to the following: the North American Aerospace Defence Command, the North American Free Trade Agreement and the General Agreement on Tariffs and Trade, the United Nations, the World Trade Organization, and other international organizations.
Only by a majority of affirmative votes by the people of California will membership take place.

Continuity of Law

8. Laws passed by the United States that applied in California at the time section 1 comes into force, and the regulations under such laws, no longer remain in force unless amended or approved by the California Government.

9. All previous initiatives that has been approved by the people of California that have been suspended or revoked, in whole or part, by the federal judiciary is, hereby, reinstated in entirety and shall be in lawful force in California.

10. Pensions and supplements payable to the people shall continue to be paid by the United States Government according to the same terms and conditions that the United States Government entered into contractoral agreement and obligation with. Permits, licenses and authorizations that have been issued shall remain in force until their expiry.

11. Until pending cases have reached judgment, the United States courts of civil or criminal jurisdiction shall continue to exist; the judges presiding over them shall continue in their appointment and retain their authority, with United States Government providing appropriative funds. When a courts docket has been cleared, the Court shall cease its authority and its existence in California. The Supreme Court of California shall become the court of highest jurisdiction.
The judges of the Federal Courts and of the Supreme Court of the United States who are members of the California Bar may become, with California Government confirmation, a member of the California Supreme, Superior, or Municipal Courts.

12. The California Government may, in keeping with the procedure provided by law, provide reasonable financial assistance to all California citizens required and take all steps necessary to facilitate the completion of pending court cases concerning United States laws that applied in California pursuant to section 8. The sums required for the resolution of these cases shall be taken out of the general revenue fund.

Apportionment of Property and Debts

13. The California Government may conclude, with the Government of the United States, any agreement relating to the apportionment of the property and debts of the United states, and to any other matter susceptible of facilitating the application of this initiative.

Immigration

14. The California Government shall enact all necessary and proper laws in the matters of immigration.
pursuant to section 9, All prior laws concerning immigration and previously approved in the affirmative by California voters are enacted, in there entirety, upon passage of this initiative.

Military

15. The California Government shall be authorized to contract with the US military for its external defenses. If the California Government deems the contractual terms to be unacceptable, the California Government shall be authorized to purchase, construct, and contract a military for its internal and external defenses.

Postal Service

16. The California Government shall be authorized to contract with the United States Postal Service for internal and external postal services for the California Republic. Should contractual terms be deemed unacceptable to the California Government, it shall be authorized to purchase, construct, and contract a postal service.

Referendum

17. This initiative shall be submitted to a referendum.
This initiative may not come into force unless a majority of the votes cast by the voters in a referendum, held in accordance with the California laws, on the following question are cast in the affirmative: "California is to resume it's status as an independent nation by withdrawing from all treaties, compacts with the United States of America: YES or NO"


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