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What Is The Process To Calexit – Legally

Below are a chart and a video that explain the FULLY LEGAL process for California to secede from America.

EXAMINE: MAP SHOWING PROCESS TO LEGALLY CALEXIT

THREE SEPERATE CALFORNIA ATTORNEYS GENERAL – APPROVED OF THE BALLOT INITIATIVE TO CALL FOR A CALEXIT.

California Attorney General Kathleen Kenealy January 10 2017

California Attorney General Xavier Becerra July 10 2017

California Attorney General Kamala Harris August 28,2015

WATCH: HOW TO CALEXIT – THE DOCUMENTARY

DOWNLOAD: “Golden Guide to Independence” POLICY GUIDE

(How To Calexit is on page 158)

READ: PROCESS TO ACHIEVE CALEXIT – (SCRIPT+ REFERENCES)

PART 1 – CALIFORNIA LAW ON SECESSION:

  • Any California resident can file an initiative with the California government to propose a new law.
  • An initiative that would have put a question on the ballot for voters to consider “if California should be independent from America” – has been submitted and accepted three times by the California government. Using this process.
  • Three separate California Attorneys General have approved separate initiatives calling for a vote on a Calexit.
  • On the ballot you can ask California voters if they want California to secede.
  • Californians would need to vote over half in support of the question, for the measure to pass.
  • This act alone doesn’t make California independent.  

PART 2 – FEDERAL LAW ON SECESSION

PART A

PART B

  • SCOTUS has only looked at secession one time, in “Texas V White”, and said it is legal with “consent of the states”.
  • Most of the time, the media focuses on the part that says you can’t unilaterally secede, which is true.  But this other fact is also true.
  • Texas V White was decided by Salmon Chase, who was directly appointed by Abraham Lincoln.
  • Additionally, Lincoln himself said in his first inaugural address that this form of secession was legal.
  • First Inaugural Address of Abraham Lincoln on Monday, March 4 1861, by Yale Law School
  • Again: If the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it–break it, so to speak–but does it not require all to lawfully rescind it?
  • It follows from these views that no State upon its own mere motion can lawfully get out of the Union;
  • I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States. Doing this I deem to be only a simple duty on my part, and I shall perform it so far as practicable unless my rightful masters, the American people, shall withhold the requisite means or in some authoritative manner direct the contrary.
  • The Chief Magistrate derives all his authority from the people, and they have referred none upon him to fix terms for the separation of the States. The people themselves can do this if also they choose, but the Executive as such has nothing to do with it.

PART C

PART D

PART E

PART F

PART 3 – BRINGING IT ALL TOGETHER

PART A

  • The initiative suggests that California appoint its own representative with the express function to appeal to Congress for a vote to leave.
  • Because of Hiram Johnson in 1911 – over 100 years ago, Californians directly have radical power in the initiative process. The economist magazine called it the most powerful in all the world. 
  • We can ignore every politician in Sacramento not supporting this vote and it can still pass and become law, and by law the California government will be compelled to fulfill the elements of the new law. 
  • Origin of the species: From Athens via Switzerland to the Wild West, The Economist, Apr 23rd 2011
  • “California is also unique, in America and the world, in treating every successful initiative as irreversible (unless the initiative itself says otherwise).”
  • https://calmatters.org/politics/2018/10/who-created-california-initiative-process/
  • “Hiram W. Johnson championed the initiative process in California.”

PART B

  • OF course, many politicians will obviously support the idea of California independence, if the initiative is passed by a majority in California – and their support will be welcomed by all lovers of independence. 
  • Republicans in Congress will vote for the measure to some degree. 
  • Hopefully Republicans approve the request – California accepts the offer (by virtue of the public initiative that passed a vote) and legally, a path is cleared for California to begin formal negotiations for independence.
  • The timeline could look like this:
  • https://elections.cdn.sos.ca.gov/ballot-measures/pdf/statewide-initiative-guide.pdf
  • STEP 1 – Filing the initiative with the Attorney General
  • 2 MONTHS till approved to collect signatures for initiative
  • 5 MONTHS / 180 days to collect signatures from public to qualify initiative for the ballot
  • 3 MONTHS / 131 days later, if enough signatures collected, the initiative can be placed on the ballot or next election after.

PART C

  • If Californians vote for the initiative once it is on the ballot – it could be enacted immediately, and representatives sent to Congress to petition for independence.
  • The only study on peaceful initiatives says that they usually take 2 – 4 years maximum of negotiation to finalized the details.
  • This is because politicians have to be re-elected, the study argued. Years later, this is exactly how Brexit played out.
  • http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1057&context=economicsperg_ppe 
  • Page 2 __ “negotiations … are fast”
  • Page 13 __ “Negotiations about secession are not protracted. When a unit breaks  up  peacefully, the two sides disengage quickly”
  • https://www.washingtonpost.com/world/2022/08/15/boris-johnson-brexit-legacy/
  • “With “get Brexit done” as his slogan, Johnson led his party to a landslide election victory. He succeeded where his predecessor, Theresa May, had failed in getting a deal passed in Parliament and finalized with the Europeans.”
  • This is incredibly fast as far as creating new nations goes.
  • While it doesn’t stop any bad ideas from the federal government being enacted in California immediately – it would signal to the federal government that perhaps it should not be as rough as it could be about enforcing rules considering the state is about to have a credible vote for secession. Additionally, holding a vote will rally the California public and their elected officials to resist greater any policies from the Federal government deemed horrible. California resisted greatly the administration of Donald Trump at both the people level, up to shutting down entire freeways, and government level and it would do that again on steroids.

PART 4 – CAN’T LOSE

PART A

PART B

PART C

PART D

PART E

  • Republicans vote in a higher percentage to let CA leave.
  • The cycle repeats as the USA continues to politically divide to levels, according to some professors, not seen since before the Civil War.
  • https://www.hks.harvard.edu/wiener-conference-calls/robert-putnam#transcript-1635546
  • In fact, we’re probably more polarized than we have been at any period in American history with the exception, but it’s not a big exception. In measured terms it’s only a little more polarized of 1860 to 1865. America is—except in our Civil War—we’ve never been as divided politically as we are today.

PART F

  • For comparison. The right for women to vote was first proposed in Congress in 1878, and not passed until 1920. But each attempt brought women’s rights advocates closer to success by raising awareness.

PART G

PART H

  • This is exactly what happened with Women’s right to vote legislation at the Federal level.
  • Also, a key reason that the Marijuana initiative passed was because an “angel donor” gave millions of dollars to help hire signature gatherers so that initiative would qualify for a vote. 
  • The initiative to ban Gay Marriage also received a angel donor who spent over a million dollars in California to stop the initiative.
  • Both initiatives received angel donors because they had been promoting this idea for years, and these two billionaires heard about it.
  • https://www.businessinsider.com/sean-parker-legalize-marijuana-california-2016-11
  • “Those in favor of the decision owe a big thanks to billionaire Silicon Valley fixture Sean Parker. The former Facebook president and founder of Napster contributed $8.5 million to the effort to legalize recreational marijuana in California.”
  • https://www.sfgate.com/bayarea/article/wealthy-gay-men-backed-anti-prop-8-effort-3261864.php
  • “Bohnett, who gave $1.2 million to the effort to block Prop. 8”
  • Having angel donors support your initiative so that it qualifies for the ballot –  is completely legal and happens with almost every initiative that passes in California.  

PART 5 – IN SUMMARY:

  • File the initiative – that is publicly available.
  • If it doesn’t get enough signatures – file, it again and use it as a chance to educate more people.
  • When you get enough signatures – it goes for a vote.
  • If you get enough votes if goes to Congress.
  • If you don’t get enough votes in Congress – file, it again and use it as a chance to educate more people.
  • If you get to Congress and Republicans vote for it – start negotiations for independence.
  • If you get to Congress and Republicans don’t vote for it enough – file it again and count on American continuing to decline and California to continue to upset traditional Republicans in most American states.

TEXT TO FILE FOR INITIATIVE

TEXT (YOU CAN) FILE FOR INITIATIVE

SAMPLE COVER LETTER:

ATTORNEY GENERAL

Xavier Becerra, Attorney General

ATTN: Initiative Coordinator

P.O. Box 944255 Sacramento, CA 94244-2550

July 3, 2020

Re: request for title and summary

Pursuant to Article II, Section 10(d) of the California Constitution, this letter respectfully

requests that the Attorney General prepare a circulating title and summary of the

enclosed ballot measure: “Calexit: The California Independence Plebiscite of 2024,”

which amends the Government and Elections Code.

Also enclosed are the required signed statements pursuant to California Elections Code

9001 and 9608, and a check in the amount of $2000.

Please direct all inquiries and correspondence regarding this proposed initiative to:

Marcus Ruiz Evans

President, Yes California Independence Campaign

6083 N. Figarden Drive, #356

Fresno, California, 93722

[email protected]

An act to add Article 6 to Chapter 1 of Division 1 of Title 1 of

the Government Code, relating to the establishment of a

commission of inquiry on California sovereignty and independence

from the United States of America, and Division 22 to the

Elections Code, relating to an independence plebiscite.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. THE INDEPENDENCE PLEBISCITE OF 2024

Division 22 is hereby added to the Elections Code, to read:

DIVISION 22. THE INDEPENDENCE PLEBISCITE OF 2024

22002. On November 5, 2024, the election date for even-year

statewide elections established by Division 1 of this Code,

the Secretary of State shall submit the following

independence plebiscite question to the voters:

“Should California leave the United States and

become a free and independent country?”

22003. The words “Yes” and “No” on separate lines with an

enclosed voting space to the right of each shall be placed

to the right of the independence plebiscite question.

22004. The independence plebiscite shall constitute a vote

of no confidence in the United States of America and an

expression of the will of the people of California to

become a free and independent country if both of the

following conditions are met:

(1) At least 50% of registered voters participate.

(2) At least 55% vote “Yes.”

22005. Pursuant to the conditions in Section 22004 having

been met, the independence plebiscite shall be deemed

approved by the voters of this state. As a result, the will

of the people of California to establish a free and

independent country shall be in the public record.

22006. Pursuant to the conditions in Section 22004 having

been met, neither California’s system of government nor its

relationship with the United States shall change.

22007. Pursuant to the conditions in Section 22004 having

been met, the United States national flag shall be removed

from public display at all California government buildings,

including the State Capitol, and at all public properties

under the jurisdiction of the California state government.

22008. The California state flag shall thereafter be

displayed in position of first honor at all California

government buildings, including the State Capitol, and at

all public properties under the jurisdiction of the

California state government.

22009. For the fiscal year starting July 1, 2024, the

Governor shall include in the Governor’s Budget submitted

to the Legislature pursuant to Section 12 of Article IV of

the California Constitution amounts of funding necessary

for the Independence Plebiscite to be held pursuant to the

provisions of this act.

22010. The Legislature shall make the necessary

appropriation in the budget act for the fiscal year

starting July 1, 2024 to ensure the independence plebiscite

question is added to the 2024 election ballot in accordance

with the provisions of this act.

SECTION 2. THE CALIFORNIA COMMISSION ON NATIONAL SOVEREIGNTY AND

INDEPENDENCE FROM THE UNITED STATES OF AMERICA

The following Article is hereby added to Chapter 1 of Division 1

of Title 1 of the Government Code, as follows:

ARTICLE 6. THE CALIFORNIA COMMISSION ON NATIONAL SOVEREIGNTY

AND INDEPENDENCE FROM THE UNITED STATES OF AMERICA [220-225]

220. ESTABLISHMENT OF THE COMMISSION.

220.1 The Commission on National Sovereignty and Independence

from the United States of America (in this Article

referred to as the “Commission”) is hereby established as

an independent, nonpartisan commission of inquiry.

220.2 It is the sense of the people of California that

individuals serving on the Commission should be prominent

residents of the state with significant depth of

experience in such professions as governmental service,

law, public administration, economics, commerce, business,

civil rights, academics, and history.

220.3 It is the intent of the people of California to create a

Commission that is independent from legislative influence

and reasonably representative of the state’s diversity.

221. PURPOSE AND FUNCTION.

221.1 The purpose and function of the Commission is to prepare a

complete public report on California sovereignty and

independence from the United States of America, and to

specifically:

a) ascertain, evaluate, and report on the current ability of

the State of California to govern itself independently

should the need arise due to an unforeseen collapse of the

United States government, open rebellion, revolution, or in

the event of civil war.

b) ascertain, evaluate, and report on the future economic and

political viability of California as an independent

country, including its ability to defend itself;

c) ascertain, evaluate, and report on the global use of

ranked-choice voting and other proportional representation

systems, and recommend which, if any, should be established

in the event California becomes an independent country;

d) study, evaluate, and report on the global use of

plebiscites as a peaceful means to obtaining independence;

e) analyze and report to the public on its findings,

conclusions, and recommendations.

222. COMPOSITION OF THE COMMISSION.

1.1 The Commission shall be composed of 20 members, of whom –

(1) Ten (10) shall be male

(2) Ten (10) shall be female

(3) Eight (8) shall identify as “Latino.”

(4) Seven (7) shall identify as “Caucasian.”

(5) Three (3) shall identify as “Asian.”

(6) One (1) shall identify as “African American.”

(7) One (1) shall identify as “Other” race

223. QUALIFICATIONS AND DISQUALIFICATIONS TO SERVE.

223.1 An individual may not serve on the Commission if he or she

is an officer or employee of the Federal Government of the

United States, or any State or local government.

223.2 The people of California hereby establish the following

additional criteria for serving on the Commission:

a) No person shall be eligible to serve on the

Commission who has not been a resident of the State

of California for at least five (5) years immediately

preceding November 8, 2022.

b) No person shall be eligible to serve on the

Commission who has not earned a degree from an

institution accredited by the University of

California.

c) No person shall be eligible to serve on the

Commission who, within the 10 years immediately

preceding November 8, 2022, neither the applicant,

nor a member of his or her immediate family, may have

done any of the following:

(1) Been appointed or elected to any federal or

state office, or

(2) Served as an officer, employee, or paid

consultant of a qualified political party or

of the campaign committee or a candidate for

elective federal or state office, or

(3) Served as a member of a qualified political

party central committee, or

(4) Been a registered federal, state, or local

lobbyist, or,

(5) Served as paid congressional, legislative, or

Board of Equalization staff member, or

(6) Contributed $2,000 or more to any

congressional, state, or local candidate for

elective public office.

d) No person shall be eligible to serve on the

Commission who were staff or consultants to, persons

under a contract with, or any person with an

immediate family relationship with the Governor, a

member of the Legislature, a current or former member

of the United States Congress, or a member of the

State Board of Equalization.

(1) As used in the above subdivision d, a member of

a person’s “immediate family” is one with whom

the person has a bona fide relationship

established through blood or legal relations,

including parents, children, siblings, and in-

laws.

224. CANDIDATE APPLICATION PROCESS

224.1 Any person qualified to serve on the Commission pursuant

to Section 223 of this Act may declare their candidacy by

submitting to the Secretary of State an application of

interest that is substantially biographical in nature.

224.2 The application of interest shall include, but shall not

be limited to, each of the following biographical pieces

of information, but may contain any such information

deemed necessary and appropriate by the Secretary of

State:

a) Full legal name

b) Date of birth

c) Sex as indicated on birth certificate

d) Race (options shall be limited to: “Latino,” “Caucasian,”

“Asian,” “African-American,” “Other” and applicants shall

be instructed to choose the category that best represents

their race.)

e) Current home address

f) Date California residency established

g) Name of educational institution attended

h) Dates attended and date of graduation

i) Type and field of degree earned

224.3 The Secretary of State shall additionally create

declarations under penalty of perjury affirming the above

information, as well as affirming that the applicant is in

fact eligible to serve on the Commission (is not

disqualified per Section 223 of this Act) to be signed

before a witness at the time of application.

224.4 The applicant shall be required to submit a copy of his or

her birth certificate, passport, driver license, or other

government-issued document verifying the applicant’s name,

date of birth, and sex.

224.5 The applicant shall be required to submit a copy of his or

her driver’s license or other government-issued document

verifying the applicant’s current home address.

224.6 The applicant shall be required to submit a copy of his or

her degree, transcripts, or other documents issued by the

educational institution verifying the applicant received a

degree upon their successful completion of study.

224.7 The applicant shall be required to submit the names,

addresses, and signatures of a hundred registered voters,

who, by providing their signatures, nominate the applicant

as a candidate to serve on the Commission.

224.8 The Secretary of State shall establish a process

substantially similar to the process by which a candidate

is nominated as a candidate for elective office by

petition, including a procedure to verify signatures.

225. SELECTION PROCESS

225.1 The Secretary of State, using data obtained from the

applicants’ applications of interest, shall create a

master pool of candidates from which twenty will be

randomly chosen.

225.2 The random selection of candidates shall take place

substantially in the following manner:

a) Applicants shall be categorized based on the

biographical information provided in their applications

of interest such so that each candidate is categorized

into the appropriate age and race groups.

b) The applicants shall first be divided into a male pool

and a female pool of candidates.

c) Using racial data obtained from the male applicants’

applications of interest, 4 Latino, 3 Caucasian, 2

Asian, and 1 Other shall be selected randomly from the

male pool of candidates, so that there are ten males

fairly representative of California’s racial diversity.

d) Using racial data obtained from the female applicants’

applications of interest, 4 Latino, 4 Caucasian, 1

Asian, and 1 African American shall be selected randomly

from the female pool of candidates, so that there are

ten females fairly representative of California’s racial

demographic.

225.3 The Commission shall therefore consist ten male (50%) and

ten female (50%), of which eight are Latino (40%), seven

are Caucasian (35%), three are Asian (15%), one is African

American (5%), and one is Other (5%).

226. MEETINGS; PUBLICATION OF REPORT.

226.1 The Commission shall meet and begin the operations of the

Commission as soon as practicable, but no later than

August 1, 2023, and conclude its work and publish its

report no later than August 1, 2024.

226.2 The Commission shall include in its final report a summary

of its findings, conclusions, and recommendations

specifically to be published in the Secretary of State’s

official Voter Information Guide for the 2024 Statewide

General Election.

227. QUORUM; VACANCIES.

227.1 After its initial meeting, the Commission shall meet upon

the call of the chairman, whom shall be elected together

with the vice chairman (as well as any other officers

deemed necessary by the members) during their first

meeting, or a majority of its members. Twelve members of

the Commission shall constitute a quorum.

227.2 Any vacancy in the Commission shall not affect its powers

but shall be filled in the same manner in which the

original vacancy was filled.

228. POWERS OF COMMISSION.

228.1 The Commission or, on the authority of the Commission, any

subcommittee or member thereof, may, for the purpose of

carrying out this Article:

a) hold such hearings and sit and act at such times

and places, take such testimony, receive such

evidence, administer such oaths; and

b) require, by subpoena or otherwise, the attendance and

testimony of such witnesses and the production of such

books, records, correspondence, memoranda, papers, and

documents, as the Commission or such designated

subcommittee or designated member may determine advisable.

229. SUBPOENAS.

229.1 In general, a subpoena may be issued under this subsection

only:

a) by the agreement of the chairman and the vice chairman; or

b) by the affirmative vote of 11 members of the Commission.

229.2 Subject to clause (a), subpoenas issued under this

subsection may be issued under the signature of the

chairman or any member designated by a majority of the

Commission, and may be served by any person designated by

the chairman or by a member designated by a majority of

the Commission.

229.2 In the case of contumacy or failure to obey a subpoena

issued under this Act, the United States district court

for the judicial district in which the subpoenaed person

resides, is served, or may be found, or where the subpoena

is returnable, may issue an order requiring such person to

appear at any designated place to testify or to produce

documentary or other evidence.

229.3 Any failure to obey the order of the court may be punished

by the court as a contempt of that court.

230. COMPENSATION FOR MEMBERS OF THE COMMISSION.

230.1 The members of the Commission shall be compensated at the

rate of three hundred thirty-five dollars ($335) for each

day the member is engaged in Commission business.

230.2 The members of the Commission shall be eligible for

reimbursement of personal expenses incurred in connection

with the duties performed pursuant to this act. A member’s

residence is hereby deemed to be the member’s post of duty

for purposes of reimbursement of expenses.

231. APPROPRIATIONS OF STATE FUNDS FOR COMMISSION.

231.1 For the fiscal year starting July 1, 2023, the Governor

shall be included in the Governor’s Budget submitted to the

Legislature pursuant to Section 12 of Article IV of the

California Constitution amounts of funding for the

Commission established by this act that is sufficient to

meet the Commission’s estimated expenses.

231.2 The Legislature shall make the necessary appropriation in

the budget act for the fiscal year starting July 1, 2023

to ensure the Commission may start and complete its work

on time.

231.3 The Governor shall make adequate office space available

for the operation of the Commission.

LAST PAGE – SEPARATE PAGE

I, ________________________, declare under penalty of perjury that I am a citizen of the

United States, 18 years of age or older, and a resident of ___________ county, California.

I, ___________________________, acknowledge that it is a misdemeanor under state law

(Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on

an initiative petition to be used for any purpose other than qualification of the proposed

measure for the ballot.

I certify that I will not knowingly or willfully allow the signatures for this initiative to be

used for any purpose other than qualification of the measure for the ballot.

_________________________________

(Signature of Proponent)

Dated this ______ day of ______, 20_____

AUTHORS

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