1849 California Constitution

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Posted by Paul Andrew Mitchell, B.A., M.S. on September 12, 1998 at 17:25:20:

In Reply to: Re: Peace vs. Police posted by New Kid on September 12, 1998 at 12:46:57:

: [*][ I have recently come across a case filed in the Superior Court of Los Angeles documenting the repeal of the 1879 California Constitution. It does not exist and has not since 1970. I intend to follow up with the documentation they provide as evidence of the fact. If they did it here, they could have done it else where.]

We found similar evidence in the implementing
statute for the 1879 California Constitution,
which statute had been repealed.

What else do you have on this key point?

Readers unfamiliar with this issue should
know that the original California state
Constitution was ratified by California
voters in the year 1849, when California
first joined the Union.

One of the signatories was Mr. Pablo de la
Guerra, who later became a California state
judge, and then Respondent in the case of
People v. De La Guerra, quoted in the book
"The Federal Zone."

The argument for the Respondent in that case
was published along with the California
Supreme Court's decision: it is here that
Judge De La Guerra correctly constructs
the meaning of "Citizen of the United States"
in the Qualifications Clauses. It means
"Citizen of ONE OF the States United",
because the term "United States" in these
Clauses means "States United" [sic].

Other bibliographic evidence reiterates
the use of the term "ONE OF" to differentiate
the two classes of citizenship in America.

See also my analysis of certain clauses from
the 1849 California Constitution, in the
Petition for Leave to File Enlarged Brief,
in USA v. Gilbertson in the Supreme Law
Library, at URL:


Copies of the 1849 California Constitution
remain extant. Try Richard McDonald's
website at URL:


Sincerely yours,

/s/ Paul Andrew Mitchell, B.A., M.S.

Counselor at Law, Private Attorney General

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