Constitution of California
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Search complete. 40 mentions across 30 episodes found for "Constitution of California".
Oct 9, 2026
John FleischmanSOUNDBITE_SPEAKER
There is language in both of these measures that if these measures pass, and the billionaire tax passes, would kill the billionaire tax.
John FleischmanSOUNDBITE_SPEAKER
There's a, a, in the California State Constitution, there's a provision that says that if two measures are on the ballot at the same time, but they have conflicting provisions in even part of it, the one that gets the most votes gets enacted, and the one that gets fewer votes does not, even if technically both of them got over 50% of the vote.
John FleischmanSOUNDBITE_SPEAKER
Currently, right now, Propositions 41 and 42 are polling higher than the no vote on, th- than the yes vote on, on, on Prop 40.
John FleischmanSOUNDBITE_SPEAKER
Uh, Sergey Brin, uh, the, one of the billionaires who's heavily impacted, spent a lot of money to put these two measures on the ballot, and in and of themselves they do great things.
John FleischmanGUEST
There's language in both of these measures that if these measures pass, and the billionaire tax passes, would kill the billionaire tax.
John FleischmanGUEST
There's a, a, in the California State Constitution, there's a provision that says that if two measures are on the ballot at the same time, but they have conflicting provisions in even part of it, the one that gets the most votes gets enacted, and the one that gets fewer votes does not, even if technically both of them got over 50% of the vote.
John FleischmanGUEST
Currently, right now, Propositions 41 and 42 are polling higher than the no vote on...
John FleischmanGUEST
Th- than the yes vote on, on, on Prop 40.
Larry ElderHOST
They said it was undemocratic.
Larry ElderHOST
Undemocratic? It's in the California Constitution.
Larry ElderHOST
By then, Trump's remarks, writes the LA Times, had already drawn fierce condemnation from California leaders, including Republican Jim Desmond A Navy vet running in a highly competitive race that is key to helping Republicans retain control of Congress.
Larry ElderHOST
Here's what Desmond said, "I vehemently disagree with President Trump's comments.
Larry ElderHOST
They said it was undemocratic.
Larry ElderHOST
Undemocratic? It's in the California Constitution.
Larry ElderHOST
By then, Trump remarks, writes the LA Times, had already drawn fierce condemnation from California leaders, including Republican Jim Desmond A Navy vet running in a highly competitive race that is key to helping Republicans retain control of Congress.
Larry ElderHOST
Here's what Desmond said, "I vehemently disagree with President Trump's comments.
Philip DubéGUEST
And when they were convicted, because of that opinion, the state Supreme Court heard a, a petition on a writ of habeas corpus from counsel for the Mansons and set aside the death verdicts.
Philip DubéGUEST
And apparently the California State Constitution was in accord And then of course, I think it was five or six years later when all the states got their act together to rewrite the death penalty statutes so that they were more uniformly and even-handed, uh, even-handedly applied, they were able to reinstate the death penalty, but not retroactively.
Philip DubéGUEST
So if you were one of the fortunate people, or condemned, uh, in that window from, like, '71 to '77, your death verdict got commuted to life in prison with parole.
Philip DubéGUEST
Not without, but with parole.
Randy WangHOST
And it's very confusing because there's a lot of things on the ballot, and in fact, uh, later this week, we have a very special episode of the Accountability Podcast with John Fleischman talking about everything that is on the ballot, all of these statewide propositions.
Randy WangHOST
And what you need to know is Prop 41 and 42 are the anti-billionaire tax measures, and the way that the California Constitution is written, if either of those gets more votes than the billionaire tax, it wipes out the billionaire tax.
John PhillipsHOST
Uh, what's weird to me about the spending among the billionaires is that they're willing to come in heavy on this, on the statewide ballot initiative, but they won't lay the groundwork so there's an organization that's well-funded to fight these things and to cut them off at the pass.
John PhillipsHOST
So for example, if there was a well-funded California Republican Party that was professionalized, that had different operations in each of the counties that were also professional, if the Howard Jarvis Taxpayers Association had more money to fight these things, if you had some organization that found Matt Mahans to run in all the big cities where you could beat the DSA at that municipal level, a lot of these problems would be taken care of before it reaches this critical mass, and there's an initiative that could force all of you out of the state on the ballot.
Aharon FriedmanGUEST
Um, then the other uncertainty is the point you made, is that there's a provision in here that the legislature could amend the BTA, um, and that the, one of the, the, the issues there is that they could amend the BTA if consistent with the purposes of the BTA, and it's very hard to determine what that really means.
Aharon FriedmanGUEST
So, for example, um, the constitutional protections against certain types of taxation that California has in the California Constitution as a matter of California law, such as Proposition, uh, 13 with regard to property taxes, right? This could be open season on that if the BTA passes.
Aharon FriedmanGUEST
So it's not just billionaires.
Aharon FriedmanGUEST
The legislature could take this to circumvent the, uh, basically all the protections in the California Constitution, and w- would a court uphold that and say, "Well, that's consistent with the purposes of BTA"? Very, very hard to say.
Aharon FriedmanGUEST
Um, but I think Ben could elaborate more on how all this uncertainty, uh, would affect the behavior of Californians who make up a large part of California's income tax base, and whether they might decide to leave.
Will SwaimHOST
So Ben-
John FleischmanGUEST
There is language in both of these measures that if these measures pass and the billionaire tax passes, would kill the billionaire tax.
John FleischmanGUEST
There's a, a, in the California State Constitution, there's a provision that says that if two measures are on the ballot at the same time, but they have conflicting provisions in even part of it, the one that gets the most votes gets enacted, and the one that gets fewer votes does not, even if technically both of them got over 50% of the vote.
John FleischmanGUEST
Currently, right now, Propositions 41 and 42 are polling higher than the no vote on, th- than the yes vote on, on, on Prop 40.
John FleischmanGUEST
Uh, Sergey Brin, uh, the, one of the billionaires who's heavily impacted, spent a lot of money to put these two measures on the ballot, and in and of themselves, they do great things.
Randy WangHOST
And it's very confusing, because there's a lot of things on the ballot, and in fact, uh, later this week we have a very special episode of The Accountability Podcast with John Fleischman talking about everything that is on the ballot, all of these statewide propositions.
Randy WangHOST
And what you need to know is Prop 41 and 42 are the anti-billionaire tax measures, and the way that the California Constitution is written, if either of those gets more votes than the billionaire tax, it wipes out the billionaire tax.
John PhillipsHOST
Uh, what's weird to me about the spending among the billionaires is that they're willing to come in heavy on this, on the statewide ballot initiative, but they won't lay the groundwork so there's an organization that's well-funded to fight these things and to cut them off at the pass.
John PhillipsHOST
So for example, if there was a well-funded California Republican Party that was professionalized, that had different operations in each of the counties that were also professional, if the Howard Jarvis Taxpayers Association had more money to fight these things, if you had some organization that found Matt Mahanes to run in all the big cities where you could beat the DSA at that municipal level, a lot of these problems would be taken care of before it reaches this critical mass and there's an initiative that could force all of you out of the state on the ballot.
John FleischmanGUEST
There's a, a...
John FleischmanGUEST
In the California State Constitution, there's a provision that says that if two measures are on the ballot at the same time, but they have conflicting provisions in even part of it, the one that gets the most votes gets enacted, and the one that gets fewer votes does not, even if technically both of them got over 50% of the vote.
John FleischmanGUEST
Currently, right now, Propositions 41 and 42 are polling higher than the no vote on...
John FleischmanGUEST
Th- than the yes vote on, on, on Prop 40.
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