Art. III, § 3.5

Administrative agencies and unconstitutional statutes

Limit The Governor & Executive Art. III · State of California

Official text rightpowerlimitif conditionlegal term

An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power:

(a) To declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations.

History: Sec. 3.5 added June 6, 1978, by Prop. 5. Res.Ch. 48, 1977.

Simplified explanation

An administrative agency has no power to declare a statute unconstitutional, or to declare a statute unenforceable or refuse to enforce it as unconstitutional or barred by federal law, unless an appellate court has so determined.