WHEREAS, The United States Constitution guarantees that every state in the Union has a republican form of government and that every four years each state appoints a number of electors reflective of their congressional representation and at an appointed time, the electors meet and vote for the President of the United States of America reflecting their respective voters in each of the states; and

WHEREAS, The Union is much older than the Constitution, formed and matured and continued by the blood, sweat, and tears of millions of men and women who desired for a strong government and perpetual nation of states to form a more perfect Union; and

WHEREAS, Citizens of the United States are protected in their speech and writing and are allowed to peaceably assemble, to petition the government for a redress of grievances, and to participate in elections by secret ballot which many refer to as a sacred right; and

WHEREAS, Despite the best of intentions, the country has had many divisive campaigns during its history of elections, seemingly tearing at the fabric of our country, fraying relationships with friend and foe, alike; and

WHEREAS, The 2016 election for the President of the United States will be remembered as the first time a female candidate was named the nominee of a major political party; but in other ways was not all that different from many contentious campaigns of the past and will be remembered for the ages for its intensity, partisanship, and rancorous debate; and

WHEREAS, The voters asked the Electoral College through free and fair elections to elect a populist candidate with no previous political experience into the White House, shunning an established candidate with decades of public service credentials, stunning observers and pundits alike; and

WHEREAS, Because the United States was founded on the principles of liberty and justice with all persons being equal under the law and entitled to the pursuit of happiness, the President-elect is expected to work through a peaceful transition of power a hallmark of our democracy as he has called on America to bind the wounds of division, asking all Republicans, Democrats, and Independents across the nation to come together as one united people; and

WHEREAS, Those whose electoral desires did not come to pass, should avoid the calls for political violence, of riots in the streets, arson, vandalism, and physical assaults; and

WHEREAS, Our fellow citizens are encouraged to unite with one heart and one mind and restore to social intercourse that harmony and affection without which liberty, and even life itself, are but dreary things; and

WHEREAS, Every difference of opinion is not a difference of principle and it is possible to fashion a country that is exceptional once more; and

WHEREAS, Upon the oath of office, the people expect that the President they ceded power to will faithfully execute the office to the best of his or her ability and to preserve, protect, and defend the Constitution of the United States; and

WHEREAS, Historically, the office of the President changes the man more than the man changes the office and that every person who has held the highest office in the land realizes the import of the office and understands better the consequences of their words and actions, humbled by the obligations of the nation and a free world before them; and

WHEREAS, True to our nations motto e pluribus unum the United States was and continues to be built by people of all ethnic, racial, gender, religious, and socioeconomic backgrounds and is celebrated for its tolerance, diversity, and freedom, the President-elect has reached out to people who did not support him for their guidance, so they can work together and unify our great country; and

WHEREAS, When the President-elect defeated a formidable opponent who was distinguished as a former First Lady, United States Senator, and Secretary of State, the vanquished candidate reached out to the President-elect and graciously offered to work with him, and expressed hope that he will be a successful president for all Americans, despite noting that our nation is more deeply divided then she realized; and

WHEREAS, The current, termed-out President called on Americans to move forward and reminded the country that we are all on the same team, reiterating the sentiments of his forbearers, that we are not enemies, but friends. Though passion may have strained the fabric of our country, we must not break our bonds of affection and envelope the better angels of our nature; and

WHEREAS, California is home to the largest population of immigrants in the United States whose contributions help to drive this state to be the most economically successful and prosperous in the nation; and

WHEREAS, The President-elects movement was made up of Americans from all races, religions, backgrounds, and beliefs; now, therefore, be it

Resolved by the Senate of the State of California, That the Senate congratulates the President-elect in the strongest terms possible on his historic victory; and be it further

Resolved, That the Senate hopes for the peaceful transition of power in the United States, that the incoming Presidency will be a success, and that the President-elect will take his responsibilities seriously to ensure a strong and unified America; and be it further

Resolved, That the Senate pledges to work with the President-elect to ensure that the United States remains a world leader in economics, trade, and freedom; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.

 THIRD READING 

Bill No: SR 8

Author: Moorlach (R)

Introduced: 12/5/16

Vote: Majority

SUBJECT: The peaceful transition of power in the United States

SOURCE: Author

DIGEST:

This resolution resolves that the Senate congratulates the President-elect in the strongest terms possible on his historic victory; hopes for the peaceful transition of power in the United States, that the incoming Presidency will be a success, and that the President-elect will take his responsibilities seriously to ensure a strong and unified America; and pledges to work with the President-elect to ensure that the United States remains a world leader in economics, trade, and freedom.

ANALYSIS: This resolution makes the following legislative findings:

1. The United States Constitution guarantees that every state in the Union has a republican form of government and that every four years each state appoints a number of electors reflective of their congressional representation and at an appointed time, the electors meet and vote for the President of the United States of America reflecting their respective voters in each of the states. The Union is much older than the Constitution, formed and matured and continued by the blood, sweat, and tears of millions of men and women who desired for a strong government and perpetual nation of states “to form a more perfect Union.
2. Citizens of the United States are protected in their speech and writing and are allowed to peaceably assemble, to petition the government for a redress of grievances, and to participate in elections by secret ballot which many refer to as a sacred right.
3. The 2016 election for the President of the United States will be remembered as the first time a female candidate was named the nominee of a major political party; but in other ways was not all that different from many contentious campaigns of the past and will be remembered for the ages for its intensity, partisanship, and rancorous debate.
4. The voters asked the Electoral College through free and fair elections to elect a populist candidate with no previous political experience into the White House, shunning an established candidate with decades of public service credentials, stunning observers and pundits alike.
5. Because the United States was founded on the principles of liberty and justice with all persons being equal under the law and entitled to the pursuit of happiness, the President-elect is expected to work through a peaceful transition of power — a hallmark of our democracy — as he has called on America to bind the wounds of division, asking all Republicans, Democrats, and Independents across the nation to come together as one united people.
6. Those whose electoral desires did not come to pass, should avoid the calls for political violence, of riots in the streets, arson, vandalism, and physical assaults. Every difference of opinion is not a difference of principle and it is possible to fashion a country that is exceptional once more.
7. Upon the oath of office, the people expect that the President they ceded power to will faithfully execute the office to the best of his or her ability and to preserve, protect, and defend the Constitution of the United States.
8. True to our nation’s motto — e pluribus unum — the United States was and continues to be built by people of all ethnic, racial, gender, religious, and socioeconomic backgrounds and is celebrated for its tolerance, diversity, and freedom, the President-elect has reached out to people who did not support him for their guidance, so they can work together and unify our great country.
9. The President-elect’s movement was made up of Americans from all races, religions, backgrounds, and beliefs.

This resolution resolves that the Senate:

1. Congratulates the President-elect in the strongest terms possible on his historic victory.
2. Hopes for the peaceful transition of power in the United States, that the incoming Presidency will be a success, and that the President-elect will take his responsibilities seriously to ensure a strong and unified America.
3. Pledges to work with the President-elect to ensure that the United States remains a world leader in economics, trade, and freedom.

Background

Presidential Transitions. All Americans have a stake in ensuring a peaceful, efficient and effective transition process between administrations, regardless of party or politics. The time in which the US government is handing over power is arguably the most vulnerable period in our democracy, and as President Barack Obama stated, “The peaceful transition of power is one of the hallmarks of our democracy.” Presidential transitions of power have existed since George Washington handed over the presidency to John Adams in 1797.

Today, presidential transitions are governed by the Presidential Transition Act of 1963, as amended by the Presidential Transitions Effectiveness Act of 1998, the Presidential Transition Act of 2000, and the Presidential Transitions Improvements Act of 2015. The Act establishes formal mechanisms to facilitate presidential transitions. Specifically, the Act directs the Administrator of General Services to provide facilities, funding of approximately five million dollars, access to government services, and support for a transition team, and to provide training and orientation of new government personnel and other procedures to ensure an orderly transition.

2016 Presidential Election. On November 8, 2016, voters across America went to the polls to elect the new President of the United States. Republican Donald Trump, despite losing the popular vote by nearly three million votes, won 304 electoral votes making him the President-elect. He will be sworn in as the 45^th President of the United States on January 20, 2017.

Comments

The 2016 Presidential election was a bitter, tumultuous election that exposed deep divisions within the nation. It was an unprecedented campaign full of dramatic twists and turns, including an on-again-off-again investigation by the Federal Bureau of Investigation into Hillary Clinton’s private email server, a tape of Donald Trump boasting about inappropriately touching women, reported election meddling by the Russian government, and the statement of then candidate Trump claiming he will only accept the election results if he wins.

Despite the rancor and discord surrounding the 2016 Presidential election a smooth and orderly transition is underway.

Concerns.

1. This resolution begins by making a legislative findings that “The United States Constitution guarantees that every state in the Union has a republican form of government and that every four years each state appoints a number of electors reflective of their congressional representation and at an appointed time, the electors meet and vote for the President of the United States of America reflecting their respective voters in each of the states.” This suggests that the electors are bound by the Constitution to cast a ballot for the candidate their respective state voted for. That simply isn’t true. Electors’ obligations are a matter of state law (and some controversy, though the U.S. Supreme Court has upheld state laws that say an elector must cast his/her electoral college ballot as “pledged,” that is, they must vote for the candidate that won their state).
2. This resolution resolves that the State Senate congratulates the President-elect on his “historic victory”. Historic in what sense? That nearly three million more Americans voted for another candidate?
3. This resolution resolves that the State Senate hopes for a “peaceful transition of power” However, the resolution offers no support to suggest otherwise and implying there is a threat of violence unnecessarily provokes fear and paranoia.

Hillary Clinton in her concession speech stated,

Last night, I congratulated Donald Trump and offered to work with him on behalf of our country. I hope that he will be a successful president for all Americans.

…

We have seen that our nation is more deeply divided than we thought. But I still believe in America and I always will. And if you do, then we must accept this result and then look to the future. Donald Trump is going to be our president. We owe him an open mind and the chance to lead. Our constitutional democracy enshrines the peaceful transfer of power and we don't just respect that, we cherish it. It also enshrines other things; the rule of law, the principle that we are all equal in rights and dignity, freedom of worship and expression. We respect and cherish these values too and we must defend them.

President Barack Obama on the election of the Donald Trump stated,

We are now all rooting for his success in uniting and leading the country. The peaceful transition of power is one of the hallmarks of our democracy. And over the next few months, we are going to show that to the world.

…

Now, everybody is sad when their side loses an election, but the day after we have to remember that we're actually all on one team. This is an intramural scrimmage. We're not Democrats first. We're not Republicans first. We are Americans first. We're patriots first.

We all want what's best for this country. That's what I heard in Mr. Trump's remarks last night. That's what I heard when I spoke to him directly. And I was heartened by that. That's what the country needs -- a sense of unity, a sense of inclusion, a respect for our institutions, our way of life, rule of law, and respect for each other.

I hope that he maintains that spirit throughout this transition. And I certainly hope that's how his presidency has a chance to begin.”

1. The author has stated that Senate Resolution 8 should be called upon each time there is a transition of power. However, this resolution makes a number of subjective and in some cases incendiary findings. If the author truly wishes this resolution to be a model for future transitions of power, he should work with members of both parties and craft a bi-partisan measure free of rhetoric that reflects the spirt and voice of a united State Senate.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 1/18/17)

None received

OPPOSITION: (Verified 1/18/17)

None received

Prepared by: Jonas Austin / SFA / (916) 651-1520

1/18/17 16:53:59

**** END ****