39/68 CA Art XX: Oath & misc.

California Article XX: Miscellaneous, including the oath every city employee takes

Lesson 39 of 68 · Alcohol, schools, water and other state rules · 9 min read

On this page (6 sections)
  1. Section 3: The oath
  2. Other sections
  3. Every Article XX section
  4. In Williams
  5. Check yourself
  6. Sources cited on this page

Article XX is a collection of miscellaneous rules. The one every Williams resident should know is the oath: every council member and city employee swears to support both constitutions.

Key takeaways

  • Every Williams council member and city employee swears to "support and defend the Constitution of the United States and the Constitution of the State of California" (§3).
  • The oath's second paragraph (a loyalty disclaimer) was held invalid in Vogel (1967).
  • The State has "the exclusive right and power to license and regulate" alcohol (§22).

Section 3: The oath

Official textCal. Const., Art. XX, §3 — Oath of Officeread in context: Cal. Const., Art. XX, §3 — Oath of Office

Members of the Legislature, and all public officers and employees, executive, legislative, and judicial, except such inferior officers and employees as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: “I, , do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. “And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or organization, political or otherwise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or otherwise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means except as follows:

(If no affiliations, write in the words “No Exceptions”) and that during such time as I hold the office of

(name of office) I will not advocate nor become a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means.” † Sections 10 and 15 of Article IX repealed November 5, 1974.

And no other oath, declaration, or test, shall be required as a qualification for any public office or employment.

“Public officer and employee” includes every officer and employee of the State, including the University of California, every county, city, city and county, district, and authority, including any department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing. [As amended November 4, 1952.]

Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1

Who takes it. "Members of the Legislature, and all public officers and employees, executive, legislative, and judicial, except such inferior officers and employees as may be by law exempted" Verified1. "Public officer and employee" "includes every officer and employee of the State, ... every county, city, city and county, district, and authority" Verified1.

The struck paragraph. "The trial court held that the second paragraph of the oath is invalid, and granted the injunction. We agree with this determination" (Vogel v. County of Los Angeles (1967) 68 Cal.2d 18) Verified2. The text still appears in the published constitution Verified1.

Our reading: the oath doesn't authorize an official to ignore a statute they think unconstitutional; Lockyer says local officials must enforce state statutes until a court rules (Lockyer v. City and County of San Francisco (2004) 33 Cal.4th 1055) Verified3. It's a promise to work within both constitutions.

Other sections

Official textCal. Const., Art. XX, §1.5 — Protection of Homesteadsread in context: Cal. Const., Art. XX, §1.5 — Protection of Homesteads

The Legislature shall protect, by law, from forced sale a certain portion of the homestead and other property of all heads of families.

[New section adopted June 8, 1976.]

Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1

Official textCal. Const., Art. XX, §4 — Franchisesread in context: Cal. Const., Art. XX, §4 — Franchises

The Legislature shall not pass any laws permitting the leasing or alienation of any franchise, so as to relieve the franchise or property held thereunder from the liabilities of the lessor or grantor, lessee, or grantee, contracted or incurred in the operation, use, or enjoyment of such franchise, or any of its privileges. [Former Section 7, as renumbered June 8, 1976.]

Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1

Official textCal. Const., Art. XX, §7 — Constitutional Officers—Number of Termsread in context: Cal. Const., Art. XX, §7 — Constitutional Officers—Number of Terms

The limitations on the number of terms prescribed by Section 2 of Article IV, Sections 2 and 11 of Article V, Section 2 of Article IX, and Section 17 of Article XIII apply only to terms to which persons are elected or appointed on or after November 6, 1990, except that an incumbent Senator whose office is not on the ballot for the general election on that date may serve only one additional term. Those limitations shall not apply to any unexpired term to which a person is elected or appointed if the remainder of the term is less than half of the full term. [New section adopted November 6, 1990. Initiative measure.]

Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1

Section 22: Alcohol

The State "shall have the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages within the State" (§22) Verified1. Compare the Twenty-First Amendment. Our reading: Williams can use zoning for where bars and stores go, but licensing is the State's.

Every Article XX section

Section Heading Status
§ 1 Sacramento County Consolidation With City or Cities In force
§ 1.5 Protection of Homesteads In force
§ 2 Leland Stanford Junior University—Henry E. Huntington Library and Art Gallery In force
§ 3 Oath of Office In force
§ 3.5 (former) — Repealed November 3, 1970.
§ 4 Franchises In force
§ 5 (former) — Repealed June 8, 1976. See Section 5, below.
§ 5 Laws Concerning Corporations In force
§ 6 (former) — Renumbered Section 2 June 8, 1976. See Section 6, below.
§ 6 Reduction in Legislator’s Term of Office—Retirement Benefits, Etc In force
§ 7 Constitutional Officers—Number of Terms In force
§ 8 — In force
§ 9 (former) — Repealed November 3, 1970.
§ 10 (former) — Repealed June 8, 1976.
§ 11 (former) — Repealed June 8, 1976.
§ 12 (former) — Repealed November 3, 1970.
§ 13 (former) — Repealed November 3, 1970.
§ 14 (former) — Repealed November 3, 1970.
§ 15 (former) — Repealed June 8, 1976.
§ 16 (former) — Repealed November 7, 1972.
§ 17 (former) — Repealed June 8, 1976.
§ 17½ (former) — Repealed June 8, 1976.
§ 18 — In force
§ 19 (former) — Repealed June 8, 1976.
§ 20 (former) — Repealed June 8, 1976.
§ 21 (former) — Repealed June 8, 1976.
§ 22 Liquor Control In force
§ 23 State Colleges—Speaker, Member of Governing Body In force
§ 24 — In force
§ 25 — In force

Section headings and status come from the Senate's published text Verified1.

In Williams

  • Oath on file. Ask the city clerk for the signed oaths of council members Verified4.
  • Alcohol licenses come from the State, not the city (§22) Verified1.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.

Question 1. Do city employees take the Article XX oath?

Show the answer and why

Yes; it covers every officer and employee of every city, unless exempted by law Verified1.

Question 2. What did Vogel v. County of Los Angeles hold?

Show the answer and why

That the oath's second paragraph is invalid Verified2.

Question 3. Who licenses alcohol sales in California?

Show the answer and why

The State (§22) Verified1.

Question 4. Scenario: Suppose a new city employee is sworn in. What does the oath promise?

Show the answer and why

Answer: To support and defend both the U.S. and California constitutions.

Every Williams council member and city employee swears to "support and defend the Constitution of the United States and the Constitution of the State of California."

From this lesson: “- Every Williams council member and city employee swears to "support and defend the Constitution of the United States and the Constitution of the State of California"”

Sources cited on this page

  1. Constitutions of California and the United States, 2025-26 edition (PDF) (California State Senate; official; accessed 2026-10-17) California Constitution as last amended November 5, 2024. ↗
  2. Vogel v. County of Los Angeles (1967) 68 Cal.2d 18 (Caselaw Access Project, Harvard Law School (copy of California opinion); unofficial / third-party; accessed 2026-10-23) Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗
  3. Lockyer v. City and County of San Francisco (2004) 33 Cal.4th 1055 (Caselaw Access Project, Harvard Law School (copy of California opinion); unofficial / third-party; accessed 2026-10-23) Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗
  4. City Clerk (public records requests, Form 700 filing officer) (City of Williams; official; accessed 2026-10-29) City Clerk's office, 810 E Street (P.O. Box 310). Phone (530) 235-3274, or (530) 473-2955 Ext. 111. This page has an online Public Records Request form and links a PDF request form. ↗

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