Background
In the session of congress prior to this case, congress approved by a two-thirds majority in each house, an amendment to the constitution changing section 1 of article XX of the constitution to change the capital of California from Sacramento to San Jose pending a two-thirds approval by the electorate, a donation of ten acres in San Jose to the state, and one million dollars for the move. It also authorized the Governor, Secretary of State, and Attorney General to approve the site and upon approval and transferring the one million dollars into the state treasury, the legislature would provide for the erection of the building, and the removal of the capital at Sacramento.
As a taxpayer and citizen, Horatio Livermore brought action against the secretary of state to restrain from publishing in the statutes, and sending to the county clerks of the state, the proposed senate constitutional amendment because he felt that congress had out stepped its authority in making this amendment, and that it would be inoperative if approved by the people. This would result in an improper expenditure of public money.
The lower court ruled in the plaintiff Livermore's favor, to which the defendant Waite appealed and the Supreme Court affirmed the decision, finding the amendment to be unconstitutional.
Read more about this topic: Livermore V. Waite
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