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The '''Constitution of the State of California''' is the document that establishes and describes the duties, powers, structure and function of the [[Government of California|government]] of the [[U.S. state]] of [[California]]. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which was ratified on [[May 7]], [[1879]].<ref>Grodin 8, 16.</ref>
The '''Constitution of the State of California''' is the document that establishes and describes the duties, powers, structure and function of the [[Government of California|government]] of the [[U.S. state]] of [[California]]. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which was ratified on [[May 7]], [[1879]].<ref>Grodin 8, 16.</ref>


==History==
⚫
==Amendments and revisions==
The constitution has undergone numerous changes since its original drafting. It was rewritten from scratch several times prior to the drafting of the 1849 constitution, which has itself been amended or revised (see [[#Amendments and revisions|below]])<!---This paragraph is largely a placeholder. There should be information here about why the original constitution didn't suffice, rationale for the current constitution being written the way it was, etc. Having a summary of the influences on the various changes might be helpful too.--->
⚫
{{seealso|California ballot proposition}}
⚫
The constitution of California distinguishes between constitutional [[Constitutional amendment|amendments]] and revisions, the latter of which is considered to be a "substantial change to the entire constitution, rather than ... a less extensive change in one or more of its provisions".<ref>Lee 1.</ref>. Both require passage of a [[California ballot proposition]] by voters, but they also differ in how they may be proposed. An amendment may be placed on the ballot by either a two-thirds vote in the [[California State Legislature]] or signatures equal to 8% of the votes cast in the last [[Governor of California|gubernatorial election]], among the lowest thresholds for similar measures of any [[U.S. state]].<ref>Grodin 1, 3.</ref> <!--Will change in 2010 at the next election-->{{As of|2008}}, this was 694,354 signatures<ref>{{cite web| title=How to Qualify an Initiative| work=Elections & Voter Information| publisher=California Secretary of State| url=http://www.sos.ca.gov/elections/elections_h.htm| accessdate=2008-11-20}}</ref> compared to an estimated 2007 population of 36,553,215.<ref>{{cite web |url=http://www.census.gov/popest/states/NST-ann-est.html |title=Annual Population Estimates 2000 to 2007 |accessdate=2008-11-20 |publisher=U.S. Census Bureau}}</ref> Revisions originally required a [[constitutional convention]] but today may be passed with the approval of both two-thirds of the legislature and a majority of voters; while simplified since its beginnings, the revision process is considered more politically charged and difficult to successfully pass than an amendment.<ref>Lee 7.</ref>


⚫
The exact distinction between an amendment and a revision has never been clear, as highlighted by [[California Proposition 8 (2008)|Proposition 8]] in 2008.<ref>{{cite web| title=Is Proposition 8 Legal?| last=Traina| first=Tom| work=Heretical Ideas: A Journal of Unorthodox Opinion| date=2008-11-25| url=http://www.hereticalideas.com/2008/11/is-proposition-eight-legal/| accessdate=2008-11-26}}</ref> Passed as an initiative amendment in response to the [[California Supreme Court]]'s finding that [[same-sex marriage]] was allowed under the constitution, the proposition defined marriage as between a man and a woman. However, there is an ongoing court battle over the constitutionality of the amendment, which opponents argue is a revision rather than an amendment. The amendment (re-)defines the fundamental right right to marry.<ref>{{cite web| title=California's Legal Trouble| work=The New York Times| date=2008-11-24| accessdate=2008-11-26| url=http://www.nytimes.com/2008/11/25/opinion/25tue4.html?ref=opinion}}</ref>

===Changes over time===
In response to widespread public disgust with the powerful railroads which controlled California's politics and economy at the start of the 20th century, [[Progressive Era]] politicians pioneered the concept of aggressively amending the state constitution by initiative in order to remedy perceived evils.<ref>Grodin 16-17.</ref> From 1911, the height of the U.S. Progressive Era, to 1986, the California Constitution was amended or revised over 500 times.<ref>Grodin 21.</ref> The constitution gradually became increasingly bloated, leading to abortive efforts towards a third constitutional convention in 1897, 1914, 1919, 1930, 1934, and 1947.<ref>Grodin 18-19.</ref> By 1962 the constitution had grown to 75,000 words, which at that time was longer than any other state constitution but Louisiana.<ref name="Grodin 19">Grodin 19.</ref> That year, the electorate approved the creation of a California Constitution Revision Commission, which worked on a comprehensive revision of the constitution from 1964 to 1976. The electorate ratified the Commission's revisions in 1966, 1970, 1972, and 1974, but rejected the 1968 revision, whose primary substantive effect would have been to make the state's superintendent of schools into an appointed rather than an elected official.<ref>Grodin 20</ref> The Commission ultimately removed about 40,000 words from the constitution.<ref name="Grodin 19"/>
In response to widespread public disgust with the powerful railroads which controlled California's politics and economy at the start of the 20th century, [[Progressive Era]] politicians pioneered the concept of aggressively amending the state constitution by initiative in order to remedy perceived evils.<ref>Grodin 16-17.</ref> From 1911, the height of the U.S. Progressive Era, to 1986, the California Constitution was amended or revised over 500 times.<ref>Grodin 21.</ref> The constitution gradually became increasingly bloated, leading to abortive efforts towards a third constitutional convention in 1897, 1914, 1919, 1930, 1934, and 1947.<ref>Grodin 18-19.</ref> By 1962 the constitution had grown to 75,000 words, which at that time was longer than any other state constitution but Louisiana.<ref name="Grodin 19">Grodin 19.</ref> That year, the electorate approved the creation of a California Constitution Revision Commission, which worked on a comprehensive revision of the constitution from 1964 to 1976. The electorate ratified the Commission's revisions in 1966, 1970, 1972, and 1974, but rejected the 1968 revision, whose primary substantive effect would have been to make the state's superintendent of schools into an appointed rather than an elected official.<ref>Grodin 20</ref> The Commission ultimately removed about 40,000 words from the constitution.<ref name="Grodin 19"/>


⚫
===Signers of the 1849 Constitution===
⚫
==Differences from other constitutions==
⚫
At 110½ pages, the constitution of California is substantially longer than those of most [[U.S. state]]s.{{Fact|date=March 2008}} The length has been attributed to a variety of factors, such as lack of faith in [[elected official]]s and the fact that many [[initiative]]s take the form of a constitutional amendment.<ref>Grodin 14-15.</ref> Several amendments involved the authorization of the creation of state government agencies, including the [[State Compensation Insurance Fund]] and the [[State Bar of California]]; the purpose of such amendments was to insulate the agencies from being attacked as an unconstitutionally broad exercise of [[police power]] or inherent judicial power.<ref>Grodin 267.</ref>

⚫
Unlike other state constitutions, the California Constitution strongly protects the corporate existence of cities and counties ''and'' grants them broad plenary home rule powers.<ref>Grodin 170-192.</ref> By specifically enabling cities to pay counties to perform governmental functions for them, Section 8 of Article XI resulted in the rise of the [[contract city]].<ref>Grodin 193.</ref>

⚫
Many of the individual rights clauses in the state constitution have been construed as providing rights broader than the [[Bill of Rights]] in the [[United States Constitution|federal constitution]].<ref>Grodin 37.</ref> Two excellent examples are the [[Pruneyard Shopping Center]] case, and the first decision in America in 1972 finding the death penalty unconstitutional, ''[[California v. Anderson]]'', [[Case citation|6 Cal. 3d 628]], which also noted that under the state constitution, a stronger protection applies than the U.S. Constitution's 8th Amendment, which prohibits punishments which are ''cruel '''and''' unusual'', the state constitution prohibits punishments which are ''cruel '''or''' unusual''.

⚫
Two universities are expressly mentioned in the constitution: the [[University of California]] and [[Stanford University]]. UC is one of only nine state-run public universities in the United States whose independence from political interference is expressly guaranteed by the state constitution.<ref>Grodin 156.</ref> Since 1900, Stanford has enjoyed the benefit of a constitutional clause shielding Stanford-owned property from taxes as long as it is used for educational purposes.<ref>Grodin 311.</ref>

⚫
==Signers of the 1849 Constitution==
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⚫
==Differences from other constitutions==
⚫
At 110½ pages, the current constitution of California is substantially longer than those of most [[U.S. state]]s.{{Fact|date=March 2008}} The length has been attributed to a variety of factors, such as lack of faith in [[elected official]]s and the fact that many [[initiative]]s take the form of a constitutional amendment.<ref>Grodin 14-15.</ref> Several amendments involved the authorization of the creation of state government agencies, including the [[State Compensation Insurance Fund]] and the [[State Bar of California]]; the purpose of such amendments was to insulate the agencies from being attacked as an unconstitutionally broad exercise of [[police power]] or inherent judicial power.<ref>Grodin 267.</ref>

⚫
Unlike other state constitutions, the California Constitution strongly protects the corporate existence of cities and counties ''and'' grants them broad plenary home rule powers.<ref>Grodin 170-192.</ref> By specifically enabling cities to pay counties to perform governmental functions for them, Section 8 of Article XI resulted in the rise of the [[contract city]].<ref>Grodin 193.</ref>

⚫
Many of the individual rights clauses in the state constitution have been construed as providing rights broader than the [[Bill of Rights]] in the [[United States Constitution|federal constitution]].<ref>Grodin 37.</ref> Two excellent examples are the [[Pruneyard Shopping Center]] case, and the first decision in America in 1972 finding the death penalty unconstitutional, ''[[California v. Anderson]]'', [[Case citation|6 Cal. 3d 628]], which also noted that under the state constitution, a stronger protection applies than the U.S. Constitution's 8th Amendment, which prohibits punishments which are ''cruel '''and''' unusual'', the state constitution prohibits punishments which are ''cruel '''or''' unusual''.

⚫
Two universities are expressly mentioned in the constitution: the [[University of California]] and [[Stanford University]]. UC is one of only nine state-run public universities in the United States whose independence from political interference is expressly guaranteed by the state constitution.<ref>Grodin 156.</ref> Since 1900, Stanford has enjoyed the benefit of a constitutional clause shielding Stanford-owned property from taxes as long as it is used for educational purposes.<ref>Grodin 311.</ref>

⚫
===Amendments and revisions===
⚫
{{seealso|California ballot proposition}}
⚫
The constitution of California distinguishes between constitutional [[Constitutional amendment|amendments]] and revisions, the latter of which is considered to be a "substantial change to the entire constitution, rather than ... a less extensive change in one or more of its provisions".<ref>Lee 1.</ref>. Both require passage of a [[California ballot proposition]] by voters, but they also differ in how they may be proposed. An amendment may be placed on the ballot by either a two-thirds vote in the [[California State Legislature]] or signatures equal to 8% of the votes cast in the last [[Governor of California|gubernatorial election]], among the lowest thresholds for similar measures of any [[U.S. state]].<ref>Grodin 1, 3.</ref> <!--Will change in 2010 at the next election-->{{As of|2008}}, this was 694,354 signatures<ref>{{cite web| title=How to Qualify an Initiative| work=Elections & Voter Information| publisher=California Secretary of State| url=http://www.sos.ca.gov/elections/elections_h.htm| accessdate=2008-11-20}}</ref> compared to an estimated 2007 population of 36,553,215.<ref>{{cite web |url=http://www.census.gov/popest/states/NST-ann-est.html |title=Annual Population Estimates 2000 to 2007 |accessdate=2008-11-20 |publisher=U.S. Census Bureau}}</ref> Revisions originally required a [[constitutional convention]] but today may be passed with the approval of both two-thirds of the legislature and a majority of voters; while simplified since its beginnings, the revision process is considered more politically charged and difficult to successfully pass than an amendment.<ref>Lee 7.</ref>

⚫
The exact distinction between an amendment and a revision has never been clear, as highlighted by [[California Proposition 8 (2008)|Proposition 8]] in 2008.<ref>{{cite web| title=Is Proposition 8 Legal?| last=Traina| first=Tom| work=Heretical Ideas: A Journal of Unorthodox Opinion| date=2008-11-25| url=http://www.hereticalideas.com/2008/11/is-proposition-eight-legal/| accessdate=2008-11-26}}</ref> Passed as an initiative amendment in response to the [[California Supreme Court]]'s finding that [[same-sex marriage]] was allowed under the constitution, the proposition defined marriage as between a man and a woman. However, there is an ongoing court battle over the constitutionality of the amendment, which opponents argue is a revision rather than an amendment. The amendment (re-)defines the fundamental right right to marry.<ref>{{cite web| title=California's Legal Trouble| work=The New York Times| date=2008-11-24| accessdate=2008-11-26| url=http://www.nytimes.com/2008/11/25/opinion/25tue4.html?ref=opinion}}</ref>


==Notes==
==Notes==

Revision as of 00:35, 17 December 2008

The 1849 Constitution was signed in Colton Hall in Monterey.

The Constitution of the State of California is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in advance of California attaining U.S. statehood in 1850, was superseded by the current constitution, which was ratified on May 7, 1879.[1]

History

The constitution has undergone numerous changes since its original drafting. It was rewritten from scratch several times prior to the drafting of the 1849 constitution, which has itself been amended or revised (see below)

In response to widespread public disgust with the powerful railroads which controlled California's politics and economy at the start of the 20th century, Progressive Era politicians pioneered the concept of aggressively amending the state constitution by initiative in order to remedy perceived evils.[2] From 1911, the height of the U.S. Progressive Era, to 1986, the California Constitution was amended or revised over 500 times.[3] The constitution gradually became increasingly bloated, leading to abortive efforts towards a third constitutional convention in 1897, 1914, 1919, 1930, 1934, and 1947.[4] By 1962 the constitution had grown to 75,000 words, which at that time was longer than any other state constitution but Louisiana.[5] That year, the electorate approved the creation of a California Constitution Revision Commission, which worked on a comprehensive revision of the constitution from 1964 to 1976. The electorate ratified the Commission's revisions in 1966, 1970, 1972, and 1974, but rejected the 1968 revision, whose primary substantive effect would have been to make the state's superintendent of schools into an appointed rather than an elected official.[6] The Commission ultimately removed about 40,000 words from the constitution.[5]

Signers of the 1849 Constitution

 

Differences from other constitutions

At 110½ pages, the current constitution of California is substantially longer than those of most U.S. states.[citation needed] The length has been attributed to a variety of factors, such as lack of faith in elected officials and the fact that many initiatives take the form of a constitutional amendment.[7] Several amendments involved the authorization of the creation of state government agencies, including the State Compensation Insurance Fund and the State Bar of California; the purpose of such amendments was to insulate the agencies from being attacked as an unconstitutionally broad exercise of police power or inherent judicial power.[8]

Unlike other state constitutions, the California Constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers.[9] By specifically enabling cities to pay counties to perform governmental functions for them, Section 8 of Article XI resulted in the rise of the contract city.[10]

Many of the individual rights clauses in the state constitution have been construed as providing rights broader than the Bill of Rights in the federal constitution.[11] Two excellent examples are the Pruneyard Shopping Center case, and the first decision in America in 1972 finding the death penalty unconstitutional, California v. Anderson, 6 Cal. 3d 628, which also noted that under the state constitution, a stronger protection applies than the U.S. Constitution's 8th Amendment, which prohibits punishments which are cruel and unusual, the state constitution prohibits punishments which are cruel or unusual.

Two universities are expressly mentioned in the constitution: the University of California and Stanford University. UC is one of only nine state-run public universities in the United States whose independence from political interference is expressly guaranteed by the state constitution.[12] Since 1900, Stanford has enjoyed the benefit of a constitutional clause shielding Stanford-owned property from taxes as long as it is used for educational purposes.[13]

Amendments and revisions

See also: California ballot proposition

The constitution of California distinguishes between constitutional amendments and revisions, the latter of which is considered to be a "substantial change to the entire constitution, rather than ... a less extensive change in one or more of its provisions".[14]. Both require passage of a California ballot proposition by voters, but they also differ in how they may be proposed. An amendment may be placed on the ballot by either a two-thirds vote in the California State Legislature or signatures equal to 8% of the votes cast in the last gubernatorial election, among the lowest thresholds for similar measures of any U.S. state.[15] As of 2008, this was 694,354 signatures[16] compared to an estimated 2007 population of 36,553,215.[17] Revisions originally required a constitutional convention but today may be passed with the approval of both two-thirds of the legislature and a majority of voters; while simplified since its beginnings, the revision process is considered more politically charged and difficult to successfully pass than an amendment.[18]

The exact distinction between an amendment and a revision has never been clear, as highlighted by Proposition 8 in 2008.[19] Passed as an initiative amendment in response to the California Supreme Court's finding that same-sex marriage was allowed under the constitution, the proposition defined marriage as between a man and a woman. However, there is an ongoing court battle over the constitutionality of the amendment, which opponents argue is a revision rather than an amendment. The amendment (re-)defines the fundamental right right to marry.[20]

Notes

  1. ^ Grodin 8, 16.
  2. ^ Grodin 16-17.
  3. ^ Grodin 21.
  4. ^ Grodin 18-19.
  5. ^ a b Grodin 19.
  6. ^ Grodin 20
  7. ^ Grodin 14-15.
  8. ^ Grodin 267.
  9. ^ Grodin 170-192.
  10. ^ Grodin 193.
  11. ^ Grodin 37.
  12. ^ Grodin 156.
  13. ^ Grodin 311.
  14. ^ Lee 1.
  15. ^ Grodin 1, 3.
  16. ^ "How to Qualify an Initiative". Elections & Voter Information. California Secretary of State. Retrieved 2008-11-20.
  17. ^ "Annual Population Estimates 2000 to 2007". U.S. Census Bureau. Retrieved 2008-11-20.
  18. ^ Lee 7.
  19. ^ Traina, Tom (2008-11-25). "Is Proposition 8 Legal?". Heretical Ideas: A Journal of Unorthodox Opinion. Retrieved 2008-11-26.
  20. ^ "California's Legal Trouble". The New York Times. 2008-11-24. Retrieved 2008-11-26.

References

  • Grodin, Joseph R.; Massey, Calvin R.; Cunningham, Richard B. (1993), The California State Constitution: A Reference Guide, Westport, CT: Greenwood Press
  • Lee, Eugene C. (1991), "The Revision of California's Constitution" (PDF), CPS Brief, vol. 3, No. 3, California Policy Seminar, retrieved 2008-11-19

See also

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