When was the California Constitution written

The Constitution of the State of California was adopted in November 1849.  California attained U.S. statehood in 1850.  The current constitution was ratified on May 7, 1879.  The constitution establishes and describes the duties, powers, structure and function of the California government.  The 1879 constitution is the third longest in the world.  The California Constitution strongly protects the corporate existence of cities and counties by granting them broad plenary home rule powers.  Many of the individual rights clauses in the California constitution are broader than the Bill of Rights in the federal constitution.

The three modes of amending the California Constitution are:

  • The process of a legislatively referred constitutional amendment under Section 1 of Article XVIII of the constitution.
  • The process of an initiated constitutional amendment, under Section 3 of Article XVIII and Section 8 of Article II.
  • The process of a constitutional convention under Section 2 of Article XVIII.

Full text of California Constitution: http://www.leginfo.ca.gov/const-toc.html

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Published originally in 1867, this second edition included events that transpired during the intervening years (1867-1883). Topics covered included, but not limited to, were a eescription of California, it’s discovery, the sufferings of Cortez and his Followers, Spaniards neglect of California, the commerce of Spain disrupted by Privateers, Viscaino’s second expedition, Father Salva-Tierra at San Dionysio, the insurrection of the Pericues, earliest settlements in Upper California, the Discovery of the Bay of San Francisco, establishment of missions, Mission Delores, the state of the converted Indians, Captain John A. Sutter, Stockton subjugation of California, California ceded to the United States by Mexico, discovery of gold, California towns, Indian wars, descriptions of California landscape, mining, establishment of the Vigilance Committee, land claims, establishment of schools and churches, trade with China and other countries, railroads, Chinese, Hoodlum Riots, Pickhandle Brigade, Kearney, organization of Workingmen’s Party, the Amador War, Modoc War, development and exportation of wheat, hydraulic mining, interference with farmers’ occupation by slickens (unproductive sludge from the mining process).

United States Library of Congress

Business | Education | Engineering | Law | Life Sciences | Social and Behavioral Sciences

"1883 - A popular history of California _ from the earliest period of its discovery to the present time, Lucia Norman" (2019). Miscellaneous Documents and Reports. 102.
https://digitalcommons.csumb.edu/hornbeck_usa_3_d/102


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Hittell devotes the first portion of Volume 2 to the Mexican Governors of California including Pablo Vicente de Sola, Luis Antonio Arguello, Jose Maria de Echeandia, Manuel Victoria, Pio Pico, Jose Figueroa, Mariano Chico, Nicolas Gutierrez. Juan Bautista Alvarado, Jose Manuel Micheltorena, Hittell also describes the people and circumstances leading up to the war between the United States and Mexico: John C. Fremont, Bear Flag Revolution, Texas Revolution, and Florida Treaty. The final portion of Hittell's book addressed the social and cultural aspects of life in Alta California, missionaries, physical geography, geology, botany and zoology of Alta California, Americans in Alta California, Commodore Sloat, Eugene McNamara, Robert F. Stockton, Stephen W. Kearny, Richard B. Mason, gold discovery, Bennet Riley, land titles, September 1, 1849 California Constitutional Convention, organization of the State of California, first State of California Legislature, and admission of California into the Union,

Arts and Humanities | Education | Law | Life Sciences | Social and Behavioral Sciences

"1885 - History of California, Volume 2, Theodore Henry Hittell" (2019). Miscellaneous Documents and Reports. 96.
https://digitalcommons.csumb.edu/hornbeck_usa_3_d/96

The California Constitution is the fundamental governing document of the state of California.

Background

Preamble

See also: Preamble, California Constitution and Preambles to state constitutions
"We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution."[2]

Article I

See also: Article I, California Constitution

Article I is labeled the "Declaration of Rights." It contains 32 sections. The first section declares: "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."[2]

Click here to read this article of the California Constitution.

Article II

See also: Article II, California Constitution

Article II is labeled, "Voting, Initiative and Referendum, and Recall." It has 20 sections, many of which are short and even one-sentence declarations, such as Section 7 which says "Voting shall be secret."[2]

Section 8, Section 10, Section 11 and Section 12 govern ballot initiatives, including defining the signature requirements for initiatives, the single-subject rule, a provision (added in 1998) that says approved initiatives must apply equally to all subdivisions once they take effect, what to do in the case of conflicting initiatives and the California Attorney General's ballot title authorities.[2]

Click here to read this article of the California Constitution.

Article III

When was the California Constitution written

Cartoon depicting concern over the 1879 constitution.

See also: Article III, California Constitution

Article III is labeled, "State of California." It has nine sections that lay out some basic, definitional characteristics of how the government of California is organized. It includes provisions on how to sue the state of California. It has been amended over the years to include some very specific provisions such as Section 6, which defines English as the official language of California, and Section 8, which establishes a compensation commission.

Click here to read this article of the California Constitution.

Article IV

See also: Article IV, California Constitution

Article IV is labeled "Legislative." It has 23 sections.

Article IV lays out the powers, privileges and responsibilities of the California State Legislature, the California State Assembly and the California State Senate.

Section 1.5 makes a strong statement in favor of term limits, saying, "The ability of legislators to serve unlimited number of terms, to establish their own retirement system, and to pay for staff and support services at state expense contribute heavily to the extremely high number of incumbents who are re-elected. These unfair incumbent advantages discourage qualified candidates from seeking public office and create a class of career politicians, instead of the citizen representatives envisioned by the Founding Fathers. These career politicians become representatives of the bureaucracy, rather than of the people whom they are elected to represent."[2]

Section 2 defines the exact nature of those term limits.[2]

Section 9 says that statutes passed by the legislature can concern themselves with only one subject.[2]

Click here to read this article of the California Constitution.

Article V

See also: Article V, California Constitution

Article V is labeled "Executive." It has 13 sections, which go from Section 1-Section 14, with no section 12.

Article V lays out the duties and authorities of the executive branch of the California government, including those of the governor.[2]

Click here to read this article of the California Constitution.

Article VI

See also: Article VI, California Constitution

Article VI is the article of the constitution that lays out the scope, responsibilities, powers and authorities of the judicial branch of the California government. It has 22 sections.[2]

Click here to read this article of the California Constitution.

Article VII

See also: Article VII, California Constitution

Article VII is labeled "Public Officers and Employees." It has eleven sections.

Click here to read this article of the California Constitution.

Article VIII

There is no Article VIII.

Article IX

See also: Article IX, California Constitution

Article IX is labeled "Education." It is numbered in Sections 1 through Sections 16. Over the years, six sections have been interpolated in the article (2.1, 3.1, 3.2, 3.3, 6.5 and 7.5), while Sections 4, 10, 11, 12, 13 and 15 have been deleted.

Click here to read this article of the California Constitution.

Article X

See also: Article X, California Constitution

Article X is labeled "Water." It has seven sections.

  • Section 1 asserts that the right of eminent domain exists with respect to all frontages on navigable waters in California.
  • Section 2 says that the right of access to water in the state is limited to "such water as shall be reasonably required for the beneficial use to be served."[2]

Click here to read this article of the California Constitution.

Article XA

See also: Article XA, California Constitution

Article XA is labeled "Water Resources Development." It includes eight sections.

Click here to read this article of the California Constitution.

Article XB

See also: Article XB, California Constitution

Article XB is labeled "Marine Resources Protection Act of 1990." It became part of the state's constitution as the result of California Proposition 132 (1990).

Click here to read this article of the California Constitution.

Article XI

See also: Article XI, California Constitution

Article XI is labeled "Local Government." It has 15 sections, which define the powers and constraints of local governments.

Click here to read this article of the California Constitution.

Article XII

See also: Article XII, California Constitution

Article XII is labeled "Public Utilities." It has nine sections. These sections define the scope of the state's Public Utilities Commission.

One section (Section 7) notes that transportation companies are not allowed to "grant free passes or discounts" to any public officeholders in the state, other than the members of the Public Utilities Commission.[2]

Click here to read this article of the California Constitution.

Article XIII

See also: Article XIII, California Constitution

Article XIII is labeled "Taxation." It is numbered in Sections 1-35, but it consists of 38 sections since three half-sections (3.5, 8.5 and 25.5) have been added over time. Taken together, the 38 sections of Article XIII lay out a number of detailed provisions about what kind of property in California is taxable, along with some property that the Article holds to be exempt from taxation.[2]

Click here to read this article of the California Constitution.

Article XIII A

See also: Article XIII A, California Constitution

Article XIII A is labeled "Tax Limitation" and contains seven sections.

Click here to read this article of the California Constitution.

Article XIII B

See also: Article XIII B, California Constitution

Article XIII B is labeled "Government Spending Limitation" and contains 15 sections.

Click here to read this article of the California Constitution.

Article XIII C

See also: Article XIII C, California Constitution

Article XIII C is labeled "Voter Approval for Local Tax Levies" and contains three sections.

Click here to read this article of the California Constitution.

Article XIII D

See also: Article XIII D, California Constitution

Article XIII D is labeled "Assessment and Property-Related Fee Reform" and contains six sections.

Click here to read this article of the California Constitution.

Article XIV

See also: Article XIV, California Constitution

Article XIV is labeled "Labor Relations." It has five sections that lay out the powers of the legislature and regulations relating to minimum wage, overtime, workers compensation, and other labor-related provisions.

Click here to read this article of the California Constitution.

Article XV

See also: Article XV, California Constitution

Article XV is labeled "Usury." It has one section related to interest rates.

Click here to read this article of the California Constitution.

Article XVI

See also: Article XVI, California Constitution

Article XVI is labeled "Public Finance" and relates to public loans, appropriations, expenditures, and other public finance-related provisions.

Click here to read this article of the California Constitution.

Article XVIII

See also: Article XVIII, California Constitution

Article XVIII is labeled "Amending and Revising the Constitution." It has four sections that relate to amending the state constitution, specifically through the process of initiated constitutional amendment, legislatively referred constitutional amendment, and Constitutional convention.

Click here to read this article of the California Constitution.

Article XIX

See also: Article XIX, California Constitution

Article XIX is labeled "Motor Vehicle Revenues" and has ten sections.

Click here to read this article of the California Constitution.

Article XIX A

See also: Article XIX A, California Constitution

Article XIX A is labeled "Loans from the Public Transportation Account or Local Transportation Funds" and has two sections.

Click here to read this article of the California Constitution.

Article XIX B

See also: Article XIX B, California Constitution

Article XIX B is labeled "Motor Vehicle Fuel Sales Tax Revenues and Transportation Improvement Funding" and has two sections.

Click here to read this article of the California Constitution.

Article XIX C

See also: Article XIX C, California Constitution

Article XIX C is labeled "Enforcement of Certain Provisions" and has four sections.

Click here to read this article of the California Constitution.

Article XIX D

See also: Article XIX D, California Constitution

Article XIX D is labeled "Vehicle License Fee Revenues for Transportation Purposes" and has one section.

Click here to read this article of the California Constitution.

Article XX

See also: Article XX, California Constitution

Article XX is labeled "Miscellaneous Subjects" relates to a variety of subjects from provisions specific to one local jurisdiction and the language to be used to swear in certain public officials to the duties and powers of the Department of Alcoholic Beverage Control and providing that the Speaker of the Assembly be an ex officio member of any state agency created to manage the state's college system.

Click here to read this article of the California Constitution.

Article XXI

See also: Article XXI, California Constitution

Article XXI is labeled "Redistricting of Senate, Assembly, Congressional and Board of Equalization Districts" and has three sections.

Click here to read this article of the California Constitution.

Article XXII

See also: Article XXII, California Constitution

Article XXII is labeled "Architectural and Engineering Services." Article XXII in its entirety was added to the California Constitution in November 2000, when Proposition 35 was approved by the state's voters.

Click here to read this article of the California Constitution.

Article XXXIV

See also: Article XXXIV, California Constitution

Article XXXIV is labeled "Public Housing Project Law." It has four sections that relate to local voter approval of low-rent housing projects for which the construction or operation is at least partially by the Federal government.

Click here to read this article of the California Constitution.

Article XXXV

See also: Article XXXV, California Constitution

Article XXXV is labeled "Medical Research." It has seven sections. The entire article was added to the constitution in 2004 when Proposition 71, the Stem Cell Research Initiative, was approved.

Click here to read this article of the California Constitution.

Amending the constitution

See also: Amending state constitutions

The California Constitution can be amended in these ways:

  • Two-thirds of the membership of each chamber of the California State Legislature must propose an amendment, which then goes on a statewide ballot to be ratified or rejected by the state's voters.
  • The state legislature is allowed to propose revisions (not just amendments) to the constitution.
  • If measures conflict, and they both get more than 50 percent of the vote, the one with the highest number of votes prevails.
  • Ratified amendments take effect the day after the election.

Constitutional convention advocated

See also: California constitutional convention

A constitutional convention was under consideration in 2009-2010 by some California political organizations to fix the system they argued was broken.[3][4]

The hope of those who supported a constitutional convention was that it would "take on the manifold structural problems in California's budget process at a single stroke."[5]

The Bay Area Council was a leading voice in favor of a constitutional convention. The group sponsored several summits and meetings to develop support for a convention. Comments from the summits included: "Drastic times call for drastic measures" and "We believe it is our duty to declare that our California government is not only broken, it has become destructive to our future."[6]

Letters requesting ballot titles for two potential 2010 ballot propositions were filed with the California Attorney General in June 2009. However, in February 2010, supporters announced that a lack of funds had led them to decide to abandon the effort.

When was the California Constitution written

When was the California Constitution written

Suggest a link

  1. ↑ 1.0 1.1 KCET, "California Constitution, Altered Over 500 Times; U.S. Constitution, Only 27," September 3, 2012 This number is based on the number of amendments mentioned in the cited article plus the number of approved constitutional amendments in California since 2012.
  2. ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 Cite error: Invalid <ref> tag; no text was provided for refs named ca
  3. IndyBay, "Does California Need a Constitutional Convention?" August 1, 2009
  4. Los Angeles Times, "Ready for the devil we don't know," accessed August 16, 2009
  5. Los Angeles Times, "Fixing California: A constitutional convention -- solution or threat?" accessed June 5, 2009
  6. San Francisco Chronicle, "California government has failed us," accessed August 21, 2009