Difference between revisions of "California Constitution"

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{{CAConstitution}}{{TOCnestright}}The '''California Constitution''' is the document that establishes and describes the duties, powers, structure and function of the government of [[California]]. The state's first constitution was adopted in November 1849 in advance of California attaining U.S. statehood in 1850.  That constitution was superseded by the current constitution, which was ratified on May 7, 1879.<ref>Joseph R. Grodin, Calvin R. Massey, and Richard B. Cunningham, ''The California State Constitution: A Reference Guide'' (Westport, CT: Greenwood Press, 1993), 8 and 16.</ref>
 
{{CAConstitution}}{{TOCnestright}}The '''California Constitution''' is the document that establishes and describes the duties, powers, structure and function of the government of [[California]]. The state's first constitution was adopted in November 1849 in advance of California attaining U.S. statehood in 1850.  That constitution was superseded by the current constitution, which was ratified on May 7, 1879.<ref>Joseph R. Grodin, Calvin R. Massey, and Richard B. Cunningham, ''The California State Constitution: A Reference Guide'' (Westport, CT: Greenwood Press, 1993), 8 and 16.</ref>
  
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Revision as of 22:24, 1 January 2014

StateConstitutions Ballotpedia.jpg This Constitution article needs to be updated.

California Constitution
Flag of California.png
Preamble
Articles
IIIIIIIVVVI
VIIVIIIIXXXA
XBXIXIIXIIIXIII A
XIII BXIII CXIII DXIVXVXVIXVIIIXIXXIX AXIX BXIX C
XXXXIXXII
XXXIVXXXV
The California Constitution is the document that establishes and describes the duties, powers, structure and function of the government of California. The state's first constitution was adopted in November 1849 in advance of California attaining U.S. statehood in 1850. That constitution was superseded by the current constitution, which was ratified on May 7, 1879.[1]

California's constitution can be amended through statewide votes of the electorate on legislatively-referred constitutional amendments and initiated constitutional amendments. It can also be amended through a process beginning with a constitutional convention.

Preamble

See also: Preambles to state constitutions

The full preamble is 27 words: "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."

Article I

Main article: Article I, California Constitution

Article I is labeled as the "Declaration of Rights." It contains 32 sections, numbered Sections 1-31 with an additional Section 14.1. 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]

Article II

Main article: Article II, California Constitution

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

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

Article III

Cartoon depicting concern over the 1879 constitution
Main article: 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.

Article IV

Main article: Article IV, California Constitution

Article IV is labeled "Legislative."It has 23 sections. There are no sections between Section 22 and Section 28; that is, there are no Sections 23, 24, 25 or 27.

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." Section 2 defines the exact nature of those term limits.

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

Article V

Main article: 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 California government, including those of the governor.

Article VI

Main article: 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 California government. It has 22 sections.

Article VII

Main article: Article VII, California Constitution

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

Article VIII

There is no Article VIII.

Article IX

Main article: 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.

Article X

Main article: 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."

Article XA

Main article: Article XA, California Constitution

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

Article XB

Main article: 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).

Article XI

Main article: Article XI, California Constitution

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

Article XII

Main article: 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) takes care to note 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.

XIII, XIII A, XIII B, XIII C, XIII D

Main articles: XIII, XIII A, XIII B, XIII C and XIII D

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 numbered 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.

As an example of the level of detail that can be found throughout Article XIII, consider Section 10, which says, "Real property in a parcel of 10 or more acres which, on the lien date and for 2 or more years immediately preceding, has been used exclusively for nonprofit golf course purposes shall be assessed for taxation on the basis of such use, plus any value attributable to mines, quarries, hydrocarbon substances, or other minerals in the property or the right to extract hydrocarbons or other minerals from the property."

Process of amendment

Main article: 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% of the vote, the one with the highest number of votes prevails.
  • Ratified amendments take effect the day after the election.

Constitutional convention advocated

Main article: California constitutional convention

A constitutional convention was under consideration in 2009-2010 by some California political organizations as a way to fix a system they believe is broken.[3][4]

The hope of those who supported a constitutional convention is 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 has sponsored several summits and meetings to develop support for a convention. Comments from the summits include "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 this effort.

Compared to other constitutions

The California Constitution is one of the longest of the state constitutions. What accounts for its length? Factors that have been said to influence the size of the California Constitution include the public's lack of faith in elected officials and the availability of initiated amendments in California.[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.

Unlike other state constitutions, the California Constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers.[8] 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.[9]

Several of the individual rights clauses in the state constitution have been interpreted as providing rights broader than the Bill of Rights in the federal constitution.[10] Two examples are Robins v. Pruneyard Shopping Center and the 1972 case California v. Anderson, the first decision in America to find the death penalty unconstitutional. The U.S. Constitution's 8th Amendment prohibits punishments which are cruel and unusual, while the state constitution prohibits punishments which are cruel or unusual.

External links

References