The Constitution of California ( es, Constitución de California) is the primary organizing law for the U.S. state of

California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

, describing the duties, powers, structures and functions of the government of California. California's original constitution was drafted in both

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...

and Spanish by

American pioneer American pioneers were European American and African American settlers who migrated westward from the Thirteen Colonies and later United States to settle in and develop areas of North America that had previously been inhabited or used by Nati ...

s, European settlers, and

Californio Californio (plural Californios) is a term used to designate a Hispanic Californian, especially those descended from Spanish and Mexican settlers of the 17th through 19th centuries. California's Spanish-speaking community has resided there sin ...

s (

Hispanics The term ''Hispanic'' ( es, hispano) refers to people, cultures, or countries related to Spain, the Spanish language, or Hispanidad. The term commonly applies to countries with a cultural and historical link to Spain and to viceroyalties for ...

) and adopted at the 1849 Constitutional Convention of Monterey, following the American

Conquest of California The Conquest of California, also known as the Conquest of Alta California or the California Campaign, was an important military campaign of the Mexican–American War carried out by the United States in Alta California (modern-day California), t ...

and the

Mexican-American War Mexican Americans ( es, mexicano-estadounidenses, , or ) are Americans of full or partial Mexican heritage. In 2019, Mexican Americans comprised 11.3% of the US population and 61.5% of all Hispanic and Latino Americans. In 2019, 71% of Mexica ...

and in advance of California's

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in 1850. The constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878-79. The Constitution of California is one of the longest collections of laws in the world, partially due to provisions enacted during the

Progressive Era The Progressive Era (late 1890s – late 1910s) was a period of widespread social activism and political reform across the United States focused on defeating corruption, monopoly, waste and inefficiency. The main themes ended during Am ...

limiting powers of elected officials, but largely due to additions by

California ballot proposition In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote (or plebiscite). If passed, it can alter one or more of the articles of the Constitution of ...

and voter initiatives, which take form as constitutional amendments. Constitutional amendments may be proposed by the California Legislature or by popular

petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offi ...

through the exercise of the initiative power by the voters, giving California one of the most flexible legal systems in the world. It is currently the eighth longest constitution in the world. Many of the individual rights clauses in the state constitution have been construed as protecting rights even broader than the

United States Bill of Rights The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections ra ...

in the Federal Constitution. An example is the case of '' Pruneyard Shopping Center v. Robins'', in which "free speech" rights beyond those addressed by the

First Amendment to the United States Constitution The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the ...

were found in the California Constitution by the California courts. One of California's most significant prohibitions is against "cruel ''or'' unusual punishment," a stronger prohibition than the U.S. Constitution's Eighth Amendment prohibition against "cruel ''and'' unusual punishment."

History

The constitution has undergone numerous changes since its original drafting. It was rewritten from scratch several times before the drafting of the current 1879 constitution, which has itself been amended or revised (see

below Below may refer to: *Earth * Ground (disambiguation) *Soil *Floor * Bottom (disambiguation) *Less than *Temperatures below freezing *Hell or underworld People with the surname *Ernst von Below (1863–1955), German World War I general *Fred Below ...

). In response to widespread public disgust with the powerful railroads that controlled California's politics and economy at the start of the 20th century,

politicians pioneered the concept of aggressively amending the state constitution by initiative in order to remedy perceived evils. From 1911, the height of the U.S. Progressive Era, to 1986, the California Constitution was amended or revised over 500 times. The constitution gradually became increasingly bloated, leading to abortive efforts towards a third constitutional convention in 1897, 1914, 1919, 1930, 1934 and 1947. By 1962, the constitution had grown to 75,000 words, which at that time was longer than any other state constitution but Louisiana's. 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. The Commission ultimately removed about 40,000 words from the constitution.

Provisions

The California Constitution is one of the longest in the world. The length has been attributed to a variety of factors, such as influence of previous Mexican civil law, lack of faith in elected officials and the fact that many

initiative In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a ...

s take the form of a constitutional amendment. 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 State Bar of California is California's official attorney licensing agency. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate disciplin ...

; 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. Unlike other state constitutions, the California Constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers. The constitution gives charter cities, in particular, supreme authority over municipal affairs, even allowing such cities' local laws to trump state law. 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 Contract city is a term used in some U.S. states for a city that contracts for the provision of one or more municipal services with another unit of government or with a private or commercial organization. Lakewood Lakewood, California was inco ...

. Article 4, section 8(d) defines an "urgency statute" as one "necessary for immediate preservation of the public peace, health, or safety"; any proposed bill including such a provision includes a "statement of facts constituting the necessity" and a two-thirds majority of each house is required to also separately pass the bill's urgency section. Many of the individual rights clauses in the state constitution have been construed as protecting rights broader than the Bill of Rights in the federal constitution. Two examples include (1) the '' Pruneyard Shopping Center v. Robins'' case involving an implied right to

free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...

in private

shopping center A shopping center (American English) or shopping centre (Commonwealth English), also called a shopping complex, shopping arcade, shopping plaza or galleria, is a group of shops built together, sometimes under one roof. The first known collec ...

s, and (2) the first decision in America in 1972 which found the death penalty unconstitutional, '' California v. Anderson'', 6 Cal. 3d 628. This noted that under California's state constitution a stronger protection applies than under the U.S. Constitution's Eighth Amendment; the former prohibits punishments that are "cruel or unusual", while the latter only prohibits punishments that are "cruel and unusual". The constitution also confers upon women equality of rights in "entering or pursuing a business, profession, vocation, or employment." This is the earliest state constitutional equal rights provision on record. Two universities are expressly mentioned in the constitution: the

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state-run

University of California The University of California (UC) is a public land-grant research university system in the U.S. state of California. The system is composed of the campuses at Berkeley, Davis, University of California, Irvine, Irvine, University of Califor ...

and the

private Private or privates may refer to: Music * " In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorde ...

Stanford University Stanford University, officially Leland Stanford Junior University, is a private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. Stanford is conside ...

. 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. 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.

Amendments and revisions

The California Constitution distinguishes between constitutional amendments and constitutional 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". Both require passage of a

by the voters, but they differ in how they may be proposed. A constitutional amendment may be placed on the ballot by either a two-thirds vote in the

California State Legislature The California State Legislature is a bicameral state legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislatu ...

or by signatures equal to 8% of the votes cast in the last

gubernatorial election A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of politica ...

through the exercise of the initiative power by the voters. The signature requirement for constitutional amendments is among the lowest thresholds for similar measures of any U.S. state. , this was 997,139 signatures compared to an estimated 2018 population of 39,557,045. A constitutional revision originally required a constitutional convention but today may be passed with the approval of both two-thirds of the Legislature and approval by 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. Voters exercising the initiative power are not permitted to propose a constitutional revision.

Signatories of the 1849 Constitution

California Constitution (1849) signature page

Many of the signatories to the state's original 1849 constitution were themselves prominent in their own right, and are listed below. The list notably includes several Californios (California-born, Spanish-speaking residents). *Representing the District of Los Angeles :* José Antonio Carrillo :* Manuel Domínguez :* Stephen Clark Foster :* Hugo Reid :* Abel Stearns *Representing the District of Monterey :* Charles T. Botts :*

Lewis Dent Lewis T. Dent (also known as Louis Dent, March 3, 1823 – March 22, 1874) was an American explorer, judge, and politician. He was the brother-in-law of Ulysses S. Grant. Dent was born in St. Louis, Missouri in 1823, the son of Frederick Dent an ...

:* Thomas O. Larkin :* Pacificus Ord :* Henry Wager Halleck *Representing the District of Sacramento :*

Elisha Oscar Crosby Elisha Oscar Crosby (July 18, 1818 - June 25, 1895) was an American lawyer, politician and diplomat. He served as a member of the California State Senate from 1849 to 1852. As a state senator, he served as chair of the Judiciary Committee, and in ...

:* Lansford Hastings :* Morton Matthew McCarver :* John McDougall :*

William E. Shannon William E. Shannon (1821/1822 – November 3, 1850) was an American politician. Born in Ballina, County Mayo, Ireland,Michael C. O'Laughlin''Irish Families on the California Trail'' (2003) Irish Genealogical Foundation online, page F-33; via Go ...

:* Winfield S. Sherwood :* Jacob R. Snyder :* John Sutter *Representing the District of San Diego :*

Miguel de Pedrorena Don Miguel de Pedrorena (c. 1808–March 21, 1850) was a Spanish-born Californio ranchero, merchant, and a signer of the Californian Constitution in 1849. He also served briefly as acting Alcalde of San Diego (mayor). Life Miguel Pedrorena was ...

:* Henry Hill *Representing the District of San Francisco :*

Alfred James Ellis Alfred may refer to: Arts and entertainment *'' Alfred J. Kwak'', Dutch-German-Japanese anime television series * ''Alfred'' (Arne opera), a 1740 masque by Thomas Arne * ''Alfred'' (Dvořák), an 1870 opera by Antonín Dvořák *"Alfred (Interl ...

:* Edward Gilbert :* William M. Gwin :* Josephn Hobson :* Francis J. Lippitt :* Myron Norton :*

William Morris Stewart William Morris Stewart (August 9, 1827April 23, 1909) was an American lawyer and politician. In 1964, he was inducted into the Hall of Great Westerners of the National Cowboy & Western Heritage Museum. Personal Stewart was born in Wayne County, ...

Rodman M. Price Rodman McCamley Price (May 5, 1816June 7, 1894) was an American lawyer and Democratic Party politician who represented in the United States House of Representatives for one term from 1851–1853. He later served as the 17th governor of New Jer ...

*Representing the District of San Joaquin :* John McHenry Hollingsworth :* James McHall Jones :* Benjamin S. Lippincott :* Benjamin F. Moore :* Thomas L. Vermeule :* Oliver Wozencraft *Representing the District of San Luis Obispo :* José María Covarrubias :* Henry A. Tefft *Representing the District of Santa Barbara :*

Pablo de la Guerra Pablo de la Guerra (29 November 1819 – 5 February 1874) was a Californio politician, judge, and signer of the Californian Constitution in 1849. He served as acting Lieutenant Governor of California and as a member of the California Senate. ...

:* Jacinto Rodríguez *Representing the District of San José :* Joseph Aram :* Elam Brown :* Kimball Hale Dimmick :*

Julian Hanks Julian may refer to: People * Julian (emperor) (331–363), Roman emperor from 361 to 363 * Julian (Rome), referring to the Roman gens Julia, with imperial dynasty offshoots * Saint Julian (disambiguation), several Christian saints * Julian (gi ...

:* Jacob David Hoppe :*

Antonio María Pico Don Antonio María Pico was a Californio politician, ranchero, and a signer of the California Constitution in 1849. He also served twice as Alcalde of San José. Biography Antonio María Pico, a member of the prominent Pico family of California ...

:* Pedro Sainsevain *Representing the District of Sonoma :* Mariano Guadalupe Vallejo :* Robert B. Semple :* Joel P. Walker

Notes

References

* * *

External links

Official current text of the California Constitution

Records of the Constitutional Convention of 1849
California State Archives * 1849 California Constitution
full original English text
California State Archives * 1849 California Constitution ( Spanish:''Constitución del Estado de California'')
full original Spanish text
California State Archives * 1879 California Constitution
original unamended full text
California State Archives
1878–1879 Constitutional Convention Working Papers
California State Archives {{Constitutions of the United States

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...

Amendments to the Constitution of California California ballot propositions 1849 in California 1879 in California 1849 in law 1879 in law 1849 establishments in California 1879 establishments in California Pre-statehood history of California History of California