California’s State Constitution

Historical Background

California adopted its first state constitution in 1849, a year before becoming part of
the United States. As a result of the gold rush, hundreds of thousands of gold seekers
streamed into California, and it quickly became clear that California needed a government
to maintain law and order. A constitutional convention was held in Monterey to draft a
constitution.

The Constitution of 1849 This constitution, adopted in October 1849, outlined the
founding principles of California as a territory and continued in place after California
became a state in 1850.

In addition to defining the structure of California’s government, the 1849 constitution

prohibited slavery and included several protections for citizens of Mexican heritage. The
constitution guaranteed the right to vote for all adult white male citizens and male
naturalized citizens from Mexico. The constitution also established English and Spanish
as the official languages of California.

The 1849 constitution said very little about the powers reserved to local government.
This silence allowed the state legislature to exert its own power at the expense of local
government. The legislature became deeply involved in some communities’ issues, for
example, by ordering cities to pay certain claims, sell property, or issue bonds to raise
money. The legislature also reserved the power to approve or change city charters.
Meanwhile, the railroads, ranchers, and other big business interests had gained a strong
influence over many legislators and, therefore, over many California communities. By the
1870s, many citizens had become outraged by the unchecked power of the legislature and
business interests. They demanded a new constitution to restore balance to state
government.

The Constitution of 1879 A constitutional convention held in 1879 resulted in the state
constitution that still provides the framework for California’s government today. Like the
framers of the U.S. Constitution, the 1879 framers intended to create a system of
limited government—a government where power was more balanced than it had been
under the previous constitution. Therefore, the constitution placed a significant number
of restrictions on the legislature in an effort to reform the problems caused under the
old constitution. Because the framers of the 1879 constitution emphasized social and
economic reform, the California constitution is much more detailed than the U.S.
Constitution.

California’s constitution is based on the same principles as the U.S. Constitution, including
popular sovereignty, rule of law, separation of powers, and an independent judiciary.
Although there are many similarities between the California and the U.S. Constitutions,
there are also some important differences.
Structure: Three Branches of Government

The California constitution divides state government into three branches: legislative,
executive, and judicial. As in the federal government, the legislative branch makes the
laws, the executive branch carries out the laws, and the judicial branch interprets the
laws. The California system also incorporates a system of checks and balances, so that no
single branch of government can become too powerful.

Legislative Branch California has a bicameral, or two-house, legislature. The upper house
is the state Senate, and the lower house is the state Assembly. Unlike the federal model,
the representatives of both California houses are apportioned by population. (In the U.S.
Senate, each state is represented by two senators, regardless of population.) The role of
state legislators, however, is the same as that of members of Congress: to make the laws.
California lawmakers have the power to pass all necessary laws, as long as they do not
conflict with federal laws or violate certain federal restrictions.

Executive Branch The head of California’s executive branch is the governor, whose main
role is to see that the laws passed by the legislature are carried out. The governor of
California has many of the same responsibilities as the nation’s president: serving as
commander-in-chief of the state’s militia, appointing many of the state’s judges, heading
his or her political party, and serving as the ceremonial head of state. Thousands of other
people work in the executive branch under the guidance of the governor, who appoints
about 2,000 of them.

Judicial Branch Similar to the judicial branch of the federal government, the California
judicial branch has three levels. The superior courts, the lowest courts, are the state’s
main trial courts where most court cases are heard. Each county has at least one superior
court. Courts of appeal are one level higher than the superior courts. Cases may be
appealed to the courts of appeal for review if there is reason to believe a legal mistake
has occurred. California is divided into six districts, each with one appellate court. Should
a case be appealed further, the seven justices of California’s supreme court—the highest
court in the state—would hear the case. In California’s judiciary, as in the federal
judiciary, most cases do not go farther than the courts of appeals.

Elections

The elections division of the California secretary of state’s office oversees all federal
and state elections in California. Staffers in the elections division prepare voter
information in seven languages—English, Spanish, Chinese, Japanese, Korean, Tagalog, and
Vietnamese. The secretary of state ensures the integrity of elections in California by
enforcing election laws, certifying the accuracy of voter equipment, maintaining a
database of registered voters, approving official ballots and tracking ballot initiatives,
and compiling election results.

Frequency of Elections Statewide elections are held in California every two years.
However, the ballots vary for year to year, because not all elected positions are decided
in each election cycle.

Decided on the California ballot every two years:

• all state assembly members
• half of the state senators: districts ending in an odd number elect state senators in
2008 and 2012; districts ending in an even number elect state senators in 2010 and 2014
• statewide initiatives, referenda, or recalls that have qualified for the ballot within a
certain number of days of an election

Decided on the California ballot every four years:

• governor
• lieutenant governor
• secretary of state
• attorney general
• controller
• treasurer
• insurance commissioner
• superintendent of public instruction
• four-member Board of Equalization

Decided during special elections called on an as-needed basis:

•statewide initiatives, referenda, or recalls that have qualified for the ballot between
election cycles
• vacancies to be filled after elected officials die, resign, or are otherwise unable to
fulfill their duties

Voter Qualifications To register to vote in California, one must be a U.S. citizen, a

resident of California, and at least 18 years of age by the date of the next election. In
addition, a person wishing to register to vote must not be in prison or on parole for
conviction of a felony, and he or she must not have been judged by a court to be mentally
incompetent.

Amending the California Constitution

One remarkable difference between the California and U.S. constitutions is the
amendment process. The process of amending the U.S. Constitution is notoriously
difficult. The most common method of amending the U.S. Constitution requires that the
amendment be passed by a two-thirds majority in both houses of Congress and then
ratified by three-quarters of the state legislatures. Achieving so much agreement over a
proposed amendment is very difficult, with the result being that the U.S. Constitution
has been amended only 27 times in more than 200 years.

The Amendment Process in California The process in California is quite different. The
California constitution can be amended in one of four ways:

• Constitutional convention The legislature may call for a constitutional convention by a

two-thirds vote in each house. The convention may propose an amendment, which is then
placed directly on the ballot for voters to decide. This method has been used most often
for substantial constitutional changes rather than limited changes.
• Constitutional Revision Commission A Constitutional Revision Commission can
recommend an amendment, which is considered first by the legislature and then by
voters. This method was first used in 1964.
• Legislative amendment The legislature can pass an amendment by a two-thirds
majority in each house. The amendment is then placed on the ballot for voters to approve
or reject. This is the most commonly used method.
• Initiative amendment Citizens can place a proposed amendment directly on the ballot
in the form of a citizen’s initiative. A citizen’s initiative requires a petition of registered
voters, the number of which must equal 8 percent of the votes cast in the most recent
gubernatorial election. This method is intended for amendments of a limited scope.

The methods of amending the California constitution are relatively easy compared to
those of the U.S. Constitution. Since 1879, the California constitution has been
successfully amended more than 500 times.

Initiative, Referendum, and Recall

Some of the most important amendments made to the California constitution provide
voters with more direct power over politics. In 1911, California voters approved
constitutional amendments that give citizens three tools of direct democracy: the
initiative, a process to enact state laws and constitutional amendments without going
through the legislature; the referendum, a method to repeal certain laws; and the recall,
a process to remove elected officials from office.

Initiative The initiative gives Californians the power to enact state laws without the
support of the legislature. Citizens in California may propose two types of
initiatives—initiative statutes and initiative constitutional amendments.

To begin the initiative process, proponents of the initiative write the text of the
proposed law. Next, the initiative is submitted to the attorney general. If the initiative
would affect the state’s budget, the attorney general sends the initiative to the
Department of Finance and the Joint Legislative Budget Committee, who prepare an
analysis of the financial impact. Once the attorney general has received the financial
report, he or she prepares an official title for and summary of the initiative and sends it
to the proponents, the state senate, the state assembly, and the secretary of state.

The proponents then have 150 days to circulate petitions and gather a specified number
of signatures of registered voters. For an initiative statute, the number of signatures
must be at least 5 percent of the votes cast for the governor in the most recent
election. For an initiative constitutional amendment, the number of signatures must be at
least 8 percent of the votes cast for the governor in the most recent election. After
verifying the signatures on the petition, county officials certify the petition. The
initiative is then put on the ballot for voters to approve or reject. This initiative process
may vary somewhat for local initiative measures.

The initiative is a frequently used tool of direct democracy in California. More than 300
initiatives have been placed on statewide ballots since California first permitted
initiatives in 1911.

Referendum The referendum gives citizens the power to block the enactment of a law
soon after it has been passed. To begin the referendum process at the state level,
proponents file a notice with the secretary of state’s office. Once that is done, the law
under consideration is stayed, or not enacted, until the entire referendum process is
complete. Proponents then have 90 days to collect a specified number of signatures of
registered voters on a petition. The number of signatures must be at least 5 percent of
the votes cast in the most recent gubernatorial election. After verifying the signatures
on the petition, county officials certify the petition. The referendum measure is then put
on the ballot. The referendum process may vary somewhat for local referenda.

The referendum is a rarely used tool of direct democracy in California. Only 43

referenda have ever been placed on the statewide ballot, and voters have struck down
only 15 laws since California first permitted referenda in 1911. One recent example
occurred in 2004, when voters struck down the Health Insurance Act of 2003, a law that
would have required large and medium employers to provide health insurance for their
employees.

Recall The recall process allows citizens to use the power of their votes to remove
elected leaders from office. To begin the recall process, proponents of the recall file a
notice with the secretary of state’s office. They then collect a specified number of
signatures of registered voters on a petition. The number of signatures must be at least
12 percent of the votes cast in the most recent election for that office. After verifying
the signatures on the petition, county officials certify the petition. The recall measure is
then put on the ballot. If there is a statewide election already scheduled within 180 days,
the recall measure will be included on that ballot. Otherwise, a special election is called
60 to 80 days after the petition is certified.

In the election, voters cast votes on two separate items. The first vote is for or against
the recall. The second vote is for a replacement candidate. If the majority of voters
approve the recall, then the replacement candidate with the most votes will fill that
office. In the 2003 special election, for example, California voters opted to recall the
Democratic governor Gray Davis and replace him with Republican Arnold Schwarzenegger.
Davis was the first governor in California history to be removed from office in this way.