Jonah Patel
California's constitution is known for its robust direct democracy provisions, which give voters the power to amend it. The constitution can be amended through a legislative proposal, a convention to revise the constitution, or an initiative. All amendments must be approved by voters. California's constitution has been amended over 500 times since its adoption, making it the second-most amended state constitution in the US.
| Characteristics | Values |
|---|---|
| Number of ways to amend the constitution | 3 |
| Legislative proposal | Requires a roll call vote in the Legislature with two-thirds of the members of each house concurring |
| Convention to revise constitution | Requires a roll call vote in the Legislature with two-thirds of each house's membership concurring |
| Initiative | Requires a petition to be submitted to the Secretary of State with the certified signatures of 8% of the total vote for all candidates for Governor at the most recent gubernatorial election |
| Number of amendments | Over 500 |
| Voter approval | Required |
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What You'll Learn
California's constitution and direct democracy
California's constitution is well-known for its direct democracy provisions, which give voters the power to adopt new statutes, amend the constitution, repeal existing statutes, and recall elected officials. These provisions were added in 1911 in response to concerns about the influence of wealthy interests, and they have resulted in a significant amount of voter-initiated political activity. California's constitution also includes anti-tax provisions, with the state leading a nationwide wave of tax reform by adopting Proposition 13 in 1978, which limited property taxes.
The California Constitution is the fundamental legal document outlining the duties, structure, and authority of the state, and it can be amended through legislative proposal, convention, or initiative, all of which require voter approval. The state legislature can propose revisions or amendments, which then go on a statewide ballot to be ratified or rejected by voters. This process requires a two-thirds vote in both the Assembly and the Senate, and the proposal becomes law if it receives a simple majority of 50% plus one vote.
Through the initiative process, voters may propose amendments, but not revisions, by collecting signatures equalling eight percent of the total votes cast for all candidates for Governor in the most recent gubernatorial election. If the required number of signatures is obtained, the proposed amendment is placed on the ballot for voter approval. This process allows citizens to directly add, repeal, or amend provisions of the constitution or statutes through ballot propositions.
California's constitution has been amended over 500 times since its adoption in 1849, making it the second-most amended state constitution in the US after Alabama. The most recent amendment, approved on November 5, 2024, enshrined the right to reproductive freedom, including abortion and contraception. Other notable amendments include Section 6, which defines English as the official language, and Section 8, which establishes a compensation commission.
Amendments: The Constitution's Living Evolution
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Legislative proposal
The California Constitution can be amended with a legislative proposal, a citizen-initiated proposal, or a convention-referred constitutional amendment, all of which require voter approval.
The California Constitution can be amended through a legislative proposal, which is a two-step process. First, two-thirds of the membership of each chamber of the California State Legislature must propose an amendment. This is done through a roll call vote in the Legislature, with two-thirds of the members of each house concurring. Once the amendment clears the legislature, it goes on a statewide ballot to be ratified or rejected by the state's voters. If the proposal receives a simple majority of 50% plus one vote, it becomes law.
The legislature may also propose revisions to the constitution, which alter a large number of existing constitutional provisions or the nature of the state's basic governmental plan. The legislature may propose revisions or amendments by a two-thirds vote and may also ask voters to convene a constitutional convention to rewrite the constitution. Any amendments or revisions proposed by the legislature or a constitutional convention must be approved by a majority of voters.
The legislative process for amending the constitution can be strenuous, and with increasing political polarization, there is no guarantee that elected officials will pass an amendment.
Amendments: Our Constitution's Evolution
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Convention to revise constitution
California's constitution is well-known for its robust direct democracy provisions, which give California voters broad powers to adopt new statutes, amend the constitution, repeal existing statutes, and recall elected officials. The constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval.
The California Constitution has been amended numerous times since its original drafting in 1849. The first California Constitutional Convention took place in 1849, and the second in 1879, which led to the creation of the modern Constitution of California. Since then, there have been several failed attempts to call a third constitutional convention. Instead, California has employed revision commissions and ballot initiatives to propose amendments to its constitution for voter approval.
A constitutional amendment may be placed on the ballot by either a two-thirds vote in the California State Legislature or by collecting signatures equal to 8% of the votes cast in the last gubernatorial election through the initiative process. The California Constitution also allows for revisions, which alter a large number of existing constitutional provisions or the nature of the state's basic governmental plan. While voters can propose amendments through the initiative process, they are not permitted to propose revisions. Revisions originally required a constitutional convention but today may be passed with the approval of two-thirds of the Legislature and a majority of voters.
The process of convening a constitutional convention to revise the constitution is outlined in Article XVIII (Amending and Revising the Constitution), Section 2 of the California Constitution. It states that the Legislature, by a roll-call vote entered in the journal, with two-thirds of the membership of each house concurring, may submit the question of calling a convention to revise the Constitution at a general election. If a majority of voters vote yes, the Legislature must provide for the convention within six months. Delegates to the constitutional convention are to be voters elected from districts as equal in population as possible.
Amending the Constitution: An Uphill Battle
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Citizen's initiative
California's constitution is known for its strong direct democracy provisions, which give voters the power to directly add, repeal, or amend provisions of the state constitution or statutes. This can be done through ballot propositions, which can be proposed by the legislature or by citizens.
The citizens' initiative process allows voters to propose amendments (but not revisions) to the California Constitution. To get an amendment proposal on the ballot, a petition must be submitted to the Secretary of State with the certified signatures of at least 8% of the total votes cast for all candidates for governor in the most recent gubernatorial election. As of the 2012 gubernatorial election, the signature requirement was 807,615.
Once an amendment proposal is on the ballot, it must be approved by a majority of voters to become law. This process has been used to amend the California Constitution over 500 times since its adoption, making it the second-most amended state constitution in the United States after Alabama.
The citizens' initiative process is just one of several ways to amend the California Constitution. The other methods include a legislative proposal, which requires a two-thirds vote in both houses of the legislature, and a constitutional convention, which can also be called by a two-thirds vote of the legislature. Any amendments proposed by a constitutional convention must also be approved by a majority of voters.
Amendments: Our Constitution's Evolution
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Voter approval
The California Constitution grants voters broad powers to adopt new statutes and constitutional amendments, repeal existing statutes, and recall elected officials. This is a direct democracy provision that was added in 1911 in response to concerns about the influence of wealthy interests.
Voters may propose amendments, but not revisions, through the initiative process. The initiative process requires a petition to be submitted to the Secretary of State with the certified signatures of 8% of the total votes cast for all candidates for Governor in the most recent gubernatorial election.
Amendments can also be proposed by the state legislature, which requires a two-thirds vote in both the Assembly and the Senate. Once an amendment is approved by the legislature, voters may approve or reject the measure at the ballot box. A simple majority of 50% plus one vote is required for the proposal to become law.
California's constitution has been amended over 500 times since its adoption, making it the second-most amended state constitution in the United States after Alabama. The most recent amendment, approved by voters on November 5, 2024, enshrined the right to reproductive freedom, including the right to abortion and contraception.
The Balanced Budget Amendment: Who Proposed It?
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Frequently asked questions
Voters can amend the California Constitution through a citizen's initiative or a legislative proposal. A citizen's initiative requires a petition with signatures from 8% of the total votes cast for all candidates for governor in the most recent gubernatorial election. A legislative proposal requires a two-thirds vote from each chamber of the California State Legislature before going on a statewide ballot for voter approval.
The California Constitution has been amended over 500 times since its adoption in 1849, making it the second-most amended state constitution in the United States after Alabama.
The California Constitution has been amended to include specific provisions such as defining English as the official language and establishing a compensation commission. One of the most well-known amendments is Proposition 13, adopted in 1978, which limited property taxes. More recently, voters approved an amendment enshrining the right to reproductive freedom, including abortion and contraception.
