Simone Lawson
The California Constitution is the primary organising law for the US state of California, outlining the duties, powers, structures and functions of the government. The constitution has been amended and revised numerous times since its original drafting in 1849, with the current version adopted in 1879. The doctrine of separation of powers is a fundamental principle within the California Constitution, aiming to safeguard individual liberty by distributing government powers across three distinct branches: legislative, executive, and judicial. This concept, inspired by James Madison's ideas, is explicitly stated in the California Constitution, unlike in the US Constitution.
| Characteristics | Values |
|---|---|
| Separation of Powers | The California Constitution grants powers to three branches of government: legislative, executive, and judicial. |
| The separation of powers doctrine ensures that those who exercise power in one branch cannot exercise the powers of the other two. | |
| The California Constitution is more explicit than the US Constitution in demanding a strict separation of powers. | |
| The doctrine of separation of powers is the foundation of the entire constitutional system. | |
| The California Constitution's assignment of powers to separate branches prevents the legislature from delegating any law-making power. | |
| The California Constitution has been amended an average of five times each year since its enactment. | |
| The Constitution of California is among the longest in the world. |
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What You'll Learn
California's constitution and separation of powers
The California Constitution is the primary organising law for the US state of California, outlining the duties, powers, structures, and functions of the government of California. The constitution was drafted in both English and Spanish and adopted at the 1849 Convention of Monterey, following the Mexican-American War and in advance of California's Admission to the Union in 1850. The constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878-79.
The California Constitution has undergone numerous changes since its original drafting and has been amended or revised over 500 times since 1911. The constitution is among the longest in the world, with 75,000 words as of 1962, due to additions by California ballot propositions. Since its enactment, the California Constitution has been amended an average of five times each year.
The doctrine of separation of powers is the foundation of the entire constitutional system, and it is the most fundamental of all constitutional doctrines as it governs the distribution of government power. The separation of powers doctrine provides that those who exercise power in one branch of government cannot exercise the powers of the other two branches of government. The three branches of government are the legislative, executive, and judicial.
The California Constitution's separation of powers doctrine is set forth in Article III, Section 3 of the state constitution, which provides that the powers of state government are legislative, executive, and judicial. Article IV, Section 1 of the California Constitution provides that the legislative power of the state is vested in the California Legislature, which consists of the Senate and Assembly. The people, however, reserve the powers of initiative and referendum for themselves. The state constitution then provides that the supreme executive power of the state is vested in the governor in Article V, Section 1. The governor is responsible for ensuring that the law is faithfully executed. Finally, Article VI, Section 1 provides that the judicial power of the state is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.
While the three branches of state government are clearly established in the California Constitution, and their roles are specified, the branches sometimes operate in a manner that may overlap with another branch's role in government. For example, in 2020-21, Governor Newsom's exercise of "all police powers of the state" in formulating rules restricting individual liberties and shuttering businesses during the COVID-19 pandemic was seen by some as a violation of the separation of powers and an undermining of the rule of law.
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The three branches of government
The California Constitution is the primary organising law for the US state of California, outlining the duties, powers, structures and functions of the state's government. The constitution establishes a separation of powers, dividing the government into three branches: the legislative, executive, and judicial.
The legislative power of the state is vested in the California Legislature, which consists of the Senate and the Assembly. The people of California reserve the powers of initiative and referendum for themselves. The legislative branch is responsible for creating and amending laws, and its powers are outlined in Article IV, Section 1 of the California Constitution.
The executive power of California is vested in the Governor, who is responsible for ensuring that the laws of the state are faithfully executed. The Governor of California has the power to make rules binding on citizens, and this power is granted by the Legislature. The executive branch's role is specified in Article V, Section 1 of the California Constitution.
The judicial power of California is vested in the Supreme Court, the courts of appeal, and the superior courts, all of which are courts of record. The judicial branch interprets the laws, resolves legal disputes, and ensures equal justice under the law. The judicial branch's powers are outlined in Article VI, Section 1 of the California Constitution.
While the three branches of government are separate and their roles are clearly established, there may be instances of overlap in their functions. Additionally, the California Constitution's non-delegation doctrine prohibits the state legislature from delegating its law-making powers to any other branch of government. This doctrine is a fundamental principle of the constitutional system, safeguarding individual liberty by ensuring that each branch operates within its designated sphere.
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The legislative branch
The California Constitution, drafted in 1849 and adopted in 1850, underwent several changes before the current version was ratified in 1879. It is the primary organising law for the US state of California, outlining the duties, powers, structures, and functions of the state government. The constitution has been amended an average of five times annually since its enactment, totalling over 500 amendments between 1911 and 1986.
The California Constitution adheres to the separation of powers doctrine, dividing the state government into three branches: the legislative, executive, and judicial. This principle, established in Article III, Section 3, ensures that each branch operates independently, with distinct powers and roles.
The legislative power of the state is vested in this legislative branch, as outlined in Article IV, Section 1 of the California Constitution. The Legislature is responsible for enacting laws, which are published in the California Statutes and codified into the California Codes. The proceedings of the Legislature are summarised in regularly published journals, and since the 1990s, its sessions have been broadcast live across the state.
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The executive branch
The lieutenant governor is the president of the California Senate and acts as the governor in the governor's absence or when the governor is unable to execute the office. The lieutenant governor is also an ex officio member of the University of California Board of Regents and the California State University Board of Trustees and may break a tied vote in the Senate. The executive branch also includes other elected officers such as the attorney general, secretary of state, treasurer, controller, insurance commissioner, and superintendent of public instruction.
The California executive branch is organized into various departments and agencies. Most departments have been grouped into large Cabinet-level agencies, also known as "super-agencies," which operate as "umbrella organizations" for the various departments. The heads of these agencies typically hold the title of "secretary," while the heads of departments hold the title of "director." Notable Cabinet-level agencies include the California Business, Consumer Services and Housing Agency (BCSH), California Government Operations Agency (CalGovOps), California Environmental Protection Agency (CalEPA), California Health and Human Services Agency (CalHHS), and the California Labor and Workforce Development Agency (LWDA). These agencies are headquartered in Sacramento or parts of Sacramento County, with local offices around the state that report to the central headquarters.
The California Department of Human Resources, created in 2012, oversees the state's civil service system, with additional functions handled by the California State Personnel Board. The state auditor, who is appointed by the governor with confirmation by the legislature, operates independently of both the executive and legislative branches. The California executive branch also includes various commissions, such as the California Public Utilities Commission and the California Transportation Commission.
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The judicial branch
The Judicial Council of California is the administrative office of the court system and is the policymaking body for the branch. It has 21 voting members and six advisory members, and it is chaired by the state's Chief Justice. The Council's Administrative Office provides policy support and handles budgets, fiscal services, technology, education, human resources, and research. The Judicial Council also includes branch agencies such as the Habeas Corpus Resource Center, which provides legal representation to those who cannot afford it in capital cases, and the Commission on Judicial Performance, which investigates judicial misconduct and imposes discipline.
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Frequently asked questions
The separation of powers in California means that the powers of the government are provided to separate branches of government to operate. These are the legislative, executive, and judicial branches.
The separation of powers is meant to safeguard individual liberty. Each branch of government must stay in its own lane to protect individual liberty.
The United States Constitution does not contain any express language dealing with the separation of powers of the federal government. However, California's separation of powers doctrine is explicitly stated in Article III, Section 3 of the state constitution.
The separation of powers in California has resulted in the rise of the contract city, where cities can pay counties to perform governmental functions for them. It also means that cities' local laws can sometimes take precedence over state law.
No, the separation of powers cannot be ignored. It is the foundation of the entire constitutional system and is the most fundamental of all constitutional doctrines. Ignoring it would do violence to the rule of law.
