Eleanor Finch
The California Constitution is the fundamental legal document that establishes the duties, structure, and authority of the state. It is one of the longest in the world and has been amended hundreds of times since its original drafting in 1848. There are two ways to amend it: one involves the legislature and a public vote, and the other involves a citizen's initiative. The former is a two-step process: first, elected officials must approve the proposal by a two-thirds vote in both the Assembly and Senate. Then, voters may approve or reject the measure at the ballot box. If the proposal earns a simple majority of 50% plus one vote, it becomes law. The latter method, the initiative process, requires a petition with the requisite number of voters' signatures to be submitted to the Secretary of State, who then places it on the ballot.
| Characteristics | Values |
|---|---|
| Number of ways to amend the constitution | 2 |
| First way | Involves the legislature and a public vote |
| Second way | Involves a citizen's initiative |
| Legislative proposal requirement | Two-thirds of the members of each house must concur |
| Constitutional convention requirement | Two-thirds of each house's membership must concur |
| Initiative requirement | 8% of the votes cast in the previous gubernatorial election |
| Number of amendments since 1879 | More than 500 |
| Average number of amendments per year | 5 |
| Total number of words in the constitution in 1962 | 75,000 |
Explore related products
$9.99 $9.99
What You'll Learn
Legislative proposal
The California Constitution is the fundamental legal document that establishes the duties, structure, and authority of the state. It is one of the longest in the world, having been amended over 480 times since its ratification in 1879. Amendments to the Constitution can be proposed through two main methods: legislative proposal or citizen initiative. This response will focus on the legislative proposal process.
The legislative proposal method for amending the California Constitution involves a two-step process. First, a proposed amendment must be approved by a two-thirds majority in both houses of the Legislature through a roll call vote. This means that at least two-thirds of the members of the Assembly and the Senate must concur with the proposal. It is important to note that amendments proposed through this method are not subject to the same legislative deadlines as regular bills, and they do not require the Governor's signature.
Once an amendment clears the Legislature, it moves on to the second step of the process, where it is placed on the ballot for voters to decide. This can be done through a general election or a special election called by the Governor if deemed necessary. The proposed amendment becomes part of the Constitution only if it is approved by a majority of voters. This majority requirement can vary depending on the specific amendment and the rules in place at the time of the vote.
The legislative proposal process for amending the California Constitution is a rigorous and detailed procedure. It requires the support of a supermajority in the Legislature, followed by the approval of a majority of voters. This process allows for careful consideration and input from both elected officials and the citizens of California.
Amendments: How the Constitution Evolves
You may want to see also
Convention to revise constitution
The California Constitution can be amended or revised through a convention to revise the constitution. This method requires a roll call vote in the Legislature, with two-thirds of the members of each house concurring to convene a constitutional convention.
The Legislature, by roll call vote entered in the journal, with two-thirds of the membership of each house concurring, may submit at a general election the question of whether to call a convention to revise the Constitution. If a majority votes yes to this question, the Legislature must provide for the convention within six months.
Delegates to a constitutional convention are voters elected from districts as equally as possible in terms of population. There are three types of delegates: Assembly district, County, and Tribal. The number of delegates from Assembly districts is determined by the number of eligible voters in each district, with three delegates elected by and from a randomly selected pool of 50 eligible persons. There is one County delegate for every 175,000 residents in each County, with at least one County delegate per County. One delegate is selected by federally recognized tribes in each of California's four federal judicial districts.
California has held two state constitutional conventions in the past, in 1849 and 1879. The convention of 1849, also known as the 1849 Constitutional Convention of Monterey, was composed of 49 delegates and met for six weeks. The 1879 convention, known as the 1879 Constitutional Convention of Sacramento, was composed of 152 delegates and took a full year to finalize.
The Constitution, Supreme Court, and Amendments: United States' Foundation
You may want to see also
Citizen's initiative
The California Constitution can be amended through a citizens' initiative, which is a form of direct democracy. This process allows citizens to propose and enact changes to the state's constitution, bypassing the legislature.
To initiate this process, citizens must first gather a sufficient number of signatures on a petition. The specific requirement is 8% of the votes cast for governor in the previous gubernatorial election. This translates to a set number of signatures, which, for example, was just over 1 million signatures in the 2018 governor's election. This step ensures that the proposed amendment has a broad base of support before proceeding further.
Once the petition has been certified by the Secretary of State as having met the signature requirement, the initiative is then placed on the ballot for a statewide election. The proposed amendment becomes part of the constitution if it receives a simple majority support of 50% plus one vote. This step gives the ultimate decision-making power back to the voters, who have the final say on whether to approve or reject the proposed changes to their constitution.
The citizens' initiative process is a powerful tool for Californians to have a direct say in shaping their state's constitution. It provides a mechanism for bypassing the potential political polarization and deadlock in the legislature, ensuring that important constitutional changes can be made even without the unanimous support of elected officials. This process underscores the fundamental democratic principle of allowing citizens to have a direct role in governing and amending the laws that affect their lives.
The First Amendment: Our Right to Free Speech
You may want to see also
Explore related products
![Constitutional Amendment, Laws and Measures ... [to be] Submitted to the Electors of This State at the Next General Election, to be Held on the 4th day of November, 1912](https://m.media-amazon.com/images/I/61Pw9UymH1L._AC_UY218_.jpg)
Ballot measures
The California Constitution is one of the longest in the world, and it has been amended hundreds of times since its adoption in 1879. Ballot measures, also known as the initiative process, are one of the two ways to amend the constitution.
The initiative process allows citizens to bypass the legislature and place an amendment directly on the ballot for voter approval. This process was pioneered during the Progressive Era in the early 20th century as a way to counter the powerful railroads that controlled California's politics and economy. To get an amendment on the ballot through the initiative process, citizens must collect a sufficient number of signatures on a petition. The exact number of signatures required is 8% of the votes cast in the previous gubernatorial election, which amounts to approximately 1 million signatures, making it one of the lowest thresholds in the country. Once the signatures are verified by the Secretary of State, the initiative is placed on the next general election ballot or a special statewide election.
The other method to amend the California Constitution involves the legislature and a public vote. A constitutional amendment can be initiated by the Legislature if it passes both houses by a two-thirds vote. The governor does not need to sign off on the amendment, but it must be approved by a simple majority (50% plus one vote) of voters at the next general election or a special election called by the Governor. When the Legislature adopts a proposed constitutional amendment, it often also adopts a "companion bill" that contains detailed statutory provisions to implement the amendment if it is passed by the voters.
The ease of amending the California Constitution through ballot measures has led to some criticism. Politicians and political scientists argue that the procedures are too lax, resulting in a constitution filled with irrelevant details and incoherent policies created by conflicting majorities. However, the initiative process empowers citizens to have a direct say in shaping the state's constitution and addressing issues that elected officials may be deadlocked on or unable to preemptively pass an amendment for.
Ohio's Issue 1: A Constitutional Amendment?
You may want to see also
Governor's special election
The California Constitution can be amended through a special election called by the Governor. This process involves the Governor initiating a proposed constitutional amendment, which does not require the approval of the Legislature or the Governor's signature. However, for the amendment to become part of the constitution, it must be approved by the electorate during the special election.
The Governor's special election process is just one way to amend the California Constitution. Another method is through the legislative process, where an amendment can be initiated by the Legislature with a two-thirds vote in both houses. Similar to the Governor's process, a legislative amendment does not require the Governor's signature but needs the approval of the voters during the next general election.
Additionally, citizens of California can also initiate constitutional amendments through the ballot initiative process. This process empowers citizens to propose laws and amendments directly, bypassing the need for the Governor's or Legislature's support. To qualify for the ballot, a citizen-initiated constitutional amendment requires signatures from at least 8% of the total number of votes cast for the governor in the preceding election. Once qualified, the initiative is put to a vote, and if approved by the voters, it becomes part of the state constitution.
The state legislature can also place measures on the ballot as legislatively referred constitutional amendments. These referred amendments require a two-thirds vote in each chamber of the legislature. Regardless of the method used to propose an amendment, voter approval is essential for any changes to the California Constitution to take effect.
The California Constitution has been amended numerous times since its inception, and these amendments cover a wide range of topics, from establishing English as the official language to outlining term limits for legislators. The state's commitment to direct democracy is evident through its various amendment processes, ensuring that the people of California have a direct say in shaping their constitution and governance.
The Second Amendment: Right to Bear Arms Explained
You may want to see also
Frequently asked questions
There are two ways to amend the California Constitution. The first involves the legislature and a public vote, and the second involves a citizen's initiative.
The process of amending the California Constitution through the legislature involves two steps. First, elected officials must approve the proposal by a two-thirds vote in both the Assembly and Senate. Second, voters may approve or reject the measure at the ballot box. If the proposal earns a simple majority of 50% plus one vote, it becomes law.
To amend the California Constitution through a citizen's initiative, citizens must launch an initiative campaign and obtain a sufficient number of signatures on a petition. The number of signatures required is 8% of the votes cast in the previous gubernatorial election. Once the requisite number of signatures is obtained, the Secretary of State places the initiative on the ballot for voters to approve or reject.
