Jonah Patel
The California Constitution is one of the longest in the world, with 35 articles and over 480 amendments, while the US Constitution has 7 articles and 27 amendments. The California Constitution was drafted in both English and Spanish and has been amended several times since its adoption in 1849. It underwent a major revision in 1962, when the electorate approved the creation of a California Constitution Revision Commission to address concerns about its length and incoherence. The US Constitution vests the federal government with specific powers, while reserving powers not enumerated to the states under the Tenth Amendment. In contrast, the California Constitution provides additional protections for individuals and businesses, covering topics such as direct democracy, water rights, and labor relations. Both constitutions share similarities in protecting fundamental rights, such as freedom of expression and religion, but differ in their level of detail and interpretation.
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What You'll Learn
The California Constitution is longer and more detailed
The California Constitution is one of the longest in the world. It has been amended an average of five times a year since its enactment, and by 1962, it had grown to 75,000 words. The length of the California Constitution can be attributed to several factors, including the influence of previous Mexican civil law, a lack of faith in elected officials, and the fact that many initiatives take the form of constitutional amendments.
The California Constitution's length is also due to additions by California ballot propositions, which allow for the enactment of amendments by a simple majority vote in a referendum. The state's initiative process has led to numerous changes to the constitution over the years, affecting the rights of citizens. For example, Proposition 209 prohibits the state and its political subdivisions from discriminating against or offering benefits to individuals based on sex, race, or ethnicity.
The California Constitution's detail can be seen in its specific protections and guarantees of individual rights. For instance, it provides greater protections for certain rights than the federal constitution, such as the right to free speech and freedom from cruel or unusual punishment. The California Constitution also covers diverse topics not addressed by the federal Constitution, such as direct democracy, water rights, and labor relations.
The California Constitution's Declaration of Rights in Article I, derived from New York's constitution, remains largely intact today. While the original rights protected in the 1849 Constitution are mostly still upheld, California's Declaration of Rights has been amended numerous times, resulting in a longer and more detailed document than the federal Bill of Rights.
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It provides additional protections for individuals and businesses
The California Constitution provides additional protections for individuals and businesses. The state of California is afforded the right to provide these additional protections and laws as long as they do not violate the overarching United States Constitution. The California Constitution is one of the longest in the world, and its length has been attributed to factors such as the influence of previous Mexican civil law, a lack of faith in elected officials, and the fact that many initiatives take the form of a constitutional amendment.
The California Constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers. It also includes a Declaration of Rights that protects life, liberty, the right to acquire, possess, or protect property, and rights to safety, happiness, and privacy. The Declaration of Rights, found in Article I of the 1849 California Constitution, was mostly derived from New York's constitution and remains largely intact today. While the original rights protected in the 1849 Constitution are still largely protected by the current Constitution, California's Declaration of Rights has been amended numerous times, resulting in a much longer and more detailed document than the Bill of Rights.
The California Constitution also provides additional protections in areas such as direct democracy, water rights, and labor relations, which are not addressed by the federal Constitution. For example, California's free speech clause has been found to be more protective than its federal analogue due to textual differences. In the case of Robins v. Pruneyard Shopping Center, the California Supreme Court ruled that state constitutions may be more protective of individual rights than the federal Constitution.
In addition, California's constitution defines the structure of the state's government and protects many individual rights, including several that are not protected by the federal Constitution. For instance, California's constitution limits the ability of the state's governments to impose taxes, fees, assessments, and charges, which is not explicitly addressed in the US Constitution.
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It protects direct democracy
California's constitution is one of the longest in the world, and it has been amended or revised over 500 times since 1911. It is also one of the nation's most influential, offering additional protections for individuals and businesses beyond those in the US Constitution.
The California Constitution strongly protects direct democracy, which has been under attack by legislators and special interests. Direct democracy in California allows voters to place initiatives or referendums on the ballot, and to enact statutes, amend the constitution, quash legislative enactments, and recall elected officials. For example, in 2003, voters recalled the governor.
However, lawmakers have attempted to make this process more difficult by proposing bills that would prohibit paying petition circulators on a per-signature basis, effectively raising the costs to qualify statewide ballot measures. A proposed constitutional amendment also seeks to change the burden of proof for passing a referendum, thereby limiting voters' ability to reconsider a bill passed by the Legislature.
The courts and the Legislature have a role to play in protecting direct democracy by heading off challenges to the referendum and initiative processes that would impede the will of voters. The California Supreme Court has, for example, found California's free speech clause to be more protective than its federal analogue, with the US Supreme Court establishing that state constitutions may offer more protection than the federal Constitution.
California's direct democracy also extends to the realm of equal protection, with California courts applying just two levels of scrutiny when analyzing an equal protection claim, rather than the three applied by federal courts. California courts also recognize more suspect classifications, including gender, sexual orientation, and immigration status.
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It has more amendments
The California Constitution has been amended or revised numerous times, giving it a much greater number of amendments than the US Constitution. The US Constitution has 27 amendments, while California has over 480. This large difference in the number of amendments is notable, as is the length of the California amendments, which are much more detailed and lengthy than those of the US Constitution.
The California Constitution is one of the longest in the world, and its length has been attributed to various factors, such as the influence of previous Mexican civil law, a lack of faith in elected officials, and the fact that many initiatives take the form of constitutional amendments. The procedures for amending the California Constitution have been criticised as being too lax, leading to a constitution filled with irrelevant detail and incoherent policies.
The ease of amending the California Constitution has resulted in a document that provides additional protections for citizens and their businesses. The California Constitution elaborates on the basic rights provided by the US Constitution, with additional protections in areas such as equal protection, direct democracy, water rights, and labour relations. For example, California courts apply just two levels of scrutiny when analysing an equal protection claim, whereas federal courts apply three. This makes it more likely that the use of suspect classifications such as gender, sexual orientation, and immigration status by a California governmental entity will be invalidated.
The California Constitution also includes specific anti-tax provisions, limiting the ability of California governments to impose taxes, fees, assessments, and charges. This has resulted in a cap on the property tax rate and the requirement for new taxes to be adopted by a two-thirds majority vote.
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It's easier to amend
The California Constitution has been amended or revised over 500 times since 1911, and its length has been criticised as being too verbose and filled with irrelevant details. The length of the California Constitution is attributed to several factors, including the influence of previous Mexican civil law, a lack of faith in elected officials, and the fact that many initiatives take the form of constitutional amendments.
The ease of amending the California Constitution can be traced back to the Progressive Era, when politicians pioneered the concept of aggressively amending the state constitution to remedy perceived evils. This period also saw the addition of anti-tax provisions, limiting the ability of California's governments to impose taxes, fees, assessments, and charges.
The California Constitution has a dedicated article labelled "Amending and Revising the Constitution", outlining four sections related to amending the state constitution. These include processes such as the initiated constitutional amendment, legislatively referred constitutional amendment, and constitutional convention.
The ease of amending the California Constitution has resulted in a more detailed and specific document compared to the US Constitution. For example, the California Constitution provides more specific protections for freedom of religion, with explicit guarantees for the "free exercise and enjoyment of religious profession and worship, without discrimination or preference". In contrast, the US Constitution takes a more general approach, stating that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof".
The California Constitution also provides additional protections for businesses and individuals, going beyond the protections outlined in the US Constitution. For instance, the California Supreme Court has found that the state's free speech clause is more protective than its federal analogue due to textual differences.
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Frequently asked questions
The US Constitution vests the federal government with specific powers, while the California Constitution provides additional protections for individuals and their businesses.
The California Constitution has a Declaration of Rights, which includes amendments that touch upon religion, free speech, and the death penalty. It also covers topics like direct democracy, water rights, and labor relations.
The California Constitution is one of the longest in the world, with 35 articles and over 480 amendments. The US Constitution, on the other hand, has 7 articles and 27 amendments. The California Constitution is also more detailed and specific, leaving less room for interpretation.
