Malcolm Rivera
California's current constitution was ratified on May 7, 1879, and has been amended several hundred times since. The state's initial constitution, written in 1849, came under scrutiny during a period of economic change and was criticised for failing to address critical aspects of modern society. The current constitution has been amended an average of five times per year since its enactment, leading to criticism that the procedures for amending it are too lax.
| Characteristics | Values |
|---|---|
| Number of times the California Constitution of 1879 has been amended | Over 480 |
| Average number of times amended per year | 5 |
| Number of times amended between 1911 and 1986 | Over 500 |
| Number of times amended by 1962 | N/A |
| Length of the constitution in 1962 | 75,000 words |
| Number of times amended by 2024 | 524 |
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What You'll Learn
California's constitution of 1849
California has had two constitutions. The first, enacted in 1849, was drafted by delegates whose proceedings were recorded by J. Ross Browne in *Report of the Debates in the Convention of California on the Formation of the State Constitution*. This report was published in Washington, D.C., in 1850, the year California was admitted to the Union. The original copy of the 1849 Constitution was handwritten on parchment and placed among the state archives.
The current California Constitution was ratified on May 7, 1879, and has since been amended or revised over 480 times. Between 1911 and 1986, it was amended or revised over 500 times. The Constitution has been described as bloated and filled with irrelevant detail and incoherent policies. This is partly due to the ease with which it can be amended—a simple majority vote in a referendum is sufficient to enact amendments.
The California Constitution is one of the longest in the world. Its length has been attributed to various 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. For example, several amendments authorised the creation of state government agencies, such as the State Compensation Insurance Fund and the California Department of Alcoholic Beverage Control. These amendments were designed to insulate the agencies from being attacked as an unconstitutionally broad exercise of police power or inherent judicial power.
The California Constitution also grants broader individual rights than the federal constitution. For example, it prohibits punishments that are "cruel or unusual", whereas the Eighth Amendment to the U.S. Constitution prohibits only punishments that are "cruel and unusual". The California Constitution also contains the earliest state constitutional equal rights provision on record, guaranteeing women equality of rights in "entering or pursuing a business, profession, vocation, or employment."
Amending the Constitution: Process of Abolishing Amendments
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Ballot propositions
California's current constitution, enacted in 1879, has been amended or revised numerous times. From 1911 to 1986, it was amended or revised over 500 times, an average of five times per year. By 2024, the total number of amendments had exceeded 480 and reached 524.
The high number of amendments has been 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 a constitutional amendment. The ease of amending the California constitution has led to criticism that the procedures are too lax, resulting in a lengthy constitution filled with irrelevant details and conflicting policies.
The California Constitution can be amended through legislative proposal, convention to revise the constitution, or initiative. A legislative proposal requires a roll call vote in the Legislature with two-thirds of the members of each house concurring. To convene a constitutional convention, a roll call vote is also needed, with two-thirds of each house's membership concurring. Any amendment proposed by the convention is then submitted to the voters at a general election.
The initiative process allows electors to propose legislation and compel the legislature or the full electorate to vote on it. A referendum is a type of proposition that gives electors the power to approve or reject certain types of statutes. Ballot propositions can be proposed by the Legislature or by citizens through petitions with the required number of voter signatures. These propositions may propose bond measures, constitutional amendments, or changes to existing statutes.
Inmate Rights: The Constitutional Amendment
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Amendments by majority vote
California's current constitution was ratified on May 7, 1879, and has been amended over 480 times. The constitution can be amended or revised through a legislative proposal, a convention to revise the constitution, or an initiative.
Referenda are propositions that allow the people to approve or reject legislative enactments. Initiatives are propositions that propose legislative or constitutional changes. Both the initiative and the referendum process are methods of direct democracy. Propositions are the proposed legislation for either the initiative or the referendum.
A majority of electors must vote to approve the proposed amendments or revisions. If successful, the changes will take effect the fifth day after the Secretary of State files the statement of the vote for the election unless the language of the amendment/revision states otherwise. If conflicting measures are approved at the same election, then the provisions of the measure receiving the highest affirmative vote shall prevail.
Amendments: The Constitution's Only Repeal
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Constitutional convention
California has had two Constitutions. The first Constitution of California was ratified on November 13, 1849, before California was admitted into the Union in 1850. The current California Constitution, which was drafted in 1879, has been amended numerous times since its enactment.
A constitutional convention is a gathering for the purpose of drafting or revising a constitution. It is one of the methods by which the California Constitution can be amended or revised. A constitutional convention requires a roll call vote in the Legislature, with two-thirds of each house's membership concurring. Any amendment proposed by the convention may then be submitted to the voters at a general election.
The 1879 California Constitution was drafted by 152 delegates who met in Monterrey. They reviewed the shortcomings of the previous constitution and addressed issues such as government revenues and expenditures, challenges faced by farmers, tax rates, and the need for an overhaul of the judicial system. The delegates radically changed most governmental departments and created the Board of Equalization to manage tax rates. The new constitution was ratified by a vote of 77,959 to 67,134.
The 1878–1879 Constitutional Convention Working Papers contain the records created during the convention, including administrative records, minutes, resolutions, and other documents.
There have been several attempts to hold a third constitutional convention in California, in 1897, 1914, 1919, 1930, 1934, and 1947. However, these efforts were unsuccessful.
The Unwritten Rights: Beyond the Constitution
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Amendments by initiative
California's Constitution of 1879 is one of the longest in the world. Its length has been attributed to various 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 state's constitution can be amended or revised through legislative proposal, convention to revise the constitution, or initiative. The electors may amend the constitution by initiative—a process that allows them to propose legislation and compel the legislature or the full electorate to vote on the measure. To be included on the ballot, a constitutional amendment 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. An initiative statute requires 5% of the total vote for all candidates for Governor at the most recent gubernatorial election.
Citizens of California may initiate legislation as either a state statute or a constitutional amendment. They also have the power to repeal legislation via veto referendum. Ballot propositions are proposed either by the legislature or by citizens. Propositions directly from the people are proposed by petitions circulated for the required number of voter signatures. Propositions from the legislature are adopted like other legislative measures.
California's constitution has been amended an average of five times per year since its enactment, with over 480 amendments since 1879. By 1962, the constitution had grown to 75,000 words, longer than any other state constitution except Louisiana's. This led to the creation of a California Constitution Revision Commission, which worked on a comprehensive revision of the constitution from 1964 to 1976. The electorate ratified the commission's revisions in 1966, 1970, 1972, and 1974, but rejected the 1968 revision, which would have made the state's superintendent of schools an appointed rather than an elected official.
Amending the Constitution: A Difficult But Not Impossible Task
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Frequently asked questions
California's Constitution of 1879 has been amended over 480 times.
On average, the California Constitution has been amended five times per year since its enactment.
The California Constitution can be amended through a legislative proposal, a convention to revise the constitution, or an initiative. A legislative proposal requires a roll-call vote in the Legislature with two-thirds of the members of each house concurring. A convention to revise the constitution also requires a roll-call vote with two-thirds of each house's membership concurring, after which the proposed amendment may be submitted to voters at a general election. An initiative allows electors to amend the Constitution directly, and requires a petition with certified signatures from 8% of voters to be included on the ballot.
By 1962, the California Constitution had grown to 75,000 words, making it the longest state constitution at the time, second only to Louisiana's. By the time of its revision in 1976, it had become so bloated that it was amended or revised over 500 times between 1911 and 1986.
![City Charter, Chapter 283, Acts of 1879, with Amendments to January 1,1912. Revised Ordinances of 1912, Standing Regulations, Statutes Relating to the City. With Appendix in 1917 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
![The Constitution of the State of California : Adopted in Convention at Sacramento, March 3, 1879, Ratified by a Vote of the People May 7, 1879,Together with All Amendments (1916) [Leather Bound]](https://m.media-amazon.com/images/I/61FbOFgXaEL._AC_UY218_.jpg)
