Jonah Patel
California's current constitution, drafted in 1879, is one of the longest in the world and has been amended over 480 times, with some sources placing the number of amendments at over 500. The state's first constitution was ratified on November 13, 1849, and was published in English and Spanish. The current constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. California's constitution is unique in that it strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers.
| Characteristics | Values |
|---|---|
| Number of times the constitution has been amended | Over 480 times or 500 times since 1879 |
| Number of times the constitution has been amended since 1911 | Over 500 times |
| Number of times the constitution has been amended since 1986 | 44 times |
| Number of state constitutional conventions held | 2 |
| Number of times a third constitutional convention was attempted | 6 times |
| Number of times the constitution has been amended through ballot propositions | 1 time |
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What You'll Learn
The California Constitution has been amended over 480 times
California's constitution was first drafted in 1849 and has been amended over 480 times since then. The constitution is the primary organising law for the US state of California, outlining the duties, powers, structures, and functions of its government. It was written in both English and Spanish by American pioneers, European settlers, and Californios (Hispanics of California). The constitution was ratified on 7 May 1879, following the Sacramento Convention of 1878-79.
The California Constitution is one of the longest in the world, and 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 constitution has been amended to include very specific provisions, such as defining English as the official language of California and establishing a compensation commission.
The constitution can be amended or revised through legislative proposal, convention to revise the constitution, or initiative. Legislative proposal requires a roll call vote in the Legislature with two-thirds of the members of each house concurring. A constitutional convention also necessitates a roll call vote with two-thirds of each house's membership agreeing, and any proposed amendments are then submitted to voters at a general election. For an initiative, electors may amend the constitution by gathering enough signatures on a petition submitted to the Secretary of State.
California's constitution has been amended numerous times to protect individual rights, often providing broader protections than the United States Bill of Rights. For example, in the Pruneyard Shopping Center v. Robins case, the state constitution was construed as protecting an implied right to free speech in private shopping centres. Additionally, California's constitution played a role in the first decision in America in 1972, which found that the death penalty is unconstitutional.
The most recent amendment to the California Constitution was approved by voters on November 5, 2020, with the approval of Proposition 3.
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Amendments can be made through legislative proposal, convention or initiative
California's current constitution, which was ratified on May 7, 1879, 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.
A legislative proposal requires a roll call vote in the Legislature, with at least two-thirds of the members of each house concurring. A convention to revise the constitution also requires a roll call vote in the Legislature, with two-thirds of each house's membership agreeing. Any amendment proposed by the convention may then be 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 the measure. This is a form of direct democracy, where propositions are proposed either by the Legislature or by citizens through petitions with the required number of voter signatures. 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 electors. A majority of electors must then vote to approve the proposed amendments for them to take effect.
California has had an ongoing constitutional convention, with voters regularly approving amendments to its constitution. This has contributed to the length of the California Constitution, which is one of the longest in the world. The state's first constitution was ratified in 1849 and was amended several times before the drafting of the current constitution in 1879. The 1879 constitution has itself been amended or revised numerous times, with efforts to convene a third constitutional convention proving unsuccessful.
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Amendments require voter approval
California's current constitution, which was ratified on 7 May 1879, 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. All of these methods require voter approval.
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 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.
An initiative allows electors to amend the constitution by proposing legislation and compelling the legislature or the full electorate to vote on the measure. This can be done through ballot propositions, which are proposed either by the Legislature or by citizens through petitions. 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 electors.
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 vote for the election, unless the language of the amendment states otherwise. If conflicting measures are approved at the same election, the provisions of the measure receiving the highest affirmative vote shall prevail.
California's constitution has been amended numerous times since its adoption, making it one of the longest in the world. The 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.
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Amendments have addressed individual rights and liberties
The Constitution of California has been amended numerous times, with sources citing figures of over 480 and 500 amendments since 1879. The 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 constitutional amendments.
The California Constitution has also been amended to provide broader protections for individual rights than the Bill of Rights in the federal constitution. For example, in the Pruneyard Shopping Center v. Robins case, the California Constitution was interpreted as protecting free speech rights in private shopping centers, going beyond the First Amendment to the United States Constitution.
Additionally, California's state constitution was the first in the nation to explicitly prohibit the death penalty as a form of punishment, deeming it "cruel or unusual," which provides stronger protection than the Eighth Amendment to the U.S. Constitution, which prohibits "cruel and unusual" punishment.
Furthermore, the California Constitution grants women equality of rights in "entering or pursuing a business, profession, vocation, or employment." This is the earliest state constitutional equal rights provision on record.
The constitution has also been amended to include specific provisions, such as defining English as the official language of California and establishing a compensation commission. Amendments have also addressed the powers, privileges, and responsibilities of the California State Legislature, the California State Assembly, and the California State Senate, including making statements in favor of term limits for legislators.
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Amendments have addressed state governance and agency creation
The Constitution of California has been amended numerous times since its ratification in 1879, with the majority of these amendments relating to state governance and the creation of various agencies and commissions. These changes have played a significant role in shaping the administrative landscape of the state.
One key area of focus for these amendments has been the establishment and empowerment of state agencies. For instance, the Constitution now recognizes several key agencies, each with its own specific role. The California Transportation Commission, for instance, was established through constitutional amendment to oversee the state's transportation system. Similarly, the California Coastal Commission was created to protect and manage the state's coastline and ocean resources. These amendments ensure these agencies have the necessary authority and independence to carry out their important work.
The amendments have also been used to define and refine the roles of various state officials, ensuring a clear division of powers and responsibilities. For example, amendments have clarified the powers of the Governor, including their role in appointing officials and filling vacancies, as well as their emergency powers. The roles of the Lieutenant Governor and other statewide elected officials have also been defined and, in some cases, expanded through constitutional amendments.
In addition to creating and empowering agencies, constitutional amendments have been used to address a range of other governance issues. This includes amendments related to the state's fiscal management, such as those establishing the state lottery and defining how its proceeds should be allocated. Amendments have also been used to shape the state's approach to education, with the most notable example being the famous Proposition 13, which limited property taxes and had a significant impact on school funding.
Through these amendments, California's constitution has evolved to meet the changing needs and priorities of the state, ensuring its governance structure remains responsive and effective. The process of amending the constitution allows for the necessary flexibility to adapt to new challenges and opportunities, while also providing a mechanism to ensure the state's agencies and officials are equipped with the powers they need to serve California's residents. This dynamic approach to constitutional governance helps ensure the state can effectively address the needs and aspirations of its citizens.
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Frequently asked questions
California's current constitution has been amended over 480 times since 1879.
California's constitution can be amended or revised through a legislative proposal, a convention to revise the constitution, or an initiative. All three methods require voter approval.
Voters in California regularly approve amendments to their constitution. The most recent amendment was approved on November 5, 2024.
California's constitution is one of the longest in the world. The large number of amendments 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 constitutional amendments.
California has had two constitutions. The first was ratified on November 13, 1849, and was published in English and Spanish. The current constitution was ratified on May 7, 1879, and has been amended over 480 times.
