Jonah Patel
The California Constitution is one of the longest in the world, and it has been amended over 500 times since its adoption in 1879. There are two main ways to amend it: through the legislature and voters, or through an initiative process. The former is a two-step process: first, a two-thirds majority of elected officials from both the Assembly and the Senate must approve the proposal; second, voters may approve or reject the proposal at the ballot box, with a simple majority determining whether the proposal becomes law. The latter method involves gathering the signatures of a requisite number of voters on a petition, which is then placed on the ballot by the Secretary of State.
| Characteristics | Values |
|---|---|
| Number of ways to amend | 2 |
| First way | Involving the legislature and voters |
| Second way | Involving an initiative |
| Average number of amendments per year | 5 |
| Total number of amendments | 500+ |
| Number of amendments since 1911 | 524 |
| Length of constitution | 75,000 words |
| Position in comparison to other constitutions | 2nd or 3rd longest |
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What You'll Learn
Amendments by the legislature and voters
The California Constitution is one of the longest in the world, and it has been amended over 500 times since 1911. This is due to several factors, including the influence of previous Mexican civil law, a lack of faith in elected officials, and the fact that many initiatives are constitutional amendments.
Amending the California Constitution through the legislature and voters is a two-step process. First, elected officials must approve the proposal by a two-thirds vote in both the Assembly and the Senate. This can be challenging due to increasing political polarisation and deadlock. Once the amendment passes the legislature, voters may approve or reject it at the ballot box. If the proposal receives a simple majority of 50% plus one vote, it becomes law.
The legislature can propose revisions to the constitution, not just amendments. If measures conflict but both receive more than 50% of the vote, the one with the most votes prevails. Ratified amendments take effect on the fifth day after the secretary of state files the election's statement of vote.
The constitution can also be amended through the initiative process, where a petition with the requisite number of voter signatures is placed on the ballot by the Secretary of State. This process bypasses the legislature, allowing citizens to propose and enact amendments directly.
California's constitution-amending process has been criticised as too lax, resulting in a lengthy document filled with irrelevant details and incoherent policies created by conflicting majorities. However, it has also been used to address perceived evils and grant strong protections to the corporate existence of cities and counties.
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Amendments by initiative
The California Constitution is one of the longest in the world, and it has been amended over 500 times since 1911. The length of the constitution 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 number of signatures required for an initiative petition varies and is typically calculated as a percentage of voter turnout from the previous election. For example, in California's 2018 gubernatorial election, more than 12 million people voted, so a petition would require signatures from just over 1 million voters (approximately 8%) to qualify for the ballot.
The initiative process empowers citizens to propose and enact constitutional amendments without relying on the legislature. However, it is important to note that not all initiatives may succeed in becoming law, as they still require majority approval from California's electorate.
The process of amending the California Constitution through initiatives has been utilized multiple times. For instance, in the lead-up to the March 2024 primary ballot, there was a legislative amendment to repeal the constitutional provision requiring local voter approval for public housing. This amendment was initiated through the process of gathering signatures and placing it on the ballot for voters to decide.
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Amendments by convention
The California Constitution is one of the longest in the world, and it has been amended over 500 times since 1911. The constitution has been criticised for being “bloated” and filled with “irrelevant detail and incoherent policies”. This is due to the ease with which it can be amended.
One way to amend the California Constitution is through a convention. A constitutional convention can be called if two-thirds of the members of each chamber of the state legislature agree to put the question to the state's voters at the next general election. A constitutional convention was last held in 1879, and there have been abortive attempts to hold a third constitutional convention in 1897, 1914, 1919, 1930, 1934, and 1947.
A constitutional amendment requires voter approval. It can be placed on the ballot by either a two-thirds vote in the California State Legislature or by signatures equal to 8% of the votes cast in the last gubernatorial election through the exercise of the initiative power by the voters. The signature requirement for constitutional amendments is among the lowest thresholds for similar measures of any U.S. state.
The California Constitution can also be amended through the “initiative process”, in which the signatures of the requisite number of voters on a petition are sufficient to cause the Secretary of State to place the petition on the ballot.
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Amendments by ballot propositions
The California Constitution is one of the longest in the world, and it has been amended over 500 times since 1911. The length and frequency of amendments have led to criticism that the procedures for amending the constitution are too relaxed.
One way to amend the California Constitution is through ballot propositions, which allow amendments by a simple majority vote in a referendum. This method of amending the constitution is known as the "initiative process." To get a proposition on the ballot, a petition must be signed by a requisite number of voters. If the proposition is approved by a majority of California's electorate, it becomes law.
The initiative process was pioneered by Progressive Era politicians in the early 20th century as a way to counter the powerful railroads that controlled California's politics and economy. This process has been used to amend the constitution in various ways, such as authorizing the creation of state government agencies and including specific provisions like defining English as the official language of California.
While the initiative process allows for direct citizen involvement in amending the constitution, it has also contributed to the length and complexity of the document. Some argue that it has led to a constitution filled with irrelevant details and incoherent policies created by conflicting majorities.
Despite the criticisms, the initiative process remains a valid method for amending the California Constitution, allowing citizens to have a direct say in shaping the state's fundamental legal document.
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Amendments by petition
The California Constitution is among the longest in the world, with more than 500 approved changes since 1911. The Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval.
The number of signatures required for a petition to amend the California Constitution is based on a percentage of the votes cast in the last gubernatorial election. For example, if more than 12 million people voted in the 2018 governor's election, then approximately 1 million signatures would be needed on the petition.
The initiative process allows citizens to propose and enact laws or constitutional amendments directly, bypassing the state legislature. This process was first introduced during the Progressive Era in the early 20th century as a way to counter the influence of powerful railroads in California's politics and economy.
While the initiative process provides a direct pathway for citizens to amend the California Constitution, it is important to note that not all proposed amendments will make it onto the ballot or ultimately be approved by voters. The process of amending the constitution through initiatives or the legislature can be complex and time-consuming, requiring careful planning and significant public support.
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Frequently asked questions
There are two ways to amend the California Constitution.
The first way involves the legislature and voters. Section 3 of Article 18 allows legislators to propose revisions to the state’s Constitution. Amending the Constitution through the legislature is a two-step process. 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.
The second way involves an initiative process. The signatures of the requisite number of voters on a petition are sufficient to cause the Secretary of State to place the petition on the ballot.
The California Constitution has been amended more than 500 times since 1911. It has been amended an average of five times per year.
The California Constitution has been amended so many times due to a variety of 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.
