Malcolm Rivera
The California Constitution is one of the longest in the world. It has been amended an average of five times per year since its enactment, and by 1962, it had grown to 75,000 words. The length of the California Constitution has been a topic of discussion, with some arguing that the procedures for amending it are too lenient, resulting in a document filled with irrelevant details and conflicting policies. In 1962, a California Constitution Revision Commission was formed to address this issue, and they successfully removed about 40,000 words from the constitution. Despite these efforts, the California Constitution remains a lengthy document, with a complex history of revisions and amendments.
| Characteristics | Values |
|---|---|
| Number of words | 40,000 words removed by the Commission, previously 75,000 words in 1962. The exact number of words is unclear. |
| Amendments | Amended or revised over 500 times between 1911 and 1986. Since its enactment, it has been amended an average of five times per year. |
| Length compared to other constitutions | One of the longest in the world. If California were a sovereign state, it would rank second or third-longest. |
| Ease of amendment | Easier to amend than the federal charter. Amendments can be placed on the ballot by a two-thirds vote in the California State Legislature or by signatures equal to 8% of votes cast in the last gubernatorial election. |
| Individual rights | Broader than the Bill of Rights in the federal constitution. For example, it includes the right to free speech in private shopping centers and equality of rights for women. |
| Equal protection | California courts apply two levels of scrutiny to equal protection claims, rather than the three applied by federal courts. |
| Punishment | Prohibits cruel or unusual punishment, whereas the federal Constitution prohibits cruel and unusual punishment. |
| Branches of government | Establishes three branches: legislative, executive, and judicial. |
| Number of elected offices | Nine separately elected offices are established, but only the governor and attorney general are described in detail. |
| Ratification | The electorate ratified revisions in 1966, 1970, 1972, and 1974, rejecting the 1968 revision. |
| First constitution | Approved in 1849, published in English and Spanish. |
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What You'll Learn
Why is California's constitution so long?
The California Constitution, with approximately 75,000 words, is one of the longest in the world. This length is due to a variety of factors, including the state's unique history, the evolution of its government, and the direct involvement of its citizens through the initiative process.
The document's length also reflects California's complex and comprehensive approach to governance. It covers a wide range of topics, from the structure and powers of the state government to the protection of individual rights and the management of natural resources. The constitution has evolved over time to address the changing needs and priorities of the state and its citizens. Amendments and revisions have been made to keep pace with social, economic, and political developments, and to incorporate new policies and programs.
The initiative process, which allows citizens to directly propose and enact laws, has also contributed to the length of the constitution. This process has been used extensively in California, with citizens proposing and passing a wide range of measures, many of which have been incorporated into the constitution. While this has resulted in a longer document, it also reflects the state's commitment to direct democracy and the active participation of its citizens in the governance process.
Another factor is the level of detail and specificity in the constitution. Many sections include explicit instructions and procedures, rather than broad outlines or general principles. For example, the constitution includes detailed provisions on the state's budget process, the management of public lands, and the rights and benefits of public employees. This level of detail is intended to provide clear guidance and ensure consistent implementation, but it also contributes to the overall length of the document.
Finally, the length of the California Constitution can be attributed to the state's diverse and dynamic population, and the resulting need to address a wide range of issues and concerns. As the most populous state in the country, with a diverse economy and a history of innovation, California faces unique challenges and opportunities. The length of its constitution reflects the state's effort to comprehensively address these complexities and provide a framework for effective governance.
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How often is the California constitution amended?
The California Constitution, with just under 75,000 words, is one of the lengthiest state constitutions in the United States. This lengthy document is a product of frequent amendments, as the state's constitution has been revised and altered numerous times since its initial adoption in 1849. On average, the constitution is amended once a year, but there have been years with no changes, and other years have seen multiple amendments. The process of amending the California Constitution is designed to be deliberate and considered, involving both the state legislature and, often, a vote of the people.
Article XVIII of the California Constitution outlines the methods by which it can be amended. The most common method is through a legislative constitutional amendment, which originates in the state legislature. Both houses must pass the proposed amendment by a two-thirds vote, and then it is put before the voters at the next general election. If a majority of voters approve, the amendment becomes part of the constitution. This process can occur every year that the legislature is in session, and it is the most frequent mechanism for amending the constitution.
In addition to legislative amendments, the constitution can also be amended through a constitutional convention. This method has been used only once in California's history, in 1878-1879, resulting in the constitution that is still in effect today. To call a constitutional convention, a majority of voters must approve the idea in two consecutive elections. While this method allows for more sweeping changes and a comprehensive review of the entire document, it is a more cumbersome and time-consuming process and, as such, is rarely utilized.
The frequency of amendments to the California Constitution highlights the adaptability of the document to the evolving needs and priorities of the state. While some critics argue that the ease of amending the constitution leads to an overly lengthy and complex document, supporters contend that it ensures the constitution remains relevant and responsive to the will of the people. The process of amending California's constitution strikes a balance between legislative action and voter approval, reflecting a commitment to democratic principles and popular sovereignty.
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How does California's constitution compare to other constitutions?
The California Constitution is one of the longest in the world, with some sources stating that it is the third-longest constitution. This length is due to the ease with which it can be amended. A constitutional amendment can be placed on the ballot by a two-thirds vote in the California State Legislature or by signatures equal to 8% of the votes cast in the last gubernatorial election. This signature requirement is among the lowest thresholds for similar measures of any U.S. state. The California Constitution has been amended an average of five times each year since its enactment, with some sources stating that it has been amended over 500 times between 1911 and 1986.
The length and frequency of amendments to the California Constitution have led to criticism, with politicians and political scientists arguing that the procedures for amending it are too lax. This has resulted in a constitution filled with irrelevant details and incoherent policies created by conflicting majorities.
In comparison, the U.S. Constitution has been amended just 27 times in more than 200 years. The federal constitution creates a government of limited and delegated powers, and any powers not enumerated in it are reserved for the states under the Tenth Amendment. In contrast, California's government has all powers not denied to it by the state constitution, so its legislature can do anything not prohibited by its charter. As a result, California's constitution is a lengthy document filled with rules and regulations for a state government that would otherwise be largely unrestrained.
Additionally, the California Constitution provides greater protections for certain rights than the federal constitution. For example, California's constitution was the first in the nation to include an explicit right to privacy, providing greater protection for informational and autonomy privacy. It also prohibits cruel or unusual punishment, while the Eighth Amendment of the U.S. Constitution prohibits only punishments that are "cruel and unusual." California's constitution also includes protections for gender, sexual orientation, and immigration status, which are not explicitly mentioned in the federal constitution.
In summary, the California Constitution is much longer and more detailed than the U.S. Constitution due to the ease of amending it and the nature of its government. It also provides additional protections and rights for its citizens that are not included in the federal constitution.
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What are the key contents of the California constitution?
The California Constitution is one of the longest in the world, with around 75,000 words. This is mainly due to the ease of amending the constitution through California ballot propositions, which allow for amendments by a simple majority vote in a referendum. The California Constitution has been amended an average of five times per year since its enactment, and between 1911 and 1986, it was amended or revised over 500 times.
The Constitution of California is the primary organising law for the state of California, outlining the duties, powers, structures and functions of the government of California. It was drafted in both English and Spanish following the Mexican-American War and in advance of California's Admission to the Union in 1850. The constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878-79.
The California Constitution guarantees individual rights, including the right to free speech and the prohibition of cruel or unusual punishments. It also ensures equality of rights for women in "entering or pursuing a business, profession, vocation, or employment."
The Constitution also mentions two universities: the public state-run University of California and the private Stanford University. The University of California is one of only nine state-run public universities in the US with independence from political interference guaranteed by the state constitution. Stanford University, meanwhile, enjoys a constitutional clause shielding Stanford-owned property from taxes as long as it is used for educational purposes.
The California Constitution is divided into several articles, each covering different subjects. Article I is the "Declaration of Rights," containing 32 sections affirming the inalienable rights of all people, including life, liberty, property, and the pursuit of safety, happiness, and privacy. Article II, "Voting, Initiative and Referendum, and Recall," has 20 sections, including provisions on ballot initiatives and the secrecy of voting. Article III, "State of California," outlines the basic characteristics of the state government's organisation and includes provisions on suing the state. Article IV, "Legislative," details the powers, privileges, and responsibilities of the California State Legislature, Assembly, and Senate, including statements in favour of term limits. Article XII, "Public Utilities," defines the scope of the state's Public Utilities Commission, while Article XIII, "Taxation," lays out detailed provisions on taxable and exempt properties.
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How has the California constitution changed over time?
The California Constitution is one of the longest in the world. It has undergone numerous changes since its original drafting, with the current constitution being ratified on 7 May 1879. The constitution has been amended an average of five times a year since its enactment, with over 480 amendments made to the constitution since 1879. From 1911 to 1986, the California Constitution was amended or revised over 500 times.
The length of the California Constitution 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 constitution has also been amended to authorise the creation of state government agencies, such as the State Compensation Insurance Fund and the California Department of Alcoholic Beverage Control. The California Constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers.
The California Constitution has also been amended to include specific provisions, such as defining English as the official language of California and establishing a compensation commission. The constitution also includes a strong statement in favour of term limits for legislators, arguing that unlimited terms create a class of "career politicians" who become representatives of bureaucracy rather than the people.
The process of amending the California Constitution has been criticised as being too lax, with politicians and political scientists arguing that it has led to a constitution filled with irrelevant details and incoherent policies. The signature requirement for constitutional amendments is also one of the lowest thresholds in the United States, with only 8% of votes required. This has resulted in frequent changes to the constitution, with some arguing that the state constitution is too easy to amend compared to the federal charter.
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Frequently asked questions
The California Constitution is one of the longest in the world. By 1962, it had grown to 75,000 words. However, a revision in 1974 removed about 40,000 words.
The length of the California Constitution has been attributed to several factors, including the influence of previous Mexican civil law and a lack of faith in elected officials. The constitution has also been amended an average of five times a year since its enactment, often by a simple majority vote in a referendum.
The California Constitution is longer than the U.S. Constitution, which consists of 7,762 words. If California were a sovereign state, its constitution would rank as the second or third-longest in the world.
