Malcolm Rivera
The California Constitution is the fundamental legal document that establishes the duties, structure, and authority of the state. It is one of the longest in the world, having been amended over 500 times since its enactment in 1879. There are several ways to amend the California Constitution, including through the legislature, a convention, or a citizen's initiative. Amendments can be proposed by the legislature or by citizens and must be approved by a majority of voters in the state. This process has led to widespread criticism that the procedures for amending the California Constitution are too lax, resulting in a constitution filled with irrelevant details and incoherent policies.
| Characteristics | Values |
|---|---|
| Number of state constitutions | 2 |
| Current constitution adopted | 1879 |
| Number of articles in the current constitution | 35 |
| Number of amendments | 524 |
| Last amendment | November 5, 2024 |
| Amendment methods | Legislative, citizen-initiated, convention-referred |
| Requirement for legislative amendment | Two-thirds vote in both houses |
| Requirement for citizen-initiated amendment | 8% of votes cast in the previous gubernatorial election |
| Requirement for convention-referred amendment | Two-thirds vote in both houses |
| Average number of amendments per year | 5 |
Explore related products
$19.99 $19.99
What You'll Learn
Legislative proposal
The California Constitution is the fundamental legal document that establishes the duties, structure, and authority of the state. It is one of the longest in the world, having been amended over 500 times since its enactment in 1879. The constitution can be amended through a legislative proposal, a convention to revise the constitution, or an initiative.
A legislative proposal to amend the California Constitution requires a roll call vote in the Legislature, with two-thirds of the members of each house concurring. This equates to 54 votes in the Assembly and 27 votes in the Senate. A constitutional amendment can be initiated by the Legislature if it passes both houses by this two-thirds majority vote. A constitutional amendment does not need the Governor's signature, but it only becomes part of the constitution if the electorate approves it at the next general election. A special election can also be called by the Governor to consider a proposed constitutional amendment if it is deemed necessary.
When the Legislature adopts a proposed constitutional amendment, it often also adopts a companion bill, which takes effect only if the constitutional amendment is passed by the people. These companion measures generally contain detailed statutory provisions that would implement the constitutional amendment.
The California Constitution can also be amended through the "initiative process." This allows citizens to bypass the legislature and force an initiative on the ballot by obtaining a sufficient number of signatures on a petition. This requires the signatures of at least 8% of the votes cast in the previous gubernatorial election, which is one of the lowest thresholds in the country. If the signature requirements are met, the initiative will then be placed on the next general election ballot, or a special statewide election if it is held beforehand. A majority of electors must then vote to approve the proposed amendments or revisions for them to take effect.
Abolishing Constitutional Amendments: A Step-by-Step Guide
You may want to see also
Citizen's initiative
The California Constitution is the fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It is one of the longest constitutions in the world, with 35 articles and numerous amendments. The length of the California Constitution has been attributed to various factors, including the influence of previous Mexican civil law, a lack of faith in elected officials, and the prevalence of initiatives in the form of constitutional amendments.
The California Constitution can be amended through a citizen initiative process, also known as a ballot proposition. This process allows citizens to directly propose amendments to the constitution by gathering a sufficient number of signatures on a petition. The specific requirements for a citizen-initiated constitutional amendment are outlined in the California Constitution and related laws.
To initiate a constitutional amendment through a citizen initiative, a petition must be submitted to the California Secretary of State with a certain number of valid signatures. The exact number of signatures required is defined as 8% of the votes cast for the governor in the most recent gubernatorial election. This requirement has been in place since 1912, when citizens were first allowed to initiate constitutional amendments.
Once the required number of signatures is verified by the Secretary of State, the proposed amendment is placed on the ballot for voter approval. This process is known as the initiative process and allows citizens to directly participate in amending their state's constitution. It is important to note that the California State Legislature cannot amend or repeal an approved citizen initiative without submitting the change to voters for approval.
In summary, the citizens' initiative process in California allows individuals to propose constitutional amendments by gathering a sufficient number of signatures on a petition. The proposed amendment is then placed on the ballot, and if approved by a majority of voters, it becomes part of the California Constitution. This process empowers citizens to have a direct impact on shaping the laws and governance of their state.
How Senators Were Elected Before the 17th Amendment
You may want to see also
Convention to revise constitution
The California Constitution is the state constitution of California. It is the primary organising law for the state, outlining the duties, powers, structures, and functions of the government. The current California Constitution was adopted in 1879 and has been amended 524 times.
The California Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. A constitutional amendment can be initiated by the Legislature if it passes both houses by a two-thirds vote. A constitutional amendment does not need the Governor's signature but becomes part of the constitution only if the electorate approves it at the next general election. A constitutional revision originally required a constitutional convention but today may be passed with the approval of two-thirds of the Legislature and a majority of voters.
The state legislature is allowed to propose revisions (not just amendments) to the constitution. If measures conflict and both get more than 50% of the vote, the one with the highest number of votes prevails. According to Section 2 of Article XVIII, if two-thirds of the members of each chamber of the state legislature agree, a question as to whether to call a convention to revise the constitution goes on the state's next general election ballot.
The California Constitution has undergone numerous changes since its original drafting. It was rewritten from scratch several times before the drafting of the current 1879 constitution, which has itself been amended or revised. From 1911 to 1986, the California Constitution was amended or revised over 500 times. The constitution gradually became increasingly bloated, leading to efforts towards a third constitutional convention in 1897, 1914, 1919, 1930, 1934, and 1947. By 1962, the constitution had grown to 75,000 words, and the electorate approved the creation of a California Constitution Revision Commission, which worked on a comprehensive revision of the constitution from 1964 to 1976. The Commission ultimately removed about 40,000 words from the constitution.
Amending Missouri's Constitution: A Step-by-Step Guide
You may want to see also
Explore related products
$45.95 $45.95
Ballot propositions
In California, a ballot proposition is a referendum or initiative measure that is put to a direct vote by the electorate. If passed, it can alter the articles of the California Constitution, the 29 California Codes, or another law in the California Statutes. Ballot propositions can be proposed by the legislature or by citizens.
Legislative propositions are adopted like other legislative measures. They require a two-thirds vote in each house of the legislature. A special election can be called by the Governor to consider a proposed constitutional amendment if it is deemed necessary.
Citizens can also propose ballot propositions through the initiative process. This requires a petition with a minimum of 8% of the number of people who voted in the most recent election for governor (for a constitutional amendment) or 5% (for a statute). The number of signatures required for an initiative petition is determined by the California secretary of state, based on the initiative's filing date. The Attorney General prepares an official title and summary for the proposed law, and the California Legislative Analyst's Office submits a report. Once enough valid signatures have been submitted, the proposition is submitted to the legislature.
If a ballot proposition passes, it becomes part of the state constitution or the state's statutes. In the latter case, it has the same legal effect as if it had been passed by the state legislature and signed by the governor.
Health Care Privacy: Understanding the US Constitutional Amendment
You may want to see also
Special election
The California Constitution can be amended through a special election called by the Governor to consider a proposed constitutional amendment. This is one of three ways to amend the constitution, the other two being a legislative amendment or a citizen-initiated amendment. All three methods require voter approval.
A constitutional amendment can be initiated by the Legislature if it passes both houses by a two-thirds vote. It does not need the Governor's signature, but it only becomes part of the constitution if the electorate approves it at the next general election.
When the Legislature adopts a proposed constitutional amendment, it often also adopts a "companion bill", which takes effect only if the constitutional amendment is passed by the people. These companion measures contain detailed statutory provisions that would implement the constitutional amendment.
The constitution can also be amended through the "'initiative process'", which requires the signatures of the requisite number of voters on a petition. The minimum number of signatures for an initiative petition is at least 8% (for an amendment to the state constitution) or 5% (for a statute) of the number of people who voted in the most recent election for the governor. For 2020 and 2022, the minimum number of required signatures needed to be collected was 623,212 for a proposed statute and 997,139 for a proposed constitutional amendment. 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.
California's Constitution establishes rules for a wide range of legislative actions, from passing the state budget to increasing taxes to placing constitutional amendments on the ballot. Some actions need only a simple majority vote of each house of the Legislature, while others require a two-thirds vote of each house. Most legislative actions require the governor's signature, and some need voter approval.
Amendment Impact: Thirteenth's Legacy on the Constitution
You may want to see also
