Eleanor Finch
The California Constitution is the fundamental legal document that establishes the duties, powers, structure, and functions of the government of California. It is one of the longest constitutions in the world, with over 100 pages in length, and has been amended or revised hundreds of times since its original drafting in 1849. The document can be amended by the state legislature, by citizen-initiated ballot propositions, or by a constitutional convention, all of which require voter approval. This relative ease of amendment has led to criticism that the procedures for amending the California Constitution are too lax, resulting in a document filled with irrelevant details and incoherent policies.
| Characteristics | Values |
|---|---|
| Number of ways to amend the constitution | 3 (Legislative, citizen-initiated, or convention-referred) |
| Legislative amendment requirements | Two-thirds vote in both the Assembly and Senate |
| Citizen-initiated amendment requirements | 8% of votes from the previous gubernatorial election |
| Convention-referred amendment requirements | Majority vote of the state's electorate |
| Average number of amendments per year | 5 |
| Total number of amendments (as of 1986) | 500+ |
| Length of constitution | 75,000 words (as of 1962) |
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What You'll Learn
California's constitution: legislative amendments
California's constitution is the fundamental legal document that establishes the duties, powers, structure, functions, and authority of the state government. It is one of the longest constitutions in the world, with over 100 pages in length, which is partly due to the numerous voter-approved additions to the constitution. The California Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval.
Amending the constitution through a bicameral system can be strenuous and time-consuming. With increasing political polarisation and deadlock, there is no guarantee that elected officials will pass an amendment. However, Section 3 of Article 18 in California's Constitution empowers citizens to launch initiative campaigns. Residents may bypass the legislature and force an initiative on the ballot if they obtain at least 8% of the votes cast in the previous gubernatorial election – one of the lowest thresholds of any state in the US. For example, in the 2018 governor's election, more than 12 million people voted, so 8% of this amount would be just over 1 million signatures needed. Only propositions approved by a majority of California's electorate become law.
Legislative amendments to the California Constitution can be initiated by the Legislature if they pass both houses by a two-thirds vote. A constitutional amendment does not need the Governor's signature, but it only becomes part of the constitution if the electorate approves it in the next general election. A special election can also be called by the Governor to consider a proposed constitutional amendment if 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 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 bloated, leading to abortive efforts towards a third constitutional convention.
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Citizen-initiated amendments
The California Constitution is the fundamental legal document that establishes the duties, powers, structure, and authority of the state government. It also outlines the rights of the people of California. The Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. Citizen-initiated amendments are a particularly popular method of amending the constitution in California.
Once the required number of signatures has been collected, there is a 30-day public review period during which citizens can provide input and discuss the initiative. Proponents are allowed to make changes to the initiative based on the feedback received during this period. After the public review, the attorney general drafts a brief circulating title and summary, as well as a unique identifying number for the initiative. This process must be completed within 15 days of receiving a fiscal statement. Proponents can submit amendments to their proposal before the summary is prepared, but any changes will restart the 15-day period and require a new summary/title request signed by all proponents.
Only propositions approved by a majority of California's electorate become law. This process allows citizens to have a direct say in amending the state's constitution and bypassing the legislature, making it an attractive option for those seeking to make changes to the fundamental document of California.
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Convention-referred amendments
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, and it has been amended and revised numerous times since its original drafting.
The Constitution of California can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. A convention-referred amendment is a type of constitutional amendment that is proposed by a constitutional convention, a gathering of elected delegates who are tasked with reviewing and revising the state constitution.
The process of amending the California Constitution through a convention-referred amendment is outlined in Article XVIII, Section 2 of the California Constitution. According to this section, if two-thirds of the members of each chamber of the state legislature agree, a question about whether to call a convention or revise the constitution is placed on the state's next general election ballot. This process is known as a "constitutional convention."
If the voters approve the call for a constitutional convention, delegates are elected to participate in the convention. The number of delegates and the process for their election vary depending on the state and the specific circumstances. During the convention, the delegates review and discuss potential changes to the constitution. The proposed amendments are then typically placed on the state's general election ballot for voter approval.
In California, there have been two state constitutional conventions held in 1849 and 1879. The 1849 convention consisted of 49 delegates and met for six weeks. The 1878–79 Sacramento Convention resulted in the current California Constitution, which was ratified on May 7, 1879, and has been amended over 480 times.
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Voters placing amendments on the ballot
The California Constitution is the fundamental legal document that establishes the duties, powers, structure, functions, and authority of the state government. It also outlines the rights of the people of California. The Constitution of California can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval.
The process of amending the California Constitution by voter-initiated ballot measures is known as the initiative process. This process allows citizens to bypass the legislature and place initiatives directly on the ballot. To do so, residents must obtain a certain number of signatures, which is set at 8% of the votes cast in the previous gubernatorial election. This equates to approximately 1 million signatures, based on the number of votes cast in the 2018 governor's election.
Once an initiative has qualified for the ballot, it is then put to a vote of the people. For an initiative to become law, it must be approved by a majority of voters. This means that the number of "yes" votes must exceed the number of "no" votes for the proposition to pass. It is important to note that ballots that do not record a clear "yes" or "no" vote are ignored when calculating the results.
In addition to citizen-initiated measures, the California State Legislature can also place constitutional amendments on the ballot as referendums to be approved by voters. This process is known as a legislatively-referred constitutional amendment and requires a two-thirds vote in both chambers of the legislature to place the measure on the ballot.
The initiative process has been criticised for its high cost and the challenge of gathering enough signatures and campaigning across the state. There are also concerns about low voter turnout and disinterest in issues other than presidential elections, which may impact the feasibility of direct democracy in California.
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The initiative process
Through the initiative process, voters can approve a constitutional initiative on the statewide ballot. This is allowed under Article XVIII of the State Constitution, which provides specific rules for amending and revising the California Constitution.
To amend the constitution, a majority of voters must approve the ballot measure. These ballot propositions can be proposed by legislators or voters.
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Frequently asked questions
The California Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment. Amendments can be proposed by legislators or voters and require voter approval.
Amending the California 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, the amendment is then put on a statewide ballot to be ratified or rejected by the state's voters.
Citizens can amend the California Constitution by initiative, which requires obtaining signatures from voters that are equal to 8% of the votes cast in the last gubernatorial election. If the initiative obtains enough signatures, it is then placed on the statewide ballot for voters to approve or reject.
The California Constitution is one of the longest in the world, with additions made an average of five times per year since its enactment. From 1911 to 1986, the California Constitution was amended or revised over 500 times.
