California Vs Us: Constitution Length Comparison

The California Constitution is among the longest in the world, with 110 pages and an average of five amendments per year since its enactment. In comparison, the US Constitution has been amended just 27 times in more than 200 years. The length of the California Constitution is due to the ease with which it can be amended by voter initiatives and California ballot propositions, allowing for a flexible legal system. This has resulted in a constitution that provides additional protections and elaborates on federal rights.

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California Constitution's length and amendments

The California Constitution is among the longest in the world. This is mainly due to the ease with which it can be amended. Since its enactment, the California Constitution has been amended an average of five times each year. California's constitution was drafted in both English and Spanish and was adopted at the 1849 Constitutional Convention of Monterey, following the American Conquest of California and the Mexican-American War. It was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878–79.

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 may 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 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 distinguishes between constitutional amendments and constitutional revisions, with the latter considered a "substantial change to the entire constitution, rather than ... a less extensive change in one or more of its provisions". Both require passage of a California ballot proposition by the voters, but they differ in how they may be proposed.

The California Constitution has been described as providing greater protections for certain rights than the federal constitution. For example, the federal constitution does not always protect owners against unintended physical damage to private property, even when the government is responsible. In contrast, California courts recognise that the state and its municipalities may incur liability for reasonably foreseeable damages caused to private property during public works projects, even if unintended.

The California Constitution also provides additional protections for free speech and prohibits "cruel or unusual punishment", which is a stronger prohibition than the U.S. Constitution's Eighth Amendment.

US Constitution's amendments

The US Constitution and California's state constitution differ in several ways, including the scope of powers and rights they confer. The US Constitution vests the federal government with specific powers, while the California Constitution grants significant power to the Governor regarding the state budget.

The US Constitution, including its amendments, provides citizens with basic rights. In contrast, the California Constitution elaborates on these rights and provides additional protections. For example, the US Constitution's Eighth Amendment prohibits "cruel and unusual" punishments, while the California Constitution prohibits "cruel or unusual" punishments, offering stronger protection. Similarly, the California Constitution provides greater protections for free speech rights than the First Amendment to the US Constitution.

The California Constitution also offers stronger protections for private property rights. While the US Constitution does not always protect owners against unintended physical damage to private property, California courts have recognised that the state may incur liability for reasonably foreseeable damages caused to private property during public works projects.

The California Constitution also expressly mentions two universities: the public state-run University of California and the private Stanford University. The former is one of only nine state-run public universities in the US whose independence from political interference is guaranteed by the state constitution.

Since its enactment, the California Constitution has been amended an average of five times each year. Amendments can be proposed through a two-thirds vote in the California State Legislature or by signatures equal to 8% of votes cast in the last gubernatorial election. On the other hand, the US Constitution has seen 27 amendments, with approximately 11,848 proposals introduced in Congress since 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791.

California Constitution's protections for cities and counties

The California Constitution is among the longest in the world, primarily due to additions by California ballot propositions, which allow amendments by a simple majority vote in a referendum. The constitution has been amended an average of five times a year since its enactment, resulting in a total of over 500 amendments between 1911 and 1986.

The California Constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers. It gives charter cities, in particular, supreme authority over municipal affairs, allowing their local laws to supersede state law. Section 8 of Article XI allows cities to pay counties to perform governmental functions for them, leading to the rise of the contract city.

Article 4, Section 8(d) defines an "urgency statute" as one "necessary for the immediate preservation of the public peace, health, or safety". Any proposed bill with such a provision must include a "statement of facts constituting the necessity" and must be passed by a two-thirds majority in each house, including a separate vote on the urgency section.

The California Constitution also devotes an entire article to local government, establishing local governance by cities and counties and granting them express powers such as the police power and the authority to define local offices and regulate their elections. These provisions often lead to litigation between the state and local governments as they compete for power and control.

California's constitution also includes several individual rights clauses that have been interpreted as protecting broader rights than the US Bill of Rights. For example, in the case of People v. Wheeler, the California high court held that juror challenges based on race violated the state constitution's equal protection provisions eight years before the US Supreme Court made the same decision. In another case, Pruneyard Shopping Center v. Robins, the California Constitution was interpreted as implying a right to free speech in private shopping centres, which is not explicitly protected in the First Amendment.

California is also a national leader in consumer privacy protections, having passed comprehensive privacy laws and establishing the nation's first state privacy agency. However, local governments in California have been criticised for lagging in privacy protections, particularly in the context of the increasing collection of data at the county and city levels.

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US Constitution's Bill of Rights

The US Constitution's Bill of Rights comprises the first ten amendments to the Constitution. These amendments were proposed by James Madison, then a member of the US House of Representatives, to limit the scope of federal powers and protect individual liberties.

On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these were ratified on December 15, 1791, and became the first ten amendments, collectively known as the Bill of Rights. The remaining two were ratified later: Article 2 was ratified in 1992 as the 27th Amendment, and Article 1 was never ratified.

The Bill of Rights includes the following:

• The First Amendment protects the freedom of speech, religion, and the right to peaceful assembly.
• The Second Amendment and the right to bear arms.
• The Third Amendment.
• The Fourth Amendment safeguards citizens' right to privacy in their homes, requiring a warrant for government intrusion.
• The Fifth Amendment guarantees due process, protects against self-incrimination, and covers double jeopardy and grand jury proceedings.
• The Sixth Amendment ensures a jury trial and the right to counsel in criminal prosecutions.
• The Seventh Amendment guarantees a jury trial for common law suits.
• The Eighth Amendment prohibits excessive bail or fines and cruel and unusual punishment.
• The Ninth Amendment protects rights not specifically enumerated in the Constitution, including natural rights such as the freedom to speak and worship.
• The Tenth Amendment reserves powers to the states or the people that are not delegated to the United States by the Constitution.

The US Constitution's Bill of Rights serves as a foundation for individual liberties and limits on federal powers. Meanwhile, the California Constitution provides additional protections and elaborates on these rights, such as stronger prohibitions against cruel or unusual punishment and enhanced protections for private property owners. California's Constitution is also notable for its length, ranking as one of the longest in the world due to frequent amendments.

California Constitution's prohibition of cruel or unusual punishment

The California Constitution is the primary organising law for the US state of California, describing the duties, powers, structures and functions of the government of California. It is one of the longest in the world, due to additions by California ballot propositions, which allow amendments by a simple majority vote in a referendum.

The California Constitution provides additional protections beyond those in the US Constitution, and grants significant power to cities and counties to oversee their own affairs. One of California's most significant prohibitions is against "cruel or unusual punishment", which is a stronger protection than the US Constitution's Eighth Amendment prohibition against "cruel and unusual punishment". The difference in wording is important, as the US Constitution's Eighth Amendment was adopted in 1791, and the appropriate benchmark for determining whether a punishment is cruel and unusual is based on the standards of cruelty that prevailed at that time. If a punishment was acceptable in 1791, it must be acceptable today, according to Justices Scalia and Thomas.

The California Constitution, on the other hand, prohibits punishments that are "cruel or unusual", and California courts have interpreted this as providing greater protections than the Eighth Amendment. For example, in the case of People v. Sullivan, the court found that a reviewing court must examine the circumstances of the offence, including the defendant's personal characteristics, to determine if the punishment is disproportionate to the crime. If the court concludes that the penalty is grossly disproportionate to the defendant's culpability, it must invalidate the sentence as unconstitutional.

The California Constitution also provides protections for businesses and private property owners that are not found in the US Constitution. For example, the California Constitution has been interpreted to allow liability for reasonably foreseeable damages caused to private property during public works projects, even if the damages were unintended.

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