Eleanor Finch
The California Constitution is the primary organising law for the state of California, outlining the duties, powers, structures and functions of the Californian government. Drafted in 1849 in both English and Spanish, the constitution has since been amended and ratified, with the state afforded the right to provide additional protections and laws, so long as they do not violate the United States Constitution. The California Constitution is considered a document of independent force, with state courts acting as the ultimate arbiters of state law.
| Characteristics | Values |
|---|---|
| Declaration of Rights | "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." |
| Voting, Initiative and Referendum, and Recall | Voting shall be secret. |
| State of California | Describes the basic, definitional characteristics of how the government of California is organized. |
| Legislative | Lays out the powers, privileges, and responsibilities of the California State Legislature, the California State Assembly, and the California State Senate. |
| Public Utilities | Defines the scope of the state's Public Utilities Commission. |
| Taxation | Details provisions about what kind of property in California is taxable, along with some property that is exempt from taxation. |
| Individual rights | Protects rights broader than the Bill of Rights in the federal constitution. |
| Equality | Confers upon women equality of rights in "entering or pursuing a business, profession, vocation, or employment." |
| Education | Shields Stanford-owned property from taxes as long as it is used for educational purposes. |
| Amendments | Requires a two-thirds vote in the California State Legislature or signatures equal to 8% of the votes cast in the last gubernatorial election. |
| Revisions | Requires approval of two-thirds of the Legislature and a majority of voters. |
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What You'll Learn
The California Constitution is independent of federal law
The California Constitution is the primary organising law for the US state of California. It outlines the duties, powers, structures, and functions of the Californian government. The constitution was drafted in 1849, following the Mexican-American War and California's Admission to the Union in 1850. It was amended and ratified in 1879.
The California Constitution is a document of independent force, with state courts being the ultimate arbiters of state law. This means that the California Constitution is independent of federal law. The state constitution has been interpreted 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. However, California courts have recognised that the state 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 citizens and their businesses. For instance, in the case of Pruneyard Shopping Center v. Robins, the state constitution was construed as implying a right to free speech in private shopping centres. Furthermore, in California v. Anderson, the death penalty was found to be unconstitutional under the state constitution, with a stronger protection against cruel or unusual punishments than the US Constitution's Eighth Amendment.
The California Constitution also distinguishes between constitutional amendments and constitutional revisions. 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 through the initiative power by voters. A constitutional revision, on the other hand, requires the approval of two-thirds of the Legislature and a majority of voters.
In summary, the California Constitution is independent of federal law, providing additional protections for citizens and their rights, and outlining the structure and functions of the state government.
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It provides broader rights than the US Constitution
The California Constitution is the primary organising law for the US state of California. It describes the duties, powers, structures, and functions of the government of California. California's constitution was drafted in both English and Spanish, and it was adopted at the 1849 Constitutional Convention of Monterey, following the American Conquest of California and the Mexican-American War.
The California Constitution provides broader rights than the US Constitution in several areas. Firstly, it prohibits punishments that are "cruel or unusual", while the US Constitution only prohibits punishments that are "cruel and unusual". This distinction was noted in the California v. Anderson case in 1972, which found that the death penalty is unconstitutional under California's state constitution. Secondly, the California Constitution was the first state constitutional equal rights provision on record, conferring upon women equality of rights in "entering or pursuing a business, profession, vocation, or employment."
Additionally, the California Constitution provides greater protections for private property rights than the US 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 have recognised that state and local governments may incur liability for reasonably foreseeable damages caused to private property during public works projects, even if unintended.
Furthermore, California has adopted specific Constitutional protections against certain forms of taxation. In 1978, the people of California approved Proposition 13, which capped the maximum amount of ad valorem tax on private property. This measure was intended to prevent state and local governments from increasing property taxes without the approval of a strong majority of impacted property owners.
The California Constitution also includes a provision prohibiting the state and its political subdivisions from discriminating against or offering benefits to individuals based on sex, race, or ethnicity. This provision has been interpreted by courts as prohibiting state and local governments from considering these factors in employment decisions, public contracting, and education.
In summary, the California Constitution is a document of independent force, providing broader rights and protections to its citizens than the US Constitution in areas such as criminal punishment, women's rights, private property rights, taxation, and non-discrimination. These additional protections are allowed as long as they do not violate the overarching principles of the US Constitution.
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It protects against unreasonable searches and seizures
The California Constitution is the primary organising law for the US state of California, outlining the duties, powers, structures, and functions of the government of California. It was drafted in both English and Spanish and adopted at the 1849 Constitutional Convention of Monterey, following the Mexican-American War and in advance of California's Admission to the Union in 1850.
The California Constitution provides protections against unreasonable searches and seizures of property. This means that the government cannot arbitrarily search or seize a person's property without a valid reason and legal process. The right to be free from unreasonable searches and seizures is a fundamental right that is also protected by the Fourth Amendment to the United States Constitution.
The California Supreme Court has recognised that the state courts are the ultimate arbiters of state law, even in cases involving searches and seizures, where state law may impose higher standards than required by the Federal Constitution. This principle was affirmed in the case of Cooper v. California (1967), where the United States Supreme Court acknowledged the state's power to set its own standards regarding searches and seizures.
The California Constitution has been interpreted by the state courts as providing greater protections for certain rights than the federal constitution. For example, the state and her municipalities may be held liable for reasonably foreseeable damages caused to private property during public works projects, even if unintended. This demonstrates California's commitment to safeguarding the rights of its citizens beyond the minimum standards set by federal law.
In summary, the protection against unreasonable searches and seizures in the California Constitution ensures that individuals are secure in their persons, homes, and property from arbitrary government intrusion. This right is fundamental to the concept of privacy and freedom, which are highly valued in California and the United States as a whole.
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It prohibits cruel or unusual punishments
The California Constitution is the primary organising law for the US 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.
One of the key principles of the California Constitution is that it prohibits cruel or unusual punishments. This is notable because it offers stronger protection than the US Constitution's Eighth Amendment, which prohibits punishments that are "cruel and unusual". This distinction is important because it means that the California Constitution can be interpreted as providing greater protection for certain rights than the federal constitution.
This principle has been tested in court cases, such as Pruneyard Shopping Center v. Robins, which involved an implied right to free speech in private shopping centres. The California Constitution has also been interpreted as providing broader protections for individual rights than the US Bill of Rights, including the right to be free from unreasonable searches and seizures of property, and the right to just compensation if private property is taken for public use.
In addition, the California Constitution has been used to prohibit the state and local governments from discriminating against or offering benefits to individuals based on sex, race, or ethnicity in employment, public contracting, and education. This is another example of how the state constitution can provide additional protections for citizens beyond what is guaranteed by the US Constitution.
Overall, the prohibition of cruel or unusual punishments in the California Constitution is a key principle that reflects the state's commitment to protecting the rights and well-being of its citizens.
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It offers equal rights for women
The California Constitution is the primary organising law for the US state of California, outlining the duties, powers, structures, and functions of the government of California. Drafted in 1849 in both English and Spanish, it was adopted at the Constitutional Convention of Monterey, following the Mexican-American War and preceding 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 distinguishes between constitutional amendments and constitutional revisions. 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. A constitutional revision, on the other hand, requires the approval of two-thirds of the Legislature and a majority of voters.
The California Constitution's Article I, labelled the "Declaration of Rights", contains 32 sections. The first section declares:
> All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.
One of the most notable aspects of the California Constitution is its strong protection of individual rights, which in some cases exceed those guaranteed by the US Constitution. For example, the California Constitution was the first state constitution to include an equal rights provision for women, guaranteeing their equality of rights in "entering or pursuing a business, profession, vocation, or employment." This provision was added to the constitution in 1879 and remains a key feature of California's commitment to equal rights for all its citizens.
The fight for women's suffrage in California was a long and challenging endeavour. Supporters of women's suffrage built alliances with women's clubs, advocates for working-class women, rural voters, and women of colour to increase public acceptance of voting rights. Finally, on October 10, 1911, California's women's suffrage amendment, Senate Constitutional Amendment No. 8, passed by a margin of just 3,587 votes out of a total of over 246,000 cast. This victory was a significant milestone in the broader US women's suffrage movement, which had gained traction in the mid-1800s through the efforts of abolitionist allies and women's rights advocates.
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Frequently asked questions
The California Constitution is the primary organising law for the US state of California. It describes the duties, powers, structures and functions of the government of California.
The California Constitution has 13 articles, each with multiple sections. Some key principles include:
- The Declaration of Rights, which states that "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."
- The right to secret voting.
- The powers, privileges and responsibilities of the California State Legislature, the California State Assembly and the California State Senate.
- The scope of the state's Public Utilities Commission.
- Provisions on what kind of property in California is taxable.
- The prohibition of discrimination against, or offering benefits to, individuals based on sex, race or ethnicity.
The US Constitution vests the federal government with only specific powers, while powers not enumerated in the US Constitution are reserved to the states under the Tenth Amendment. The California Constitution is considered a document of independent force and provides greater protections for certain rights than the US Constitution. For example, the California Constitution has been interpreted to provide greater protections for private property rights.
Both the California Constitution and the US Constitution provide citizens with basic rights and protections. The US Constitution, including its amendments, provides a framework of fundamental rights, while the California Constitution elaborates with additional protections.
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. A constitutional revision, on the other hand, may be passed with the approval of two-thirds of the Legislature and a majority of voters.
