Omar Bennett
California's current constitution, ratified in 1879, is one of the longest in the world, with 35 articles and numerous amendments. The constitution has been amended over 480 times, with voters approving changes through ballot propositions. The primary goal of California's constitution is to define the state's framework for governance, including the powers, structure, and limitations of the state government, individual liberties, civil rights, and other matters. It strongly protects the corporate existence of cities and counties, granting them broad plenary home rule powers and protecting direct democracy, limiting taxation, and securing individual liberty.
| Characteristics | Values |
|---|---|
| Number of state constitutions | 2 |
| Current constitution | Adopted in 1879 |
| Number of amendments | 480-524 |
| Length | 75,000 words (previously) |
| Last amended | November 5, 2024 |
| Topics covered | Direct democracy, water rights, labour relations, taxation, individual rights |
| Individual rights | Broader than the Bill of Rights |
| Prohibition | Cruel or unusual punishment |
| Protection | Corporate existence of cities and counties |
| Powers | Plenary home rule powers |
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What You'll Learn
Individual rights and liberties
The California Constitution is one of the longest in the world, and it has been amended over 500 times since its original drafting. The current constitution was ratified in 1879 and has been amended over 480 times. The length of the constitution has been attributed to various 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 constitutional amendments.
The California Constitution strongly protects the individual rights and liberties of its citizens. Article I, labelled the "Declaration of Rights", contains 32 sections outlining these rights. 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."
The California Constitution provides additional protections and liberties that are not addressed in the federal Constitution. For example, it includes specific protections against certain forms of taxation, such as Proposition 13, which capped the maximum amount of ad valorem tax on private property. California has also adopted Constitutional protections against discrimination or offering benefits based on sex, race, or ethnicity, which is prohibited by Proposition 209.
The California Constitution has also been interpreted by the state's courts as providing greater protections for certain rights than the federal constitution. For instance, in the case of Pruneyard Shopping Center v. Robins, the California courts found that the state constitution provided "free speech" rights beyond those addressed by the First Amendment to the United States Constitution. Similarly, the California Constitution has a stronger prohibition against "cruel or unusual punishment" than the Eighth Amendment of the U.S. Constitution, which prohibits "cruel and unusual punishment".
California's initiative process has allowed voters to directly add, repeal, or amend provisions of the state constitution through ballot propositions, which has further contributed to the protection of individual rights and liberties.
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Direct democracy
California's current constitution, which came into effect in 1879, is one of the longest in the world. It has been amended over 500 times since its original drafting, with voters most recently approving a new amendment in November 2024.
A primary goal of California's current constitution is to protect direct democracy. Direct democracy is a form of government in which the people directly make laws and decisions that affect them, rather than electing representatives to do so. California's constitution achieves this through ballot propositions, which allow citizens to propose and vote on constitutional amendments. These ballot propositions can be proposed by the legislature or by citizens through petitions with the required number of signatures.
The people of California may directly add, repeal, or amend provisions of the constitution or statutes through these ballot propositions. For example, in 1978, the people of California adopted Proposition 13, which capped the maximum amount of ad valorem tax on private property. This measure prevented state and local governments from increasing property taxes without the approval of a strong majority of impacted property owners.
California's constitution also grants charter cities supreme authority over municipal affairs, allowing their local laws to take precedence over state law. This further empowers citizens to have a direct say in the laws and decisions that affect them at the local level.
The state's constitution defines the structure of California's government and protects many individual rights, including several that are not protected by the federal Constitution. It covers diverse topics such as water rights and labor relations, which are often addressed in state constitutions due to federalism.
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Taxation limits
California's Constitution is one of the longest in the world, and it has been amended an average of five times each year since its enactment. The state has held two state constitutional conventions, in 1849 and 1879, and the current constitution was adopted in 1879. The California Constitution underwent numerous changes since its original drafting and was rewritten from scratch several times. The constitution has been amended 524 times, with voters last approving a new amendment in November 2024.
The California Constitution is unique in that it 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.
One of the key features of the California Constitution is its protection of individual rights and liberties. It includes a Declaration of Rights, which is California's version of the federal Bill of Rights. This Declaration has been amended numerous times and is much longer and more detailed than the federal equivalent. It protects several rights not protected by the federal Constitution, such as free speech rights beyond those addressed by the First Amendment, and a stronger prohibition against "cruel or unusual punishment" than the Eighth Amendment's prohibition of "cruel and unusual punishment".
In addition to these protections, the California Constitution also limits taxation. While the U.S. Constitution gives Congress the power to tax, it also imposes limits on this power. Direct taxes, such as income taxes, must be apportioned based on population, and articles exported from a state may not be taxed at all. The California Constitution follows a similar approach by limiting taxation powers and ensuring that taxes are apportioned fairly and do not excessively burden individuals or businesses.
The taxation limits in the California Constitution are designed to protect citizens from excessive taxation and ensure that taxes are levied in a fair and reasonable manner. These limits promote a balanced approach to taxation and fiscal policy, ensuring that the government cannot arbitrarily impose excessive financial burdens on its citizens. By limiting taxation powers, the California Constitution helps maintain a stable and predictable economic environment, fostering business growth and attracting investments.
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City and county powers
California's current constitution, ratified in 1879, is one of the longest in the world. It has been amended over 500 times since its adoption, with voters most recently approving a new amendment in November 2024.
A primary goal of California's constitution is to protect the corporate existence of cities and counties and grant them broad plenary powers. The constitution gives charter cities, in particular, supreme authority over municipal affairs, allowing their local laws to supersede state law.
Section 8 of Article XI of the California Constitution resulted in the rise of the contract city by enabling cities to pay counties to perform governmental functions for them. This section outlines the relationship between cities and counties, with cities having the authority to delegate certain responsibilities to the counties and pay for those services.
Article 4, Section 8(d) of the California Constitution defines an "urgency statute" as one "necessary for the immediate preservation of the public peace, health, or safety." Any proposed bill that includes such a provision must include a "statement of facts constituting the necessity" and must be passed by a two-thirds majority in each house of the legislature. This section ensures that cities and counties have the power to act quickly and effectively in emergencies to protect their residents.
The California Constitution also provides for direct democracy, which is not explicitly addressed in the US Constitution. This allows citizens to propose and approve laws and constitutional amendments directly, bypassing the state legislature. This process has led to many changes in the state constitution over the years, affecting the rights of California citizens.
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Cruel or unusual punishment
California's current constitution, which was ratified in 1879, has had numerous amendments and revisions since its original drafting. One of the most significant prohibitions in the California Constitution is against "cruel or unusual punishment". This prohibition is stronger than the U.S. Constitution's Eighth Amendment, which prohibits "cruel and unusual punishment".
The California Constitution is one of the longest in the world, with 35 articles and numerous amendments. The length of the California Constitution can be attributed to various 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 constitutional amendments. The constitution has been amended an average of five times per year since its enactment, and it can be amended through legislative proposal, convention to revise the constitution, or initiative.
The prohibition against cruel or unusual punishment is a fundamental part of the California Constitution's commitment to protecting individual rights and liberties. This commitment is also reflected in the constitution's Declaration of Rights, which guarantees certain liberties and protections for its citizens, such as the right to enjoy and defend life and liberty, acquire and protect property, and pursue safety, happiness, and privacy.
The California Constitution's prohibition against cruel or unusual punishment has been interpreted and applied in various ways by the state's courts. For example, in the case of Pruneyard Shopping Center v. Robins, the California courts found that the state constitution provided greater freedom of speech rights than those addressed by the First Amendment to the U.S. Constitution. This interpretation of the prohibition against cruel or unusual punishment has important implications for how it is applied in practice and underscores California's commitment to protecting individual rights.
In addition to protecting against cruel or unusual punishment, the California Constitution also provides specific protections against certain forms of taxation. For example, Proposition 13, adopted in 1978, capped the maximum amount of ad valorem tax on private property. This measure was designed to prevent state and local governments from increasing property taxes without the approval of a strong majority of impacted property owners.
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Frequently asked questions
California's current constitution, ratified in 1879, has had several goals over the years. One of its primary goals is to protect the rights of individuals, including those not protected by the US Constitution, such as direct democracy, water rights, and labour relations.
California's constitution has a Declaration of Rights, which is similar to the US Constitution's Bill of Rights. However, California's Declaration of Rights goes further and includes additional liberty guarantees. For example, California has stronger prohibitions against cruel or unusual punishment than the US Constitution.
California's constitution is one of the longest in the world, due to its many amendments and revisions. Unlike other state constitutions, California's constitution strongly protects the corporate existence of cities and counties, giving them broad plenary home rule powers.
California's constitution can be amended through a legislative proposal, a convention to revise the constitution, or an initiative. All methods require voter approval. The constitution has been amended or revised over 500 times since 1911.
