Jonah Patel
The California Constitution is one of the longest in the world, and it has been amended numerous times since its original drafting in 1849. While the state's constitution can be amended through legislative proposal, convention, or initiative, it cannot be amended without voter approval. This is in contrast to the federal Constitution, which has more stringent requirements for amendment, requiring a two-thirds vote in Congress and ratification by three-quarters of the states. California's constitution is known for its robust direct democracy provisions, allowing voters to adopt new statutes, amend the constitution, repeal existing statutes, and recall elected officials.
| Characteristics | Values |
|---|---|
| Number of times the California Constitution has been amended | Over 500 times |
| Difficulty in amending the constitution | Easy |
| Average number of times the constitution has been amended per year | 5 times |
| Length of the constitution | 75,000 words |
| Length of the constitution compared to the U.S. Constitution | 8 times longer |
| Number of articles in the constitution | 35 |
| Number of sections in Article III | 9 |
| Number of sections in Article IV | 23 |
| Number of sections in Article XVIII | 4 |
| Number of sections in Article XIX | 10 |
| Number of sections in Article XIX A | 2 |
| Number of sections in Article XIX B | 2 |
| Number of sections in Article XXXIV | 4 |
| Number of sections in Article XXXV | 7 |
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What You'll Learn
- California's constitution can be amended by a simple majority vote in a referendum
- Amendments can be made through legislative, citizen-initiated, or convention-referred constitutional amendment
- The constitution has been amended over 500 times since 1911, making it one of the longest in the world
- Amendments can be proposed by two-thirds of the Assembly and state Senate, then approved by a simple majority vote
- California's constitution is less protective of individual rights than the U.S. Constitution
California's constitution can be amended by a simple majority vote in a referendum
The California Constitution is one of the longest in the world, and it has been amended numerous times since its original drafting. The state's constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. This can be achieved through a simple majority vote in a referendum, with a mere 50% plus one of those voting required to make changes to the constitution.
The ease of amending California's constitution has been a source of controversy, with some arguing that the procedures are too lax, resulting in a constitution filled with irrelevant details and incoherent policies. The constitution has been criticised for being a bloated mishmash compared to the hard-to-amend federal document, with one source stating that "the casual way in which the California Constitution can be altered at present is simply unacceptable."
The process of amending the constitution through a referendum begins with a proposal for an amendment. This can be initiated by legislators or citizens. Once the proposal is on the ballot, it is then put to a vote, and a simple majority is required for the amendment to be approved.
The California Constitution has been amended over 500 times since 1911, with the most recent amendment approved by voters on November 5, 2024, known as Proposition 3. The frequent amendments have led to a lengthy and detailed constitution, with the document currently standing at 75,000 words.
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Amendments can be made through legislative, citizen-initiated, or convention-referred constitutional amendment
The California Constitution is one of the longest in the world, and it has been amended over 500 times since 1879. The constitution has been criticised for being too easy to amend, with some arguing that the procedures for amending it are too lax. Despite this, Californians cannot amend the state's constitution unilaterally, as amendments must be approved by voters.
Citizen-initiated amendments are possible through the ballot process, with California voters having broad powers to adopt new statutes and constitutional amendments, repeal existing statutes, and recall elected officials. This process has been criticised for allowing interest groups with sufficient funding to bypass the Legislature and opt for initiative amendments.
Convention-referred constitutional amendments can also be proposed through a constitutional convention. California has held two state constitutional conventions in 1849 and 1879, and there have been numerous failed attempts to call a third convention since then. Instead, California has employed revision commissions and ballot initiatives to propose amendments.
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The constitution has been amended over 500 times since 1911, making it one of the longest in the world
The California Constitution is one of the longest in the world, with 35 articles and a word count exceeding that of any other state constitution except Louisiana's by 1962. This is due to numerous amendments—over 500 since 1879, or over 520 since 1911—which have been made possible by the state's ballot proposition system. This system allows amendments to be enacted by a simple majority vote in a referendum, making it relatively easy to change the constitution compared to other states and the federal government.
The first California Constitution was adopted in 1849, and it was replaced by a second constitution in 1879. Since then, the current constitution has been amended over 500 times. The large number of amendments has been attributed to several 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. For example, several amendments authorised the creation of state government agencies, such as the State Compensation Insurance Fund and the California Department of Alcoholic Beverage Control.
California's constitution is also known for its robust direct democracy provisions, which grant voters broad powers to adopt new statutes, amend or repeal existing ones, and recall elected officials. This has resulted in a constitution that is detailed and lengthy, with specific provisions such as defining English as the official language of California.
The ease of amending the California Constitution has been a source of criticism, with some arguing that the procedures are too lax. This has resulted in a constitution filled with irrelevant details and incoherent policies created by conflicting majorities. The length and complexity of the document have led to calls for a third constitutional convention to revise and streamline it.
The ability to amend the constitution by initiative has been utilised by interest groups who prefer it to the legislative process due to its lower barriers. As a result, the California Constitution has become a “bloated mishmash” compared to the harder-to-amend federal constitution of the United States.
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Amendments can be proposed by two-thirds of the Assembly and state Senate, then approved by a simple majority vote
The California Constitution is one of the longest in the world, and it has been amended over 500 times since its adoption in 1849. The state's constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. Amendments can be proposed by two-thirds of the Assembly and state Senate, and then approved by a simple majority vote. This means that a simple majority of 50% plus one of those voting is required to change provisions in the state's core document.
The process of amending the California Constitution has been criticised for being too lax, allowing conflicting majorities to impose their will on each other by the ballot process. This has resulted in a constitution filled with irrelevant details and incoherent policies. The California Constitution has also been criticised for being too easily amendable compared to the U.S. Constitution, which requires amendments to gain approval by two-thirds of Congress and three-fourths of the states.
The ease of amending the California Constitution has led to a document that is more about legal technicalities than principles, with interest groups opting for initiative amendments without presenting their ideas to the Legislature. The constitution has been amended to include specific provisions, such as defining English as the official language and establishing a compensation commission. It also includes robust direct democracy provisions, granting California voters broad powers to adopt new statutes, amend the constitution, and recall elected officials.
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California's constitution is less protective of individual rights than the U.S. Constitution
California's constitution has been criticised for being less protective of individual rights than the US Constitution. This is despite the fact that California's constitution is one of the longest in the world, due to additions by ballot propositions, which allow amendments by a simple majority vote.
One of the most notable differences between the two charters is that California's constitution does not protect the right to bear arms. In fact, California's constitution does not mention firearms at all. This is in contrast to the US Constitution, which explicitly protects the right of Americans to keep and bear arms.
Another example of California's constitution being less protective of individual rights is in the area of free speech. In the Pruneyard Shopping Center v. Robins case, California's high court rejected federal precedents construing the First Amendment and held that California's free speech clause applied to privately owned shopping centres. This interpretation of the First Amendment has been criticised as an overreach of government power and a violation of free speech rights.
California's constitution has also been criticised for its lack of protection for same-sex couples. In 2015, the US Supreme Court invalidated a constitutional amendment that defined marriage as the union between one man and one woman. However, as of November 2024, California still had a proposition on the ballot to repeal this amendment. This has been interpreted as a violation of the rights of same-sex couples to marry and a failure of the state constitution to protect the rights of its citizens.
In addition to these specific examples, some critics argue that the very process of amending the California constitution is too lax, leading to a document filled with irrelevant details and incoherent policies. This is because, unlike the US Constitution, which is difficult to amend, California's constitution can be amended through a legislative, citizen-initiated, or convention-referred process, all of which require voter approval. As a result, California's constitution has been amended over 500 times since 1879, the second-most of any state constitution behind Alabama.
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Frequently asked questions
Californians cannot amend the state's constitution without voter approval.
Since its enactment, the California Constitution has been amended over 500 times, an average of five times per year.
The California Constitution is one of the longest in the world due 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 can be amended through legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval.
Yes, legislators can send constitutional amendments to the electorate for ratification, but such measures must first win the votes of two-thirds of the Assembly and the state Senate.
