Simone Lawson
California's second constitution was adopted in 1879, replacing the state's original constitution from 1849. The need for a new constitution arose from the inadequacies of the first, which gave the legislature free rein to impose high taxes and spend excessively. This, coupled with California's rapid population growth, industrialization, and a shift from agriculture to railroads, caused significant political turmoil and anti-immigrant sentiment, particularly towards Chinese immigrants. The second constitution was drafted in response to these issues and ratified following the Sacramento Convention of 1878-1879.
| Characteristics | Values |
|---|---|
| Date enacted | 1849 |
| Reason | To apply for statehood in the United States |
| Key Provisions | - A democratic form of government - Protection of civil liberties and human rights - Establishment of a public school system - Recognition of the existing land grants and property rights |
| Key Figures | - Mariano Guadalupe Vallejo - William M. Gwin - John C. Fremont |
| Result | California was admitted to the Union as a state in 1850 |
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What You'll Learn
- California's second constitution was drafted in 1879 after the state's first constitution, which was written in 1849, proved inadequate
- The first constitution left the legislature free to impose high taxes, spend excessively, and grant itself large salaries
- California experienced rapid population growth, industrialisation, and a shift from farming and mining to railroads
- This caused political strife and anti-Chinese sentiment, which spurred demand for a new constitution
- The second constitution has been amended over 500 times since 1879
California's second constitution was drafted in 1879 after the state's first constitution, which was written in 1849, proved inadequate
California's first constitution was drafted in 1849 following the Mexican-American War and in advance of California's admission to the Union in 1850. The constitution was written in both English and Spanish and banned slavery in the state. However, this first constitution proved inadequate to meet the state's rapidly changing needs. For instance, it gave the legislature free rein to impose high taxes, spend excessively, and grant itself large salaries.
California experienced significant population growth and rapid industrialization as railroad expansion shifted the state's economy away from farming and mining. This sudden reorientation of the state's economy and workforce caused considerable political turmoil and a surge in anti-Chinese sentiment, which spurred demands for a new constitution. As a result, California convened a second constitutional convention in 1878 and adopted a new constitution in 1879.
The 1879 constitution has been amended numerous times since its adoption, addressing a wide range of topics not covered by the federal Constitution, such as direct democracy, water rights, and labor relations. California's constitution has also played a significant role in expanding individual rights, with some clauses interpreted as protecting rights beyond those guaranteed in the United States Bill of Rights.
The length of California's constitution has been a matter of concern, with efforts made to revise and condense it over the years. By 1962, it had grown to 75,000 words, making it one of the longest state constitutions in the country. A California Constitution Revision Commission was established, and from 1964 to 1976, it worked to revise and reduce the length of the constitution. Despite these efforts, the constitution continues to evolve and adapt to the needs of the state and its residents.
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The first constitution left the legislature free to impose high taxes, spend excessively, and grant itself large salaries
California's first constitution was adopted in 1849 and was used until 1879, when the second constitution came into effect. The first constitution was drafted in both English and Spanish and was based on the constitutions of New York and Iowa. It banned slavery and paved the way for California's admission to the Union in 1850. However, it had several shortcomings.
One of the main issues with the first constitution was that it gave the legislature too much freedom in terms of taxation and spending. The legislature was free to impose high taxes, spend excessively, and grant itself large salaries. This led to widespread public disgust with the powerful railroads that controlled California's politics and economy. As California's economy shifted away from farming and mining towards industrialization and railroad expansion, the state experienced explosive population growth, including an influx of immigrants from China. This rapid and sudden reorientation of the state's economy and workforce caused significant political strife and a surge in anti-Chinese sentiment, further highlighting the need for a new constitution.
The first constitution's failure to adequately address taxation and spending led to concerns about legislative power and financial management. It left the door open for potential abuse of power and excessive financial burden on the state's citizens. The legislature's ability to impose high taxes and spend without constraints could have led to economic instability and an unfair distribution of resources.
Additionally, the lack of restrictions on salaries granted the legislature the ability to enrich themselves at the expense of the public. This could have resulted in a disconnect between the legislators' interests and those of the general population, potentially leading to corruption or neglect of the state's actual needs. It is important to note that the first constitution's shortcomings were not limited to financial matters, but this particular aspect had a significant impact on the state's political and economic landscape.
In response to these issues, California called for a second constitutional convention in 1878, resulting in the adoption of the 1879 constitution, which is still operative today. The current constitution has been amended numerous times, with efforts made to streamline and revise it to better suit the state's evolving needs. The influence of previous Mexican civil law, a lack of faith in elected officials, and the specific nature of various initiatives have all contributed to the length and complexity of California's constitution over time.
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California experienced rapid population growth, industrialisation, and a shift from farming and mining to railroads
California's first constitution was drafted in 1849 following the Mexican-American War and in advance of California's admission to the Union in 1850. The constitution was written in English and Spanish and banned slavery in the state.
In the years following the adoption of this constitution, California experienced explosive population growth, including an influx of immigrants from China, and rapid industrialization. The expansion of railroads shifted the state's economy away from farming and mining, causing great political strife and a surge in anti-Chinese sentiment. This sudden reorientation of the state's economy and workforce spurred demand for a new constitution, and in 1878, California called a second constitutional convention, adopting the currently operative 1879 constitution.
The state's second constitution was a response to the dramatic economic and social shifts caused by industrialization and the railroad boom. The new constitution aimed to address the political strife and anti-immigrant sentiment that had arisen as a result of these changes. It also sought to remedy the issues caused by the legislature's freedom to impose high fees and taxes, spend excessively, and grant itself excessive salaries under the first constitution.
The 1879 constitution has been amended over 500 times since its adoption, reflecting California's evolving needs and priorities. These amendments have covered a range of topics, including labor relations, water rights, and direct democracy, addressing issues not covered by the federal Constitution. The length of the California Constitution has been attributed to various factors, including the influence of previous Mexican civil law and a lack of faith in elected officials.
The frequent amendments to California's constitution demonstrate the state's commitment to adapting its governing document to the changing needs and values of its citizens. The constitution continues to play a crucial role in defining the rights and protections afforded to Californians, often going beyond the protections offered by the federal Constitution.
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This caused political strife and anti-Chinese sentiment, which spurred demand for a new constitution
California's first constitution was adopted in 1849, following the Mexican-American War and preceding California's admission to the Union as a free state in 1850. This constitution was drafted in English and Spanish and banned slavery. However, it soon proved inadequate to meet the state's rapidly evolving needs. For instance, it gave the legislature free rein to impose high taxes and grant itself excessive salaries.
In the following years, California experienced rapid industrialization and population growth, including an influx of immigrants from China, as railroad expansion shifted the state's economy away from farming and mining. This transition caused significant political strife and a surge in anti-Chinese sentiment. The state's economy and workforce were being reoriented in a sudden and dramatic fashion, which led to widespread unrest. The growing anti-Chinese sentiment, coupled with the political strife, fuelled demands for a new constitution that would better address the state's changing circumstances.
The original constitution's shortcomings and the social and economic upheaval California was undergoing highlighted the need for a more comprehensive and modern framework. The state's rapid transformation brought to light the necessity for a constitution that could adapt to the evolving needs of its diverse population and ensure the protection of their rights. The demand for a new constitution reflected the desire for a more efficient and responsive government that could address the challenges and complexities of California's changing landscape.
As a response to the mounting pressure, California convened a second constitutional convention in 1878, resulting in the adoption of the current constitution in 1879. This new constitution has been amended numerous times since its implementation, reflecting the state's commitment to ensuring that its governing document remains relevant and responsive to the needs of its citizens. The amendments have addressed a range of issues, including individual rights, direct democracy, water rights, and labour relations, demonstrating the constitution's adaptability and California's proactive approach to governance.
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The second constitution has been amended over 500 times since 1879
California's second constitution, which came into effect in 1879, has been amended over 500 times since. The reasons for these amendments are varied and numerous.
The original constitution was derived from the constitutions of New York and Iowa, but it soon proved inadequate to meet the state's rapidly changing needs. For example, it allowed the legislature too much freedom to impose high taxes and spend excessively. At the same time, California experienced explosive population growth, an influx of immigrants, and rapid industrialization as the economy shifted from farming and mining to railroads. This caused great political strife and a surge in anti-Chinese sentiment, which spurred the demand for a new constitution.
The second constitution was drafted in English and Spanish by American pioneers, European settlers, and Californios (Hispanics of California). It was approved in May 1879 by a vote of 78,000 in favour to 67,000 opposed. This constitution has been amended over 500 times since, with the first amendment coming in 1897. The large number of amendments can be attributed to a variety of 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 process of amending the constitution has not always been straightforward, with several failed attempts to call a third constitutional convention in 1897, 1914, 1919, 1930, 1934, and 1947. Instead, California has often employed revision commissions and ballot initiatives to propose amendments for voter approval. The constitution gradually became bloated and, by 1962, it had grown to 75,000 words, making it one of the longest in the world. That year, a California Constitution Revision Commission was approved by voters, and it worked on a comprehensive revision of the constitution from 1964 to 1976, removing about 40,000 words. The electorate ratified the commission's revisions in 1966, 1970, 1972, and 1974, but rejected the 1968 proposal.
The California Constitution continues to be a living document, with amendments addressing diverse topics such as water rights, labour relations, direct democracy, and the authorization of state government agencies. It protects individual rights and liberties, including several that are not protected by the federal Constitution, such as the right to same-sex marriage and the prohibition of juror challenges based on race.
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Frequently asked questions
California's first constitution, adopted in 1849, left the legislature free to impose high taxes and grant itself excessive salaries. This, along with the state's rapid industrialization, population growth, and a surge in anti-Chinese sentiment, caused political strife. California adopted a second constitution in 1879 to address these issues.
The second constitution was drafted to restrict the legislature's power to impose high taxes and grant itself excessive salaries. It also included a ban on slavery and addressed issues related to industrialization, population growth, and anti-Chinese sentiment.
California's second constitution came into effect in 1879 and remained in use until it was revised in 1966, 1970, 1972, and 1974. The revisions removed about 40,000 words from the constitution, which had grown to 75,000 words by 1962.
