Simone Lawson
California's first constitution was approved in 1849, following the American Conquest of California and the Mexican-American War, and before California's admittance to the Union in 1850. The constitution was drafted in both English and Spanish and included a Bill of Rights, established the branches of the government, and prohibited slavery. Since its enactment, the California Constitution has been amended numerous times, with the current constitution, ratified in 1879, having been amended over 480 times.
| Characteristics | Values |
|---|---|
| Date written | 1849 |
| Date ratified | 13 November 1849 |
| Languages written in | English and Spanish |
| Location written | Colton Hall in Monterrey |
| Number of writers | 48 delegates |
| Date of first Constitutional Convention | 1 September 1849 |
| Date of current constitution's ratification | 7 May 1879 |
| Number of amendments to current constitution | Over 480 |
| Number of amendments to first constitution | 3 |
| Length | 75,000 words |
Explore related products
What You'll Learn
California's first constitution was written in 1849
The 1849 Constitution was created at a time when California had a burgeoning migrant population and was seeking admission to the United States as a free state. As such, the constitution included a ban on slavery and involuntary servitude, except as punishment for crimes. This was a significant issue as the extension of slavery into new states could have given the slaveholding South a majority in the Senate, while its prohibition would favour the North. To address this, the Compromise of 1850 included concessions to slave powers, such as stricter laws on the return of fugitive slaves.
California's first constitution also included a Bill of Rights, established the branches of government, allowed married women to own separate property, and granted individual rights that were broader than those in the United States Bill of Rights. The constitution was amended three times during its 30 years of activity before a new constitution was adopted in 1879.
Since its enactment, the California Constitution has undergone numerous changes and has been amended an average of five times per year, totalling over 480 times. The length of the constitution has been a point of contention, with politicians and political scientists arguing that the procedures for amending it are too lax, resulting in a document filled with irrelevant details and incoherent policies.
The Constitution's First Part: Setting the Foundation for Governance
You may want to see also
It was drafted in English and Spanish
California's first constitution was drafted in 1849, in both English and Spanish. This was before California was admitted to the Union in 1850. The constitution was drafted by American pioneers, European settlers, and Californios (Hispanics of California). It was approved on November 13, 1849, and was published in both languages. The full text and digital images of the English version and images of the Spanish version are available in the Records of the Constitutional Convention of 1849.
The 1849 Constitution was created following the American Conquest of California and the Mexican-American War. It was drafted at Colton Hall in Monterrey by 48 delegates. The first draft included a Bill of Rights, established the branches of the government, and included provisions on the prohibition of slavery, separation of powers, allowing married women to own separate property, and granting broader rights than the United States Bill of Rights. The constitution was amended and ratified on May 7, 1879, following the Sacramento Convention of 1878-79.
The California Constitution is one of the longest in the world, with numerous amendments and revisions over time. It has been amended an average of five times a year since its enactment, totalling over 480 times. The length of the constitution has been attributed to various factors, such as the influence of previous Mexican civil law, a lack of faith in elected officials, and the format of many initiatives as constitutional amendments. The constitution has been described as "filled with irrelevant detail and incoherent policies created by conflicting majorities attempting to impose their will on each other by the ballot process."
Efforts to revise the constitution began in the early 1960s, with the creation of a California Constitution Revision Commission in 1964. The Commission worked on a comprehensive revision of the constitution from 1964 to 1976, and their revisions were ratified in 1966, 1970, 1972, and 1974. The current California Constitution, ratified in 1879, has been amended numerous times, with the most recent amendment appearing on the ballot for the November 2012 gubernatorial election.
Who Signed the US Constitution First? John Hancock's Signature
You may want to see also
It banned slavery
California's first constitution was approved and adopted in 1849, following the American Conquest of California and the Mexican-American War. It was drafted in both English and Spanish and included the banning of slavery. The constitution stated that "neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State".
The inclusion of this clause was the result of a heated debate, with many California citizens and legislators holding racist beliefs and fearing the presence of free Black people in the state. Some wanted to bar free Black people from the state altogether, and there were even attempts to exclude them through legislation. This sentiment was reflected in the statements of Peter Burnett, California's first governor, who said, "It could be no favor, and no kindness, to permit [free Blacks] to settle in the State... the object is to keep them out."
Despite the constitution's ban on slavery, there is evidence that slavery was still practiced in California. For example, newspaper ads offered enslaved people for sale, and the pro-slavery legislature passed a fugitive slave law targeting escaped enslaved people. The persistence of slavery met resistance from the African American community, with newspapers covering street brawls between enslaved people and their alleged owners.
The question of slavery in California had broader implications for the country as a whole. The admission of California as a free state in 1850 threatened to rupture the Union, as the balance of power between the North and the South was at stake. To address this, Congress passed a series of bills known as the Compromise of 1850, which included measures such as a stricter law on the return of fugitive slaves to appease the South.
The French Constitution: A Historical First Step
You may want to see also
Explore related products
It was ratified on November 13, 1849
California's first constitution was ratified on November 13, 1849, at a time when California was not yet admitted into the Union. The constitution was drafted in both English and Spanish by American pioneers, European settlers, and Hispanics of California (Californios). Notably, it included a Bill of Rights and established the branches of the government that are still in use today.
The 1849 Constitution of California also included provisions banning slavery, a pressing issue at the time, as the question of whether to allow or prohibit slavery in new western territories threatened to rupture the Union. California's decision to ban slavery was significant in maintaining a balance between sectional interests, and it was a key factor in the state's application for admission to the United States. To appease the South, the Compromise of 1850 included stricter laws on the return of fugitive slaves.
The 1849 Constitution also included provisions on the separation of powers, allowing married women to own separate property, and granting women equality of rights in "entering or pursuing a business, profession, vocation, or employment." This early commitment to women's rights is notable, as it is the earliest state constitutional equal rights provision on record.
The 1849 Constitution of California underwent few amendments during its time, with only three amendments made in the 30 years it was active. By 1879, it was determined that the original Constitution lacked direction on several key issues, such as the expenditure of money. As a result, a new Constitution was adopted, which is still in use today, albeit with numerous revisions and amendments.
The First Constitution: A New World Order
You may want to see also
It was revised in 1879
California's first constitution was approved in 1849 and was published in both English and Spanish. The constitution was drafted by American pioneers, European settlers, and Californios (Hispanics of California) and adopted at the 1849 Constitutional Convention of Monterey. It was ratified on November 13, 1849, prior to California's admittance into the Union in 1850.
The first Constitution of California included a Bill of Rights, established the branches of the government, and included provisions on the prohibition of slavery, separation of powers, allowing married women to own separate property, and more.
However, in 1879, it was determined that the original Constitution omitted direction on too many key issues, such as the expenditure of money. As a result, a new Constitution was adopted in 1879, and this is the constitution that is currently in use in California today.
The 1879 Constitution was ratified following the Sacramento Convention of 1878-1879 and has been amended over 480 times since then. The California Constitution can be amended or revised through a legislative proposal, a convention to revise the constitution, or an initiative.
Rosa Parks: Constitution Defender Before Her Time
You may want to see also
Frequently asked questions
California's first constitution was written in 1849.
Yes, it was drafted in both English and Spanish.
The 1849 constitution was significant as it banned slavery and paved the way for California's admission to the Union as a free state in 1850.
The current California Constitution of 1879 has been amended over 480 times.
