Malcolm Rivera
The California Constitution of 1879 was a response to the widespread economic and social upheaval of the preceding years. The banking crisis of 1873 led to high unemployment, with Kearney's Workingmen's Association in San Francisco blaming Chinese immigrants for the sudden lack of jobs. This sentiment spread across the state, and alongside issues of unfair taxes and the monopoly power of the railroads, led to calls for a constitutional convention. The convention delegates sought to address these issues by passing reforms such as the creation of a Board of Equalization to standardise tax rates and a railroad commission to regulate the railroads. However, the new constitution also included anti-Chinese language that violated federal law, and this portion was quickly overturned by federal courts.
| Characteristics | Values |
|---|---|
| Date of replacement | March 3, 1879 |
| Reason for replacement | To address the perceived problems of monopoly, unfair taxes, and Chinese immigration |
| Previous constitution | 1849 Constitution |
| New constitution features | Board of Equalization to equalize tax rates, railroad commission to check the monopoly power of the Central Pacific, workers' rights (including an eight-hour day for public employees, limits on convict labor, and the abolition of debtors' prison), anti-Chinese language |
| Voting result | 77,959 for, 67,134 against |
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What You'll Learn
To address the monopoly power of railroad companies
The California Constitution of 1879 was created, in part, to address the monopoly power of railroad companies. The 1870s saw a period of modernisation in the United States, and farmers found themselves at the mercy of railroad companies, who exercised monopoly power over fares and freight costs. The National Grange of the Order of Patrons of Husbandry (the Grangers) helped pass laws in several states to regulate railroad rates and establish railroad commissions.
The California Constitution of 1879 was written to similarly check the power of the Central Pacific Railroad Company, which had a monopoly on setting rates. The new constitution created a railroad commission to regulate fares and a Board of Equalization to equalise tax rates across the state.
The 1879 constitution was also a response to the widespread public disgust with the powerful railroads that controlled California's politics and economy at the start of the 20th century. The constitution aimed to remedy these issues by aggressively amending the state constitution through initiatives.
The railroad companies, along with mining interests and water and gas companies, spent three million dollars trying to defeat the Constitution's ratification. However, on May 7, the voters ratified the new Constitution, with 77,959 votes to 67,134.
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To regulate unfair taxes
The California Constitution of 1879 was the result of a convention called to address the perceived problems of monopoly, unfair taxes, and Chinese immigration. The state had suffered from the Panic of 1873, a banking crisis that had led to a wave of bank failures and business closures, causing unemployment to soar. In San Francisco, Kearney's Workingmen's Association grew rapidly, blaming the Chinese for the sudden high unemployment of their heavily Irish immigrant members. They shouted "The Chinese must go!" at every meeting, and their party soon spread across California, putting pressure on Sacramento to call for a constitutional convention.
The convention delegates believed that the legislature created by the 1849 Constitution had failed to safeguard the rights of California workers and small farmers. They intended to step in and directly add laws to the Constitution to address needed policy reforms. One of the key issues they wanted to tackle was unfair taxes. To this end, the convention successfully passed several reforms, including the creation of a Board of Equalization to equalize tax rates across the state.
The Board of Equalization was established to address the problem of inconsistent and unfair taxation across California. At the time, the state lacked a uniform system of taxation, and taxes were often levied in an arbitrary and unfair manner. The Board of Equalization was tasked with ensuring that taxes were applied fairly and consistently across all counties and cities in California. This meant that all taxpayers would be treated equally, regardless of their location or social status.
In addition to the Board of Equalization, the convention delegates also passed other tax-related reforms. They recognized that the state's tax system was overly complex and burdensome, particularly for small businesses and farmers. As such, they worked to simplify the tax code, reduce taxes on certain goods and services, and eliminate unnecessary taxes that were hindering economic growth. These reforms were designed to make the tax system fairer and more transparent, while also promoting economic development and job creation in the state.
Overall, the replacement of the California Constitution in 1879 was a significant step towards addressing the issue of unfair taxes in the state. The creation of a Board of Equalization and the implementation of other tax-related reforms helped to ensure that taxes were applied more fairly and consistently across California. These changes reflected the delegates' commitment to protecting the rights and well-being of the state's workers, small businesses, and farmers.
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To restrict Chinese immigration
The California Constitution of 1879 was the result of a convention held in Sacramento between 1878 and 1879. The convention was called in response to the economic crisis that followed the Panic of 1873, which had left thousands of businesses bankrupt and unemployment rates soaring. In California, Kearney's Workingmen's Association, which was comprised mostly of Irish immigrants, blamed the Chinese for the sudden spike in unemployment. Their slogan, "The Chinese must go!", quickly spread across the state, and political pressure mounted on Sacramento to address the issues of monopoly, unfair taxes, and Chinese immigration.
The convention was attended by 152 delegates, 120 of whom were elected, with the remaining 32 being at-large delegates. Fifty-one delegates were from the Workingmen's Party, with the rest being Democrats and Republicans. The delegates believed that the previous legislature had failed to protect the rights of California workers and small farmers, and so they set out to add laws to the Constitution to address these issues. They passed several reforms, including the creation of a Board of Equalization to standardize tax rates across the state and a railroad commission to curb the monopoly power of the Central Pacific Railroad. They also secured workers' rights, such as an eight-hour workday for public employees, restrictions on convict labour, and the abolition of debtors' prisons.
However, the delegates also turned their attention to restricting Chinese immigration, including an entire article (Article XIX) in the new Constitution dedicated to this cause. They were aware that the anti-Chinese language in the Constitution violated federal law, particularly the Fourteenth Amendment, but they argued that the "reserved powers" of the Tenth Amendment allowed California to discriminate. Nevertheless, federal courts swiftly overturned the enforcement of Article XIX. Despite this setback, opponents of Chinese immigration continued to lobby the US Congress, and in 1882, they succeeded in passing the Chinese Exclusion Act, which banned almost all Chinese immigration to the country.
The California Constitution of 1879 was ratified by voters on May 7, 1879, with 77,959 votes in favour and 67,134 against. The constitution has undergone numerous changes since, with over 500 amendments or revisions made between 1911 and 1986. The length of the constitution has been a matter of concern, leading to efforts for a third constitutional convention in the early to mid-20th century. By 1962, it had grown to 75,000 words, making it one of the longest state constitutions in the United States.
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To safeguard workers' rights
The California Constitution of 1879 was a response to the failure of the previous constitution to safeguard the rights of California workers and small farmers. The Workingmen's Party, alongside Democrats and Republicans, sought to directly add laws to the Constitution to address needed policy reforms.
The delegates of the 1878-1879 convention passed several reforms to protect workers' rights. These included the creation of a Board of Equalization to standardize tax rates across the state, and a railroad commission to regulate the monopoly power of the Central Pacific Railroad Company. Workers' rights included an eight-hour workday for public employees, restrictions on convict labor, and the abolition of debtors' prisons.
The California Constitution has always strongly protected the corporate existence of cities and counties, granting them broad plenary home rule powers. This is evident in the constitution's protection of cities' authority over municipal affairs, allowing local laws to supersede state law.
The 1879 Constitution also included anti-Chinese language in Article XIX, which was in direct violation of federal law and the Fourteenth Amendment. Despite this, voters ratified the new Constitution on May 7, 1879.
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To protect small farmers
The California Constitution of 1879 was the result of a convention that took place between 1878 and 1879. The previous constitution, created in 1849, was believed to have failed small farmers and workers in the state. The 1873 banking crisis and the subsequent economic recession had a devastating impact on California, causing a sharp rise in unemployment.
Kearney's Workingmen's Association, an organisation with a large number of Irish immigrant members, blamed Chinese immigrants for the sudden rise in unemployment. This sentiment spread across the state, with the Workingmen's Party putting political pressure on Sacramento to address the issues of monopoly, unfair taxes, and Chinese immigration. The Workingmen's Party, along with Democrats and Republicans, made up the 152 delegates who met in Sacramento in 1878.
The delegates believed that the 1849 Constitution had failed to safeguard the rights of California's small farmers and workers. They aimed to add laws to the new Constitution to address needed policy reforms. The convention passed several reforms, including the creation of a Board of Equalization to standardise tax rates across the state, and a railroad commission to regulate the monopoly power of the Central Pacific Railroad.
The California Constitution of 1879 was ratified by voters on May 7, 1879, with 77,959 votes in favour and 67,134 against. The new Constitution included anti-Chinese language that violated federal law, particularly the Fourteenth Amendment. Despite this, federal courts quickly overturned the enforcement of Article XIX, which was specifically aimed at persecuting Chinese immigrants.
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Frequently asked questions
The California Constitution of 1849 failed to safeguard the rights of California workers and small farmers. There was a need for policy reforms to address issues of monopoly, unfair taxes, and Chinese immigration.
The United States was facing a recession after the Panic of 1873, which led to a banking crisis and a nationwide collapse of many banks and businesses. Unemployment rose dramatically, and Kearney's Workingmen's Association in San Francisco directed blame towards the Chinese for the sudden high unemployment of their heavily Irish immigrant members.
The Workingmen's Association wanted to address the perceived problems of monopoly, unfair taxes, and Chinese immigration. They believed that the legislature created by the 1849 Constitution did not protect the rights of California workers and farmers.
The Convention passed several reforms, including the creation of a Board of Equalization to standardize tax rates across the state and a railroad commission to regulate the monopoly power of the Central Pacific Railroad. Workers' rights were also expanded, including an eight-hour workday for public employees, limits on convict labor, and the abolition of debtors' prisons.
On May 7, 1879, voters ratified the new Constitution by a vote of 77,959 to 67,134.
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