Malcolm Rivera
California's first constitution was approved in 1849 and was published in both English and Spanish. This constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878–79, and a new English version was produced. California's constitution has been amended an average of five times each year since its enactment, and it has been rewritten from scratch several times.
| Characteristics | Values |
|---|---|
| Number of state constitutions | 2 |
| First constitution | Adopted in 1849 |
| First constitution languages | English and Spanish |
| First constitution signatories | Californios (California-born, Spanish-speaking residents) |
| Second constitution | Adopted in 1879 |
| Second constitution languages | English |
| Second constitution reason | Inadequacy of the first constitution |
| Current constitution amendments | 524 times |
| Current constitution articles | 35 |
| Length | Second or third-longest in the world |
Explore related products
What You'll Learn
The original 1849 constitution
The original California Constitution was drafted in both English and Spanish and was approved in 1849. It was adopted at the 1849 Constitutional Convention of Monterey, following the American Conquest of California and the Mexican-American War and in advance of California's Admission to the Union in 1850. The 1849 Constitution was created by American pioneers, European settlers, and Californios (Hispanics of California). It was signed by prominent Californios and other notable figures. The original copy is a 19-page, handwritten parchment, now stored among the archives of the State.
The 1849 Constitution was California's first constitution and was used until 1879, when the second constitution came into effect. The California Constitution has been amended an average of five times a year since its enactment, and if California were a sovereign state, its constitution would be one of the longest in the world.
The Constitution of California is the primary organising law for the state of California. It outlines the duties, powers, structures, and functions of the government of California. It is made up of 35 articles and has been amended 524 times.
The California Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. A constitutional amendment may be placed on the ballot by either a two-thirds vote in the California State Legislature or by signatures equal to 8% of the votes cast in the last gubernatorial election through the initiative power by the voters. The signature requirement for constitutional amendments is among the lowest thresholds for similar measures of any U.S. state.
Quebec's Constitution: The Unique Path of Quebec
You may want to see also
The 1879 revision
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 (Spanish-speaking Hispanics of California). This original constitution was used until 1879, when the second constitution came into effect.
The 1879 constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878-79. The 1878-79 Constitutional Convention Working Papers contain the records created during the convention, including administrative records, minutes, resolutions, and other documents. The 1879 constitution has been amended or revised several times since its drafting.
The 1879 constitution is notable for its protection of individual rights, with clauses construed as protecting rights even broader than the United States Bill of Rights in the Federal Constitution. This has resulted in California's constitution being among the longest in the world, with additions made by California ballot propositions that allow for amendments by a simple majority vote in a referendum. As a result, if California were a sovereign state, its constitution would be one of the longest in the world by total word count.
The length of the California Constitution has been a cause for concern, with politicians and political scientists arguing that the procedures for amending the document are too lax. This has led to a bloated constitution filled with irrelevant details and incoherent policies created by conflicting majorities attempting to impose their will through the ballot process. By the early 1960s, there were calls for a revision to address these issues, and a Constitutional Revision Commission was formed. This commission worked on a comprehensive revision of the constitution from 1964 to 1976, and their efforts resulted in the removal of about 40,000 words from the document.
Monterey's Historic Moment: A Constitution Signed
You may want to see also
Amendments and revisions
The California Constitution has been amended or revised several times. The state's first constitution was adopted in 1849 and was used until 1879, when the second constitution came into effect. This was in response to widespread public disgust with the powerful railroads that controlled California's politics and economy at the start of the 20th century.
The current California Constitution, which came into effect in 1879, has been amended 524 times as of 2023. Voters last approved a new amendment on November 5, 2024, with the approval of Proposition 3.
Amendments to the California Constitution can be made through a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. A two-thirds vote in the California State Legislature is required to place an amendment on the ballot, or signatures equal to 8% of the votes cast in the last gubernatorial election through the initiative power of voters. The signature requirement for constitutional amendments is among the lowest thresholds for similar measures in any U.S. state.
The revision process is considered more politically charged and difficult to pass than an amendment. A constitutional revision originally required a constitutional convention, but today it may be passed with the approval of two-thirds of the Legislature and a majority of voters. Voters exercising the initiative power are not permitted to propose a constitutional revision.
The California Constitution is one of the longest in the world, primarily due to additions by California ballot propositions, which allow for amendments by a simple majority vote in a referendum. On average, the California Constitution has been amended five times per year since its enactment.
Who Signed the Constitution? Edmund Randolph's Signature Explained
You may want to see also
Explore related products
Individual rights and liberties
The signing of the California Constitution twice, in both 1849 and 1879, was a significant event in the state's history, with far-reaching implications for individual rights and liberties.
The first constitution, signed in 1849, was a product of the Gold Rush era, and it reflected the values and priorities of that time. This constitution established California as a free state, guaranteeing the fundamental rights and liberties of its citizens. It included provisions for a republican form of government, You may want to see also California's constitution has had a significant influence on other states in the United States. It is known for its robust direct democracy provisions, which empower California voters to adopt new statutes, amend the constitution, repeal existing laws, and recall elected officials. This has resulted in a high level of voter-initiated political activity in the state. One of the most notable impacts of the California Constitution on other states is its influence on tax reform. In 1978, California sparked a nationwide movement when it adopted Proposition 13, which limited property taxes. This led to a wave of tax reform across the country. Additionally, California's constitution has been influential in protecting individual rights, with its clauses construed as safeguarding rights even broader than those outlined in the United States Bill of Rights and the Federal Constitution. For example, California's prohibition against "cruel or unusual punishment" is stronger than the Eighth Amendment's prohibition against "cruel and unusual punishment" in the US Constitution. The state's constitution has also played a role in shaping how other states address specific issues not covered by the federal Constitution, such as direct democracy, water rights, and labor relations. The ease of amending the California Constitution has resulted in a lengthy document that is regularly changed. This has led to comparisons with other state constitutions, which tend to be longer and more frequently amended than the federal Constitution due to their plenary powers. The influence of California's constitution can also be seen in the area of education. In 1968, a proposed revision to the constitution sought to make the state's superintendent of schools an appointed rather than an elected official. While this specific revision was rejected, it sparked discussions and potential influences on the role of elected officials in education in other states. Overall, California's constitution, with its emphasis on direct democracy, protection of individual rights, and frequent amendments, has had a significant influence on the constitutional landscape of the United States, shaping how other states approach governance, individual liberties, and specific policy areas. You may want to see also California has had two state constitutions. The first was signed in 1849 and was published in both English and Spanish. The second was adopted in 1879. The first constitution proved inadequate to meet the state's rapidly changing needs, and soon after California experienced explosive population growth, an influx of immigrants, and rapid industrialization. This caused political strife and a surge in anti-Chinese sentiment, which spurred demand for a new constitution. California's first constitution was drafted by American pioneers, European settlers, and Californios (Hispanics of California). It was signed following the American Conquest of California and the Mexican-American War, and in advance of California's Admission to the Union in 1850. California called a second constitutional convention in 1878, which led to the adoption of the current constitution in 1879. The first constitution was inadequate to address the state's rapidly changing needs. It left the legislature free to impose high fees and taxes, spend excessively, and grant itself excessive salaries. The second constitution addressed these issues and included protections for individual rights, some of which were not protected by the federal Constitution. The California Constitution has undergone numerous changes since 1879, with amendments and revisions. It has been amended an average of five times per year since its enactment and has been amended a total of 524 times as of 2024.Africa's Republican Constitution: Signed, Sealed, Delivered
Influence on other states
Elbridge Gerry's Refusal: The Constitution's Missing Signature
Frequently asked questions
![TWICE - 14th Mini Album [STRATEGY] Photobook STEP 1 Version + P.O.B Photocard Set + Poster](https://m.media-amazon.com/images/I/51JeD3OhXbL._AC_UL320_.jpg)
![TWICE The 4th Full Album [THIS IS FOR] DIGIPACK Version Random Version (1ea)](https://m.media-amazon.com/images/I/61muzGT+feL._AC_UL320_.jpg)
