Eleanor Finch
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. This constitution was published in both English and Spanish and was derived from the New York and Iowa constitutions. However, it soon proved inadequate to meet the state's rapidly evolving needs, as it gave the legislature free rein to impose high taxes and spend excessively. In addition, California experienced rapid industrialization, population growth, and a shift from farming and mining to a railroad-driven economy, leading to political strife and a surge in anti-Chinese sentiment. As a result, in 1878, California called for a second constitutional convention, which led to the adoption of a new constitution in 1879. This constitution has been amended numerous times since then to address the state's changing requirements.
| Characteristics | Values |
|---|---|
| Reason for the second constitution | Political strife and a surge in anti-Chinese sentiment |
| Year of the second constitution | 1879 |
| Number of amendments | Over 500 |
| Number of articles | 35 |
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What You'll Learn
- California's second constitution was adopted in 1879
- It was drafted at the second Constitutional Convention in 1878
- The first constitution was ratified in 1849
- The second constitution was a response to political strife and anti-Chinese sentiment
- The California Legislature considered revising the constitution in the 1960s
California's second constitution was adopted in 1879
The second constitutional convention was called in response to political strife and a surge in anti-Chinese sentiment caused by the sudden reorientation of the state's economy and workforce. This social and political climate spurred the demand for a new constitution.
The 1879 constitution has been amended over 500 times since its adoption, making it the second-most amended state constitution in the US, behind Alabama. The constitution can be amended by ballot propositions, which allow for enacting amendments by a simple majority vote in a referendum.
The California Constitution defines the structure of the state's government and protects many individual rights, including some that are not protected by the US Constitution. For example, California's constitution includes a stronger prohibition against "cruel or unusual punishment" than the US Constitution's Eighth Amendment.
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It was drafted at the second Constitutional Convention in 1878
California's first constitution was approved in 1849, before the state joined the Union in 1850, and was published in both English and Spanish. The state's first constitution was used until 1879, when the second constitution was adopted.
In the early 1960s, the California Legislature considered revising the constitution. They established a Constitutional Revision Commission, which met through 1970. The implementation of the Commission's recommendations continued through 1974, with several proposed constitutional amendments appearing on the ballot for the November general election. However, the second constitution was drafted earlier, at the second Constitutional Convention in 1878, and became effective in 1879.
The second Constitutional Convention in 1878 was spurred by the dramatic and sudden reorientation of the state's economy and workforce, which caused great political strife and a surge in anti-Chinese sentiment. The convention ultimately adopted California's second constitution in 1879.
California's current constitution has been amended over 500 times since its adoption, the second-most of any state constitution behind Alabama. The state's constitution defines the structure of California's government and protects many individual rights, including several that are not protected by the federal Constitution.
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The first constitution was ratified in 1849
California has had two constitutions, with the first being ratified on November 13, 1849, and used until 1879. The first constitution was drafted in both English and Spanish by American pioneers, European settlers, and Californios (Hispanics of California). It was adopted at the 1849 Constitutional Convention of Monterey, following the American Conquest of California and the Mexican-American War, and before California's admission to the Union in 1850. California became the 31st state on September 9, 1850.
The 1849 constitution was created in the context of the Mexican-American War and California's imminent admission to the Union. It was the product of collaboration between various cultural groups, reflecting the state's diverse population at the time. The constitution was drafted in both English and Spanish, with the original texts still available today in the Secretary of State's collection.
The first constitution was in effect for almost three decades, during which California underwent significant social and economic changes. By the early 1960s, there was a growing sentiment that revisions were necessary to address these transformations. This led to the formation of a Constitutional Revision Commission, which met from the 1960s to the 1970s and proposed several amendments that appeared on the ballot for the November general election in 1974.
However, the revisions proposed by the commission did not fully address the evolving needs of the state. In 1878, California called for a second constitutional convention, which ultimately led to the adoption of the current constitution in 1879. This second constitution was a response to the dramatic shifts in California's economy and workforce, which had caused political strife and a surge in anti-Chinese sentiment. The 1879 constitution has been amended numerous times since its adoption, reflecting the dynamic nature of California's legal landscape.
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The second constitution was a response to political strife and anti-Chinese sentiment
California has had two state constitutions in its history. The first was drafted in 1849, following the Mexican-American War and in advance of California's admission to the Union as the 31st state in 1850. This first constitution was published in both English and Spanish.
However, in the early 1870s, California underwent a period of significant economic and political upheaval, which caused great political strife and a surge in anti-Chinese sentiment. This instability spurred demands for a new constitution, and in 1878, California called a second constitutional convention. The second constitution was adopted in 1879, and an English version was produced.
The second constitution was a response to the political turmoil and anti-Chinese sentiment of the time. The economic and political upheaval of the early 1870s had far-reaching consequences, and the state's existing constitution was no longer adequate. The surge in anti-Chinese sentiment, in particular, played a significant role in spurring demands for constitutional change.
The second constitution was drafted to address the specific concerns and challenges of the time. It is a reflection of the social and political factors that shaped its creation. The process of drafting the second constitution was a deliberate and considered response to the issues facing California at the time.
Since its enactment, California's second constitution has been amended numerous times. The state has employed revision commissions and ballot initiatives to propose amendments, which are then put to a vote for approval by California's voters. As a result of these frequent amendments, California's constitution has become one of the longest in the world by total word count.
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The California Legislature considered revising the constitution in the 1960s
California's first constitution was adopted in 1849, following the Mexican-American War and in advance of California's Admission to the Union in 1850. This constitution was used until 1879, when a second constitution came into effect. The second constitution was drafted in response to widespread public disgust with the powerful railroads that controlled California's politics and economy at the start of the 20th century.
By the early 1960s, the California Legislature believed that a revision to the 1879 constitution may be necessary. They called for the creation of a Constitutional Revision Commission, composed of citizen and legislative members. This commission was created in 1963 and worked on a comprehensive revision of the constitution from 1964 to 1976. The commission's efforts resulted in the removal of approximately 40,000 words from the constitution, which had grown to 75,000 words by 1962.
The electorate ratified the commission's revisions in 1966, 1970, 1972, and 1974, but rejected the 1968 revision, which would have made the state's superintendent of schools an appointed rather than an elected official. The commission's proposals continued to be implemented through 1974, with several proposed constitutional amendments appearing on the ballot for the November 1974 general election.
Since the enactment of the 1879 constitution, it has been amended over 500 times, with voters most recently approving a new amendment in November 2024. California's current constitution is one of the longest in the world, second only to Alabama's in terms of the number of amendments. The length of the constitution has been attributed to factors such as the influence of previous Mexican civil law, a lack of faith in elected officials, and the prevalence of ballot initiatives.
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Frequently asked questions
California's second constitution was adopted in 1879.
California's second constitution was adopted due to the dramatic and sudden reorientation of the state's economy and workforce, which caused great political strife and a surge in anti-Chinese sentiment.
California's second constitution was drafted in English.
California has had two constitutions. The first was ratified in 1849 and the second came into effect in 1879.
