What is the purpose of the California Constitution?

California has had two Constitutions. The first Constitution of California was ratified on November 13, 1849, prior to California's admittance into the Union in 1850. California's current constitution was ratified on May 7, 1879 and has been amended over 480 times.

The constitution of California can be amended or revised through:

(1) Legislative proposal. This method requires a roll call vote in the Legislature with two-thirds of the members of each house concurring;
(2) Convention to revise constitution. To convene a constitutional convention also requires a roll call vote in the Legislature with two-thirds of each house's membership concurring. Any amendment proposed by the convention may then be submitted to the voters at a general election; or
(3) Initiative. The electors may amend the Constitution by initiative.

• To be included on the ballot a Constitutional amendment initiative requires a petition to be submitted to the Secretary of State with the certified signatures of 8-percent of the total vote for all candidates for Governor at the most recent gubernatorial election. As of the November 2012 gubernatorial election the signature requirement is 807,615.
• An Initiative Statute requires 5-percent of the total vote for all candidates for Governor at the most recent gubernatorial election, or 504,760 signatures to qualify.
• If the signature requirements are met, the initiative shall then be placed on the next general election ballot held at least 131 days after its qualification or at any special statewide election held prior to that general election.  Cal. Const. art. II, § 8(b).

For a summary of the Initiative process see How to Qualify an Initiative on the Secretary of State web site. There is also a link to the Statewide Initiative Guide for step-by-step information on the statewide initiative process.

A majority of electors must vote to approve the proposed amendments or revisions. If successful, the changes will take effect the fifth day after the Secretary of State files the statement of the vote for the election unless the language of the amendment/revision states otherwise. If conflicting measures are approved at the same election, then the provisions of the measure receiving the highest affirmative vote shall prevail. Cal. Const. art. XVIII, §§ 1-4.

What is the Difference Between an Initiative, a Referendum and a Proposition?

The initiative is the process that allows the electors to propose legislation and compel the legislature or the full electorate to vote on the measure. A referendum is the power of the electors to approve or reject all or parts of certain types of statutes. Both the initiative and the referendum process are methods of direct democracy. Propositions are the proposed legislation for either the initiative or the referendum.

To reiterate, as excerpted from Legal Research in California, 5th ed., Call Number: State 1st Floor KFC74 .H36 2004:

"the people of California may directly add, repeal, or amend provisions of the California Constitution or statutes," through ballot propositions. The ballot propositions "are proposed either by the Legislature or by citizens." "Propositions directly from the people are proposed by petitions circulated for the [required] number of voter signatures. Propositions from the Legislature are adopted like other legislative measures." Propositions "propose either bond measures, constitutional amendments, or statutes that change existing statutes previously approved by initiative." Referenda are "propositions that allow the people to approve or reject legislative enactments." Initiatives are "propositions that propose legislative or constitutional changes." pg. 163.

Three informational fact sheets (1) What Are Ballot Propositions, Initiatives, and Referendums; (2) The History of Initiative and Referendum in the United States, and (3) State by State List of Initiative and Referendum Provisions are available through the Initiative and Referendum Institute, a non-profit educational organization that provides explanation of the initiative and referendum. The web site, hosted by the University of Southern California has California specific information on the initiative, popular referendum and legislative referendum.

Readings

California’s Constitution was first adopted in 1849, just prior to California becoming a state in 1850. The current constitution was ratified on May 7, 1879.  It is the governing document for the State, similar to the U.S. Constitution is the governing document for the country.

By most accounts, our state’s constitution is one of the longest in the world. In fact, the California Constitution has been amended or revised over 500 times.

While there are many provisions of the original constitution, the main reason that the state’s constitution is so lengthy is that there are numerous provisions adopted by the people by ballot measures at statewide elections. California’s signature requirement for placing measures on the ballot is one of the lowest thresholds of all states.

California’s Constitution authorizes a number of state agencies, such as the University of California (and Stanford University for certain property), the State Compensation Insurance Fund, and the State Bar of California. These provisions are intended to protect these institutions from governmental interference.

The state’s constitution also provides for counties and cities, as well as charter cities, whose local ordinances can be insulated from state laws. In addition, it specifies that cities are permitted to pay counties to perform governmental functions.

The California Constitution’s Preamble provides, “We, the People of the State of California, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution.” In order to appreciate the length and complexity of the state’s constitution, the following are the Articles of the California Constitution:

ARTICLE I DECLARATION OF RIGHTS [Sections 1 – 32]

ARTICLE II VOTING, INITIATIVE AND REFERENDUM, AND RECALL [Sections 1 – 20]

ARTICLE III STATE OF CALIFORNIA [Sections 1 – 9]

ARTICLE IV LEGISLATIVE [Sections 1 – 28]

ARTICLE V EXECUTIVE [Sections 1 – 14]

ARTICLE VI JUDICIAL [Sections 1 – 22]

ARTICLE VII PUBLIC OFFICERS AND EMPLOYEES [Sections 1 – 11]

ARTICLE IX EDUCATION [Sections 1 – 16]

ARTICLE X WATER [Sections 1 – 7]

ARTICLE X A WATER RESOURCES DEVELOPMENT [Sections 1 – 8]

ARTICLE X B MARINE RESOURCES PROTECTION ACT OF 1990 [Sections 1 – 16]

ARTICE XI LOCAL GOVERNMENT [Sections 1 – 15]

ARTICLE XII PUBLIC UTILITIES [Sections 1 – 9]

ARTICLE XIII TAXATION [Sections 1 – 36]

ARTICLE XIII A [TAX LIMITATION] [Sections 1 – 7]

ARTICLE XIII B GOVERNMENT SPENDING LIMITATION [Sections 1 – 15]

ARTICLE XIII C [VOTER APPROVAL FOR LOCAL TAX LEVIES] [Sections 1 – 3]

ARTICLE XIII D [ASSESSMENT AND PROPERTY-RELATED FEE REFORM] [Sections 1 – 6]

ARTICLE XIV LABOR RELATIONS [Sections 1 – 5]

ARTICLE XV USURY [Section 1]

ARTICLE XVI PUBLIC FINANCE [Sections 1 – 23]

ARTICLE XVIII AMENDING AND REVISING THE CONSTITUTION [Sections 1 – 4]

ARTICLE XIX MOTOR VEHICLE REVENUES [Sections 1 – 10]

ARTICLE XIX A LOANS FROM THE PUBLIC TRANSPORTATION ACCOUNT OR LOCAL TRANSPORTATION FUNDS [Sections 1 – 2]

ARTICLE XIX B MOTOR VEHICLE FUEL SALES TAX REVENUES AND TRANSPORTATION IMPROVEMENT FUNDING [Sections 1 – 2]

ARTICLE XIX C [ENFORCEMENT OF CERTAIN PROVISIONS] [Sections 1 – 4]

ARTICLE XIX D VEHICLE LICENSE FEE REVENUES FOR TRANSPORTATION PURPOSES [Section 1]

ARTICLE XX MISCELLANEOUS SUBJECTS [Sections 1 – 23]

ARTICLE XXI REDISTRICTING OF SENATE, ASSEMBLY, CONGRESSIONAL AND BOARD OF EQUALIZATION DISTRICTS [Sections 1 – 3]

ARTICLE XXII [ARCHITECTURAL AND ENGINEERING SERVICES] [Sections 1 – 2]

ARTICLE XXXIV PUBLIC HOUSING PROJECT LAW [Sections 1 – 4]

ARTICLE XXXV MEDICAL RESEARCH [Sections 1 – 7]

Like its federal counterpart, California’s Constitution is the “supreme law of the land” in this state, followed by state statutes, and then regulations promulgated by state entities. As with the federal level, the statutes and regulations cannot conflict with the constitution.

California’s Constitution is much more detailed than the federal constitution, which is focused on the three branches of government. The U.S. Constitution sets forth the three branches of government in its first three articles (i.e., Article I provides for the Congress; Article II provides for the President; and, Article III provides for the Judiciary).

On the other hand, the California Constitution sets forth the three branches of state government in its Articles IV (Legislature), V (Governor) and VI (Judiciary). California’s Constitution sets forth important personal rights in Article I of its constitution, such as the right to privacy (Article I, Section I) and, my personal favorite, the right to fish in public streams (Article I, Section 25)

The provisions of direct democracy (initiative, referendum and recall) are found in Article II. The state’s constitution goes on to cover the establishment of the state’s governance system, as well as other important parts of state government, such as the University of California, in Article III.

Our state’s constitution also covers a number of other subject matters. For example, in keeping with our concerns for the environment and our educational system, there are provisions related to water and marine resources, as well as education.

The California Constitution also has numerous provisions related to taxation and transportation revenues, and it even establishes labor relations laws as well as the state’s workers’ compensation system. While there are many statutes and numerous regulations affecting California’s workers’ compensation system, it is enshrined in the state’s constitution.