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Encyclopedia > California Constitution
The 1849 Constitution was signed in Colton Hall in Monterey.
Wikisource has original text related to this article:
California Constitution

The California Constitution is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of California. The original constitution, adopted in November 1849 in the U.S. territory of California prior to California's attaining U.S. statehood in 1850, was superseded by the current constitution, which was ratified on May 7, 1879.[1] Image File history File linksMetadata Download high resolution version (1600x1200, 171 KB) Summary Taken December of 2005 by Jaybeatle 01:38, 6 December 2005 (UTC). ... Image File history File linksMetadata Download high resolution version (1600x1200, 171 KB) Summary Taken December of 2005 by Jaybeatle 01:38, 6 December 2005 (UTC). ... The Customs House at Monterey View of Monterey Bay and its kelp A sea lion rookery at the marina Museum interior with ship models and equipment Kelp Forest display at the Monterey Bay Aquarium Monterey is a city near the Pacific coast in northern California. ... Image File history File links Wikisource-logo. ... The original Wikisource logo. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties/Parishes/Boroughs, Cities, and Towns Other countries Politics Portal      A U.S. state is any one of the fifty subnational entities of... Official language(s) English Capital Sacramento Largest city Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ... 1849 was a common year starting on Monday (see link for calendar). ... For the game, see: 1850 (board game) Year 1850 (MDCCCL) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Sunday of the 12-day slower Julian calendar). ... May 7 is the 127th day of the year in the Gregorian calendar (128th in leap years). ... 1879 (MDCCCLXXIX) was a common year starting on Wednesday (see link for calendar). ...

Contents

Amendments and revisions

In response to widespread public disgust with the powerful railroads which controlled California's politics and economy at the start of the 20th century, Progressive politicians pioneered the concept of aggressively amending the state constitution by initiative in order to remedy perceived evils.[2] From 1911, the height of the U.S. Progressive Era, to 1986, the California Constitution was amended over 460 times.[3] The constitution gradually became increasingly bloated, leading to abortive efforts towards a third constitutional convention in 1897, 1914, 1919, 1930, 1934, and 1947.[4] By 1962 the constitution had grown to 75,000 words, which at that time was longer than any other state constitution but Louisiana.[5] That year, the electorate approved the creation of a California Constitution Revision Commission, which worked on a comprehensive revision of the constitution from 1964 to 1976. The electorate ratified the Commission's revisions in 1966, 1970, 1972, and 1974, but rejected the 1968 revision, whose primary substantive effect would have been to make the state's superintendent of schools into an appointed rather than an elected official.[6] In the end, the Commission managed to remove about 40,000 words from the constitution.[7] 1911 (MCMXI) was a common year starting on Sunday (link will display the full calendar). ... In the United States, the Progressive Era was a period of reform which lasted from the 1890s through the 1920s. ... 1986 (MCMLXXXVI) was a common year starting on Wednesday of the Gregorian calendar. ... An amendment is a change to the constitution of a nation or a state. ...


Differences from other constitutions

Unlike most constitutions, the California Constitution is quite long at 110 pages. The length has been attributed to a variety of factors, such as lack of faith in elected officials and the fact that most initiatives take the form of a constitutional amendment.[8] Several amendments involved the authorization of the creation of state government agencies, including the State Compensation Insurance Fund and the State Bar of California; the purpose of such amendments was to insulate the agencies from being attacked as an unconstitutionally broad exercise of police power. An official is, in the primary sense, someone who holds an office in an organisation, of any kind. ... In political science, the initiative (also known as popular or citizens initiative) provides a means by which a petition signed by a certain minimum number of registered voters can force a public vote on a proposed statute, constitutional amendment, charter amendment or ordinance. ... State Funds San Francisco home office State Funds Los Angeles branch office The State Compensation Insurance Fund (SCIF or State Fund) is a workers compensation insurer that is operated by the U.S. state of California. ... The State Bars main office in San Francisco is housed on several floors of this office building The State Bar of California is Californias official bar association. ... This article or section does not cite its references or sources. ...


Unlike other state constitutions, the California Constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers.[9] By specifically enabling cities to pay counties to perform governmental functions for them, Section 8 of Article XI resulted in the rise of the contract city.[10] A contract city is a city in which a city has a contract with a county or parish to provide police services. ...


Many of the individual rights clauses in the state constitution have been construed as providing rights broader than the Bill of Rights in the federal constitution.[11] Two excellent examples are the Pruneyard Shopping Center case, and the first decision in America in 1972 finding the death penalty unconstitutional, California v. Anderson, 6 Cal. 3d 628, which also noted that under the state constitution, a stronger protection applies than the U.S. Constition's 8th Amendment, which prohibits punishments which are cruel and unusual, the state constitution prohibits punishments which are cruel or unusual. A bill of rights is a list or summary of which is considered important and essential by a group of people. ... Page one of the original copy of the Constitution. ... Typical roadside sign The PruneYard Shopping Center is a sprawling 250,000 square foot (23,000 m²) shopping center located in Campbell, California at the intersection of Campbell Ave. ... It has been suggested that this article or section be merged with People_v. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court...


Original Signers of the 1849 Constitution

  • Joseph Aram
  • Ch. T. Botts
  • Elam Brown
  • Jose Anto. Carrillo
  • Jose Ma. Covarrubias
  • Elisha O. Crosby
  • Lewis Dent
  • K. H. Dimmick
  • Manl. Dominguez
  • A. J. Ellis
  • Stephen C. Foster
  • Edw. Gilbert
  • Pablo de la Guerra
  • Wm. M. Gwin
  • Julian Hanks
  • Henry Hill
  • Wm. M. Steuart
  • R. Semple
  • M. G. Vallejo
  • Joseph Hobson
  • Thos. L. Vermeule
  • H. W. Halleck
  • Joel P. Walker
  • L. W. Hastings
  • O. M. Wozencroft
  • J. McHenry Hollingsworth
  • Jas. McHall Jones
  • Thomas O. Larkin
  • Francis J. Lippitt
  • Benj. S. Lippincott
  • Benjiman F. Moore
  • M. M. McCarver

Stephen C. Foster (1822—1898) was the first mayor of Los Angeles under American rule. ... Henry Hill (born June 11, 1943) is a famous former FBI informant whose life was immortalized in the book Wiseguy by crime reporter Nicholas Pileggi. ... We dont have an article called John Mcdougall Start this article Search for John Mcdougall in. ... Miguel Telesford Pedrorena or Miguel de Pedrorena (–March 21, 1850) was an early settler of San Diego, California Pedroena moved to San Diego in 1845. ... Rodman McCamley Price (March 5, 1816 – June 7, 1894) was Governor of New Jersey from 1854 to 1857. ... This does not cite its references or sources. ... Winfield Scott Sherwood (1817-June 25, 1870) was one of the original signers of the 1849 California Constitution. ... Don Mariano Guadeloupe Vallejo (4 July 1807 - 18 January 1890) was a Californian military commander, politician, and rancher. ... Henry Wager Halleck (1815 - 1872) was an American soldier and politician. ... Thomas Oliver Larkin, was the son of Thomas O. Larkin and Hannah (Cordis). ... In the context of the United States of America, a state constitution is the governing document of a U.S. state, comparable to the U.S. Constitution which is the governing document of the United States. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties/Parishes/Boroughs, Cities, and Towns Other countries Politics Portal      A U.S. state is any one of the fifty subnational entities of... The Alabama Constitution is the basic governing document of the U.S. state of Alabama. ... // The Alaska Constitution is the constitution of the U.S. state of Alaska. ... The Arizona Constitution is the governing document and framework for the State of Arizona. ... The Arkansas Constitution is the governing document of the U.S. state of Arkansas. ... Official language(s) English Capital Denver Largest city Denver Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 8th 269,837 km² 451 km 612 km 0. ... The Connecticut Constitution is the basic governing document of the U.S. state of Connecticut. ... The Delaware Constitution of 1897 is the fourth and current governing document for Delaware state government and has been in effect since its adoption on June 4, 1897. ... The Great Seal of the State of Florida The Florida Constitution is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of Florida, and establishes the basic law of the state. ... The Constitution of Hawaii refers to various legal documents throughout the history of the Hawaiian Islands that defined the fundamental principles of authority and governance within its sphere of jurisdiction. ... Official language(s) English Capital Boise Largest city Boise Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 14th 216,632 km² 491 km 771 km 0. ... The Illinois Constitution is the governing body of the state of Illinois. ... The Kansas Constitution was originally known as the Wyandotte Constitution to distinguish it from three proposed constitutions that preceded it. ... Official language(s) English Capital Frankfort Largest city Louisville Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 37th 104,749 km² 225 km 610 km 1. ... The Louisiana Constitution is the governing document of the U.S. state of Louisiana. ... The Maine Constitution established the State of Maine in 1820 and is the fundamental governing document of the state. ... The Great Seal of Maryland The current Constitution of Maryland, which was ratified by the people of the state on September 18, 1867, forms the basic law for the U.S. state of Maryland. ... The Constitution of the Commonwealth of Massachusetts is the fundamental governing document of the Commonwealth of Massachusetts. ... The Michigan Constitution is the governing document of the state of Michigan. ... The Constitution of the State of Minnesota was initially approved by the residents of Minnesota Territory in a special election held on October 13, 1857, and was ratified by the United States Senate on May 11, 1858, marking the admittance of Minnesota to the Union. ... The constitution of Mississippi is the governing document of Mississippi. ... Within Missouri, there are three levels of government: state government county city Missouris state capital is Jefferson City lying approximately halfway between its two largest cities, St. ... The Montana Constitution is the primary legal document providing for the self-governance of the U.S. State of Montana. ... Official language(s) English Capital Lincoln Largest city Omaha Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 16th 200,520 km² 340 km 690 km 0. ... Wikisource has original text related to this article: New Hampshire Constitution The New Hampshire State Constitution is the primary governing document of the State of New Hampshire ratified on June 2, 1784. ... The Constitution of the State of New Jersey is the basic governing document of the State of New Jersey. ... CONSTITUTION OF NEW YORK, 1777 New York State Constitution Current through January 1, 2004 Categories: | | | | ... The North Carolina Constitution governs the structure and function of the North Carolina state government. ... State nickname: Peace Garden State, Roughrider State, Flickertail State Other U.S. States Capital Bismarck Largest city Fargo Governor John Hoeven Official languages English Area 183 272 km² (19th)  - Land 178 839 km²  - Water 4 432 km² (2. ... The Ohio Constitution is the basic governing document of the State of Ohio, which in 1803 became the 17th state to join the United States of America. ... Great Seal of the State of Oklahoma The Constitution of the State of Oklahoma is the governing document of the state of Oklahoma, superseded only by the Federal Constitution. ... The Oregon Constitution is a U.S. state constitution, the governing document of the American state of Oregon. ... The current Constitution of Pennsylvania, most recently revised in 1968, forms the law for the Commonwealth of Pennsylvania. ... The South Carolina Constitution is the governing document of South Carolina. ... The Tennessee State Constitution defines the form, structure, activities, character, and fundamental rules (and means for changing them) of the U.S. State of Tennessee. ... The Texas Constitution is the document that describes the structure and function of the government of Texas. ... Official language(s) English Capital Salt Lake City Largest city Salt Lake City Area  - Total  - Width  - Length  - % water  - Latitude  - Longitude Ranked 13th 219,887 km² 435 km 565 km 3. ... The Vermont Constitution is the governing document of the U.S. state of Vermont. ... The Constitution of Virginia is a United States state constitution. ... The Washington Constitution is the document that describes the structure and function of the government of the state of Washington. ... Wikisource has original text related to this article: Constitution of Wisconsin Wikisource has original text related to this article: Rejected Constitution of the State of Wisconsin The Wisconsin Constitution is the governing document of the U.S. state of Wisconsin. ... An insular area is United States territory that is neither a part of one of the fifty states nor a part of the District of Columbia, the nations federal district. ...

References

  1. ^ Joseph R. Grodin, Calvin R. Massey, and Richard B. Cunningham, The California State Constitution: A Reference Guide (Westport, CT: Greenwood Press, 1993), 8 and 16.
  2. ^ 16-17.
  3. ^ Grodin, 21.
  4. ^ Grodin, 18-19.
  5. ^ Grodin, 19.
  6. ^ Grodin, 20.
  7. ^ Grodin, 19.
  8. ^ Grodin, 14-15.
  9. ^ Grodin, 170-192.
  10. ^ Grodin, 193.
  11. ^ Grodin, 37.

See also

California is governed as a republic, with three branches of government, the executive branch consisting of the Governor of California and the other elected constitutional officers, the legislative branch consisting of the Assembly and Senate, and the judicial branch consisting of the Supreme Court of California and lower courts. ... The recent and current politics of the U.S. state of California are complex and involve a number of entrenched interests. ...

External links

Full text

  • Search State Constitution searchable index
  • California State Archives - 1849 State Constitution (text)

Additional information

  • California Policy Seminar brief: The Revision of the California Constitution
  • California Performance Review

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