CALIFORNIA CONSTITUTION by wulinqing

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									            CALIFORNIA
           CONSTITUTION



   “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.”
CALIFORNIA CONSTITUTION
            
               CALIFORNIA
              CONSTITUTION
   First adopted in 1849 (Monterey) prior to Statehood
    (Constitutional Convention, 48 delegates) and approval of
    the voters
   Only white males could vote
   Women given the vote in 1911
   Unitary structure (power derived from state government
    and/or the constitution
   Replaced in 1879 with the current document to address
    social and economic needs
   Over 500 amendments (initiative, referendum)
   Much more specific in terms of policy etc. than the U.S.
    Constitution
CREATING THE ROADMAP
   Constitution included 137
    sections

   “Borrowed provisions
    from:
    Iowa (66 sections)
    New York (19 sections)
    United States
    Constitution
       FEDS AND THE STATE
     U.S. Constitution            California Constitution

   Seven Articles                Thirty-four Articles

   Bill of Rights added          Declaration of Rights
                                   begins the constitution
   Twenty-seven
    Amendments                    Over 500 Amendments

   Virtually impossible to       Easily amended
    amend
AND…………………
   The federal constitution serves as a basis for
    California’s constitution however the state
    expands the rights of its citizens. For instance
    (Article I, Section 1) states “All people are by
    nature free and independent and have inalienable
    rights. Among these are enjoying and defending
    life and liberty, acquiring, processing and
    protecting property, and pursuing and obtaining
    safety, happiness, and privacy.” These rights are
    not specifically noted in the U.S. Constitution.
CHANGE, CHANGE AND
MORE CHANGE….
   United States Constitution has been
    amended 27 times

   California over 500 times
   Texas over 410 times
   Alabama over 740 times
      AMENDMENT PROCESS
   Initiative-Voter majority (petitions signed by 8% of voters
    for governor in the last election)
   Referendum-Voter majority (passed by 2/3 of legislature)
   Both can either be a proposed amendment or a law
   Constitutional Convention
    2/3’s vote of each chamber (full mem.) and a majority
    vote of the people (not since 1879)
   Legislature cannot borrow money or amend the
    Constitution without voter approval
   Through the year 2000:
       Initiative-42 times
       Referendum-463 times
     SIGNIFICANT INITIATIVES
   Prop. 1A (1966) created a “professional” legislature (see
    Prop. 140)
   Prop. 13 (1978): reduced property tax liability
   Prop. 37 (1984): established state lottery
   Prop. 98 (1988): required 40% of state budget to be
    allocated to education
   Prop. 140 (1990): set up term limits/reduced budgets (see
    Prop. 1A)
   Prop. 184 (1994): established three strikes’ penalties
   Prop. 187 (1994): withheld education and health benefits
    from undocumented immigrants
   Prop. 209 (1996): eliminated affirmative action
   Prop. 215 (1996): approved medicinal marijuana
   Prop. 227 (1998): required English only in public schools
   Prop. 5 (1998): approved Indian gaming on Indian lands
   Prop. 22 (2000): defined marriage
   Prop. 34 (2000): established campaign contribution
    limitations
INEQUALITY IN THE
 FREE TERRITORY
            Native Americans,
            African Americans
            and Chinese could
            not:
                     Vote
                  Own land
                Testify in court
                 Attend school
               ARTICLE I
   Protections of the people-Declaration of
    Rights
    Establishes and details the rights and
    freedoms of Californians (Bill of Rights)
    Freedom, expression, press, property
    ownership, assembly, religion, due process,
    discrimination, etc.
               ARTICLE II

   Voting, Initiative, Referendum and Recall

   Power of the people to control special
    interests and inept politicians
              ARTICLE III
   State of California
    Establishes state as part of the United
    States
   Recognizes the U.S. Constitution as the
    law of the land
   Establishes boundaries
   Establishes branches of government
   Addresses salaries and benefits’ parameters
           ARTICLES IV-VI
   Establishing the government

   Article IV-Legislature

   Article V-Executive

   Article VI-Judicial
THE STATE LEGISLATURE
   The Legislative Branch is
    comprised of a bicameral
    house.
   There is the Assembly,
    made up of 32
    Republicans and 48
    Democrats
   There is also the Senate,
    made up of 15
    Republicans and 25
    Democrats
   Primary responsibility:
    making law
     FEDS AND THE STATE
   House (435) 53 CA           Assembly (80 districts
   Senate (100) 2 CA            within the state)
   House 2 year terms          Senate (40 districts
                                 within the state)
    (all up every 2 years)
                                Assembly 2 year terms
   Senate 6 year terms
                                 (all up every 2 years)
    (1/3 up every 2 years)
                                Senate 4 year terms
   No term limits
                                 (1/2 up every 2 years)
                                Term limits, 3 in the
                                 Assembly and 2 in the
                                 Senate
THE EXECUTIVE BRANCH*
   Governor                                 Plural Executive:
   Lt. Governor                              State is governed by
   Secretary of State                        eight different offices,
   Attorney General                          none accountable to
                                              the governor
   Insurance
    Commissioner                             In addition there is a
   State Controller                          bureaucracy of some
   State Treasurer                           335,000 state
                                              employees
   Superintendent of
    Public Instruction                       Primary
    * Note:  All serve four year terms,       responsibility: law
    can be reelected once                     implementation
           JUDICIAL BRANCH




   Supreme Court (appeal consideration)

   Appellate Courts (appeal consideration)

   Superior Courts (trials)

   Must be approved by the voters

   Primary responsibility: interpretation of law
                ARTICLE XI
   County and local
    entities
   Alameda County
   Boundaries
   County Officers
   Duties,
    responsibilities,
    remuneration
     A UNITARY APPROACH
   Local governments only have as much power as
    the state government will allow
   6800 local governing bodies
   58 counties
   477 cities
   72 community college districts
   4700 special districts
   1000 elementary and high school districts
STATE REVENUES
              Article XIII-Taxation
               Private and commercial
               property (Proposition 13)
               Banks, insurance
               companies, income,
               sales.

              Article XIIIB-
               Government Limitation
               Spending (balanced
               budget)
AMENDABILITY-SUBJECT
TO CHANGE……..
   Article XVIII-Amending the Constitution

    1) Constitutional Convention (vote of 2/3 of each
    chamber and voter majority (not since 1879)
    2) Referendum, legislative driven and approved
    by the voters
    3) Initiative, voter driven and approved by the
    voters
DRAWING THE LINES….
              Article XXI-
               Reapportionment for
               the Senate, Assembly,
               Congress and the
               Board of Equalization
               (research Proposition
               77, November ballot)
              Gov’s recent
               proposal?
WHERE AM I?
   What is a constitution and what is it used for?
   When was California’s constitution adopted? When was
    it revised and why?
   What is the “Declaration of Rights”?
   How many branches of government? Primary
    responsibilities?
   How many articles and amendments?
   How can it be amended?
   What is “direct” and “indirect” democracy?
   What direct democracy tools were afforded voters in the
    “Progressive Movement”?
   Compare the similarities and differences between the state
    and federal constitutions.
WHAT’S UP?

        Please read chapters
         7 (the California
         Legislature and 8
         (the Executive
         Branch) to prepare
         for upcoming lectures
         and discussions.

								
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