VIEWS: 30 PAGES: 25 POSTED ON: 7/13/2011
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.
Pages to are hidden for
"CALIFORNIA CONSTITUTION"Please download to view full document