Constitution

1
Constitution

• POSC 140
• California Governments and Politics
• Braunwarth

2
Confers Legitimacy

• Democracy rests on the idea of Popular
  Sovereignty
• That power rests with the people
• This necessitates a Limited Government
• Governments are empowered and limited by
  Constitutions approved by the public
• Is the Fundamental Law of the State

3
CA 1849 Constitution

• Established the basic structure of government
• 16 point bill of rights including
• No Slavery
• Property Rights for Women
• Printed in both English and Spanish
• Exhibited at Golden State Museum in Sacramento

4
CA Constitution of 1878

• Much more detail and specificity
• Further limitation on government
• Many specific provisions addressing a variety of
  groups
• Reflects the idea of Hyperpluralism
• Dominated by Elite and Special Interests

5
CA Constitution Detailed and Long

• 33,000 words in length
• Amended nearly 500 times (v. 27 U.S.)
• 4th largest Constitution in the world
• Why so BIG?
• Substantive (v. Procedural)
• Has had to grow as the state has

6
Excessive Detail

• Bewildering variety of specific topics
• Sale of alcoholic beverages on planes
• the Alumni Association of the UC
• Cafeteria budgets of state agencies
• use of Bingo by charitable groups
• the right of citizens to fish
• Property tax exemption for grape vines less than
  three years old, etc.