California Constitutional Conventions

Last updated

California Constitution 1849 title page.jpg
Proclama al Pueblo de California (1849) (cropped).jpg
The 1849 handwritten copies of the Constitution of California in both English and Spanish.

The California Constitutional Conventions were two separate constitutional conventions that took place in California during the nineteenth century which led to the creation of the modern Constitution of California. The first, known as the 1849 Constitutional Convention of Monterey, held in September and October 1849 in advance of California attaining U.S. statehood the following year, adopted the state's original constitution. [1] This document maintains jurisdiction along with the current constitution [2] which was ratified on May 7, 1879, following the 1879 Constitutional Convention of Sacramento. [3] Article 3 Section 2 of the current Constitution references the original boundaries [4] as stated in the 1849 Constitution at Article 12. [5] The result of Progressive mistrust of elected officials, this later constitution took a full year to finalize (March 1878 to March 1879) [6] and has been described as "the perfect example of what a constitution ought not to be". [7] Multiple calls for a third state constitutional convention have been raised during the past quarter-century, but none has thus far gained widespread political momentum.

Contents

Monterey Convention of 1849

Colton Hall in Monterey, site of the 1849 Constitutional Convention Colton Hall.JPG
Colton Hall in Monterey, site of the 1849 Constitutional Convention

The Monterey Convention of 1849 was the first California Constitutional Convention to take place. [1] [8] [9] Bvt. Brig. Gen. Bennett C. Riley, ex officio Governor of California, issued a proclamation on June 3, 1849 calling for a convention and a special election on August 1 where delegates to the convention would be elected. [1]

The memorial presenting the proposed constitution to Congress claimed it banned slavery not because of anti-slavery sentiment, but just unanimous agreement (including convention delegates originally from slave states) that California's climate and soil were not suitable for slave labor. It also described the proposed eastern boundary as a compromise between those who wished to include all of former Mexican Alta California (including today's Nevada, Utah, and Arizona) and a committee-proposed eastern boundary at 116° (including the western half of Nevada but excluding the Lower Colorado River Valley and Imperial Valley), and denied having considered north–south division at the Missouri Compromise Line (south of Carmel and Fresno), saying Southern Californians had no interest in division. [1] : xix 

Sacramento Convention of 1878–79

The Sacramento Convention of 1878–79 amended and ratified the original 1849 constitution. [10] [11] [12] It took place in Sacramento, California from March 1878 to March 1879.

The Convention was composed of 152 delegates. A series of districts were apportioned 88 delegates. Some of the districts were composed of a single county, some composed of several counties, and others operated as floterial districts. The electorate of the State at-large elected 32 delegates. Each of the four Congressional district elected 8 delegates. [13]

The new California Constitution produced by the Convention was voted for on May 7, 1879, and adopted by a vote of 77,959 to 67,134. [14]

Future Conventions

Present language in the Constitution of California: "The Legislature by rollcall vote entered in the journal, two-thirds of the membership of each house concurring, may submit at a general election the question whether to call a convention to revise the Constitution. If the majority vote yes on that question, within 6 months the Legislature shall provide for the convention. Delegates to a constitutional convention shall be voters elected from districts as nearly equal in population as may be practicable." (ARTICLE XVIII AMENDING AND REVISING THE CONSTITUTION SEC. 2) [15]

Two proposition petitions circulating in 2010, 09-0066 Citizens' Constitutional Convention Act [16] and 09-0067 The Call for a Citizens' Limited Constitutional Convention, [17] when read together would have amended the mechanism of calling a constitutional convention. Specifically the Citizens' Constitutional Convention Act "shall specify a fair method for selecting or electing citizens to be delegates to a constitutional convention". [16] The Call for a Citizens' Limited Constitutional Convention would have three types of delegates: Assembly district, County, and Tribal. There would be 240 delegates from the Assembly districts: three delegates elected by, and among, a randomly selected pool of 50 eligible persons from each Assembly district. There would be one County delegate for every whole fraction of 175,000 persons residing in each County, provided that there would be at least one County delegate for each County. According to the 2010 census, there would have been 217 County delegates. One delegate would be selected by federally recognized tribes in each of the four federal judicial districts of California. This plan would have provided total of 461 delegates, each having one vote. 231 would have been required to propose amendments to the electorate, but broad consensus would have been highly encouraged. [17]

Related Research Articles

<span class="mw-page-title-main">California State Legislature</span> Legislative branch of the state government of California

The California State Legislature is a bicameral state legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislature convene at the California State Capitol in Sacramento. The California state legislature is one of just ten full-time state legislatures in the United States. The houses are distinguished by the colors of the carpet and trim of each house. The Senate is distinguished by the color red and the Assembly by the color green, inspired by the United Kingdom's House of Lords and House of Commons respectively.

<span class="mw-page-title-main">History of the United States Constitution</span>

The United States Constitution has served as the supreme law of the United States since taking effect in 1789. The document was written at the 1787 Philadelphia Convention and was ratified through a series of state conventions held in 1787 and 1788. Since 1789, the Constitution has been amended twenty-seven times; particularly important amendments include the ten amendments of the United States Bill of Rights and the three Reconstruction Amendments.

The current Constitution of the State 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. It replaced the short-lived Maryland Constitution of 1864 and is the fourth constitution under which the state has been governed. It was last amended in 2022.

<span class="mw-page-title-main">Constitution of Texas</span> Principles, institutions and law of political governance in the U.S. state of Texas

The Constitution of the State of Texas is the document that establishes the structure and function of the government of the U.S. state of Texas, and enumerates the basic rights of the citizens of Texas.

<span class="mw-page-title-main">Minnesota Constitution</span>

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. Nearly 120 amendments have been approved, with perhaps the most significant being a reorganization in 1974 to simplify the document, making it easier for modern readers to comprehend and reducing the extensive verbiage. It is believed that the constitution was amended twice prior to ratification.

<span class="mw-page-title-main">Constitution of Connecticut</span>

The Constitution of the State of Connecticut is the basic governing document of the U.S. state of Connecticut. It was approved by referendum on December 14, 1965, and proclaimed by the governor as adopted on December 30. It comprises 14 articles and has been amended 31 times.

<span class="mw-page-title-main">Constitution of Florida</span> Principles, institutions and law of political governance in the U.S. state of Florida

The Constitution of the State of Florida is the document that establishes and describes the powers, duties, structure, and function of the government of the U.S. state of Florida, and establishes the basic law of the state. The current Constitution of Florida was ratified on November 5, 1968.

State ratifying conventions are one of the two methods established by Article V of the United States Constitution for ratifying proposed constitutional amendments. The only amendment that has been ratified through this method thus far is the 21st Amendment in 1933.

<span class="mw-page-title-main">Constitution of California</span> Principles, institutions and law of political governance in the U.S. state of California

The Constitution of California is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. California's constitution was drafted in both English and Spanish by American pioneers, European settlers, and Californios and adopted at the 1849 Constitutional Convention of Monterey, following the American Conquest of California and the Mexican–American War and in advance of California's Admission to the Union in 1850. The constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878–79.

The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776.

The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constitution's provisions tend to be more detailed and amended more often than its federal counterpart. Because the history of the state constitution differs from the federal constitution, the New York Court of Appeals has seen fit to interpret analogous provisions differently from United States Supreme Court's interpretation of federal provisions.

<span class="mw-page-title-main">Constitution of Oklahoma</span> Principles, institutions and law of political governance in the U.S. state of Oklahoma

The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th U.S. state. At its ratification, the Oklahoma Constitution was the lengthiest governing document of any government in the U.S. All U.S. state constitutions are subject to federal judicial review; any provision can be nullified if it conflicts with the U.S. Constitution.

The Constitution of the State of Wisconsin is the governing document of the U.S. State of Wisconsin. It establishes the structure and function of state government, describes the state boundaries, and declares the rights of state citizens. The Wisconsin Constitution was written at a constitutional convention held in Madison, Wisconsin, in December 1847 and approved by the citizens of Wisconsin Territory in a referendum held in March 1848. Wisconsin was admitted to the United States on May 29, 1848. Although it has been amended over a hundred times, the original constitution ratified in 1848 is still in use. This makes the Wisconsin Constitution the oldest U.S. state constitution outside of New England. Only Massachusetts, New Hampshire, Vermont, Maine, and Rhode Island use older constitutions.

The Massachusetts Constitutional Convention of 1853 met from May 4 to August 2 in order to consider changes to the Massachusetts Constitution. This was the third such convention in Massachusetts history, following the original constitutional convention, in 1779–80 and the second, in 1820–21, which resulted in the adoption of the first nine amendments.

<span class="mw-page-title-main">Constitution of Indiana</span> State Constitution

The Constitution of Indiana is the highest body of state law in the U.S. state of Indiana. It establishes the structure and function of the state and is based on the principles of federalism and Jacksonian democracy. Indiana's constitution is subordinate only to the U.S. Constitution and federal law. Prior to the enactment of Indiana's first state constitution and achievement of statehood in 1816, the Indiana Territory was governed by territorial law. The state's first constitution was created in 1816, after the U.S. Congress had agreed to grant statehood to the former Indiana Territory. The present-day document, which went into effect on November 1, 1851, is the state's second constitution. It supersedes Indiana's 1816 constitution and has had numerous amendments since its initial adoption.

<span class="mw-page-title-main">Constitution of New Mexico</span>

The Constitution of the State of New Mexico is the document that establishes the fundamental political framework of the U.S. state of New Mexico. It sets forth the principles and structure of government, enumerates the rights of citizens, and functions as the supreme law of the state, subordinate only to the United States Constitution.

<span class="mw-page-title-main">Colton Hall</span> First seat of government of California

Colton Hall is a government building and museum in Monterey, California, United States. It was built in 1847-49 by Walter Colton, who arrived in Monterey as the chaplain on Commodore Robert F. Stockton's vessel. He remained and was named as Monterey's first alcalde (mayor) in the American Period. Colton Hall originally contained rooms downstairs for a public school and government assembly hall upstairs. It was the site of California's first constitutional convention in 1849.

Livermore V. Waite is an 1894 California Supreme Court ruling that limits the power of the legislature in making amendments to the California Constitution by ruling that the power to change to the constitution cannot be delegated to any individual, as the sovereign power rests with the people

<span class="mw-page-title-main">2016 California Proposition 59</span> California ballot proposition

California Proposition 59 is a non-binding advisory question that appeared on the 2016 California November general election ballot. It asked voters if they wanted California to work towards overturning the Citizens United U.S. Supreme Court ruling.

References

  1. 1 2 3 4 Report of the Debates in the Convention of California on the Formation of the State Constitution in September and October, 1849. United States Congress. 1850.
  2. ↑ "TEXAS v. WHITE ET AL".
  3. ↑ Grodin 8, 16.
  4. ↑ "Archived copy". Archived from the original on February 2, 2014. Retrieved January 23, 2014.{{cite web}}: CS1 maint: archived copy as title (link)
  5. ↑ "Archived copy". Archived from the original on January 28, 2010. Retrieved January 23, 2014.{{cite web}}: CS1 maint: archived copy as title (link)
  6. ↑ 1878–1879 Constitutional Convention Working Papers Archived 2010-01-28 at the Wayback Machine , California State Archives
  7. ↑ Wilson and Ebbert via Korey 11. Korey states, "The convention did succeed in producing what one writer has called 'a document that was the perfect example of what a constitution ought not to be.'" The work cited is Wilson and Ebbert, California's Legislature.
  8. ↑ Biographical sketches of the delegates to the convention to frame a new constitution for the State of California, 1878 : together with a succinct review of the facts leading to the formation of the Monterey Convention of 1849, a list of its members, and the Constitutional Act of 1878
  9. ↑ A Humorous Account of America's Past: 986 to 1898
  10. ↑ Kogan, Vladimir; Binder, Michael (2017). "Parties Without Brands? Evidence from California's 1878–79 Constitutional Convention". Studies in American Political Development. 31 (1): 68–87. doi:10.1017/S0898588X17000025. ISSN   0898-588X. S2CID   233361580.
  11. ↑ Los Angeles Herald - 1879
  12. ↑ Rose Institute - Original Intent of California's Blaine Provision
  13. ↑ California; Willis, E. B.; Stockton, P. K. (1880). Debates and proceedings of the Constitutional convention of the state of California, convened at the city of Sacramento, Saturday, September 28, 1878. Harvard University. Sacramento : State office, J. D. Young, Supt. State printing.
  14. ↑ Sargent, Noel. The California Constitutional Convention of 1878-9. California Law Review, volume 6, number 1, Nov. 1917. Available online at JSTOR
  15. ↑ "Law section". leginfo.legislature.ca.gov. Retrieved May 23, 2022.
  16. 1 2 "ALLOWS VOTERS TO PLACE QUESTION OF CALLING A CONSTITUTIONAL CONVENTION ON THE BALLOT. INITIATIVE CONSTITUTIONAL AMENDMENT". UC Hastings College of the Law.
  17. 1 2 "The Call for a Citizens' Limited Constitutional Convention" (PDF). State of California Department of Justice.

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.