Talk:Constitution of California

constitutional revision
The new stuff at the bottom, concerning the proposed amendments to allow a constitutional convention by initiative and so forth, is, in my opinion, deservedly there. However, that section is in need of revising. First of all, it looks like it was written with someone with a very obvious opinion (I basically agree with the opinion for what it's worth) which isn't proper for a Wikipedia article, and second of all it is written in a somewhat confusing fashion. —Preceding unsigned comment added by 75.221.76.231 (talk) 00:15, 28 August 2009 (UTC)

Length of the Constitution
Isn't California's Constitution only 110 pages long?

http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/11/09/DDG2R9N52B1.DTL

Constitutions
I was under the impression that the Republic's constitution was still alive and well, as the Constitution of the constituent state of the Union, California. The article currently reads that the "current" constitution was ratified in 1879, but new ammendments are passed all the time. What's the answer to all this? Canaen 06:27, 18 May 2006 (UTC)


 * If you are referring to the 1849 constitution, it's dead. The ratification of the 1879 constitution means that the people of California agreed to "kill off" the old constitution and replace it with a new one.  So now the state of California is legally based on the 1879 constitution and all subsequent amendments.  That is, the constitutionality of all state statutes and regulations is checked against the 1879 constitution as amended, and NOT the 1849 constitution.  --Coolcaesar 16:27, 18 May 2006 (UTC)

Does anyone know whether is it true or not that the original constitution of california was also written in spanish? I heard that in a movie but don't seem to find a link in the web.


 * The Costitution of California was indeed translated into Spanish, you're right. You can find information at this page and see copies of the original non-English version: http://www.sos.ca.gov/archives/level3_const1849.html.


 * ICE77 -- 84.223.76.109 15:21, 10 September 2007 (UTC)

Text of the 1879 Constitution
I've been looking around for the text of the 1879 Costitution of California but I still haven't found it. I received a copy on paper from the State of California by mail but I still haven't found a version of it on the Internet. If any of you knows where to find the 1879 Constitution and its subsequent amendments, please leave a comment.

ICE77 -- 84.223.76.109 15:25, 10 September 2007 (UTC)


 * I second that. It would be interesting to see where the differences lie, even if we gloss over the intervening amendments. kwami (talk) 08:35, 23 February 2008 (UTC)


 * I just got a pdf version of a photocopy, as published in 1880. I'll post it. Didn't bother to ask for the amendments: Calif's constitution is ridiculously flaky. kwami (talk) 06:00, 26 February 2008 (UTC)
 * Well, it's under 'See also', but I don't know how to get it to download properly. It uploaded as an 'image'. kwami (talk) 06:12, 26 February 2008 (UTC)

Passing an amendment
I think it would improve the article if someone could answer the questions:
 * 1) How many signatures does it take to get an amendment on the ballot?
 * 2) What percentage of the electorate does it take to pass? Simple majority?

Thanks. CowardX10 (talk) 16:37, 16 May 2008 (UTC)


 * To get an amendment on the ballot requires signatures equal to 8% of the total votes cast in the last gubernatorial election. Without looking into it, my guess would be that this seemingly overcomplicated formula is to ensure the burden is based on who's expected to vote on the issue in question rather than the total population (which, between illegal immigrants and voter turnout below 50% in some past elections, could be a huge difference). Once on the ballot, yes, 50% plus 1.
 * I may go into more detail at a later date, but for now I've added the distinction between an amendment and a revision. FWIW, the Prop 8 controversy is that the latter can't be passed by simple popular vote. Thompsontough (talk) 20:07, 19 November 2008 (UTC)

Amending the California constitution by intiative
CALIFORNIA CONSTITUTION ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL SEC. 8. (a) The initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them.

(b) An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by electors equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the Constitution, of the votes for all candidates for Governor at the last gubernatorial election.

(c) The Secretary of State shall then submit the measure at the next general election held at least 131 days after it qualifies or at any special statewide election held prior to that general election. The Governor may call a special statewide election for the measure.

(d) An initiative measure embracing more than one subject may not be submitted to the electors or have any effect.

(e) An initiative measure may not include or exclude any political subdivision of the State from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of that political subdivision.

(f) An initiative measure may not contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure. ... SEC. 10. (a) An initiative statute or referendum approved by a majority of votes thereon takes effect the day after the election unless the measure provides otherwise. If a referendum petition is filed against a part of a statute the remainder shall not be delayed from going into effect. (b) If provisions of 2 or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail. (c) The Legislature may amend or repeal referendum statutes. It may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their approval. (d) Prior to circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.

(e) The Legislature shall provide the manner in which petitions shall be circulated, presented, and certified, and measures submitted to the electors. SEC. 11. (a) Initiative and referendum powers may be exercised by the electors of each city or county under procedures that the Legislature shall provide. Except as provided in subdivisions (b) and (c), this section does not affect a city having a charter. (b) A city or county initiative measure may not include or exclude any part of the city or county from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of the city or county or any part thereof. (c) A city or county initiative measure may not contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure. SEC. 12. No amendment to the Constitution, and no statute proposed to the electors by the Legislature or by initiative, that names any individual to hold any office, or names or identifies any private corporation to perform any function or to have any power or duty, may be submitted to the electors or have any effect.

Lou (talk) 02:47, 28 May 2008 (UTC)

Removed Convention section from article.
The California Secretary of State web page currently lists 54 Initiatives and Referenda Cleared for Circulation. A Wikipedia article on the state's constitution is not for covering such initiatives.--I Use Dial (talk) 23:49, 10 June 2010 (UTC)

1849 signers
I've reworked the list of the signers from a cited source (also added). It was in mostly alphabetical order. I've added names as needed and put in alphabetical order.

A few points:

TJRC (talk) 23:15, 24 July 2017 (UTC)
 * I moved Pablo de la Guerra from 'G' (Guerra) to 'D' (de la Guerra). The 1850 official source ordered him in that way, so I followed suit.
 * The official source has a small violation of alphabetical order, listing Dominguez before Dimmick. I've followed alphabetical order, listing Dimmick first.
 * I included Marcy, who signed as secretary, not a delegate. I included him in normal alphabetical order, but with the parenthetical (secretary). Reasonable minds could differ about whether to list him separately, or at the end (or beginning, since his name is above the others on the cited document).
 * I cite two sources. Please keep them both. One is official and more authoritative, but often lists only initials instead of first names. The other augments this by providing first names.

needs discussion of, for example, the califonia constitutional right to privacy
needs discussion of, for example, the califonia constitutional right to privacy

All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. California Constitution, Article 1, Section 1 (emphasis added).

California courts have built on this concept of privacy. In Valley Bank of Nevada v. Superior Court, 14 Cal. 3d 652 (1975), the Court recognized the right of consumers to financial privacy. Years later, in Hill v. National Collegiate Athletic Assn, 7 Cal. 4th 1 (1994) the Court established three-part test for privacy interests: (1) a legally protected privacy interest; (2) a reasonable expectation of privacy in the circumstances; and (3) conduct by defendant constituting a serious invasion of privacy. 50.90.158.23 (talk) 19:15, 10 August 2019 (UTC) gtbear@gmail.com

Does "the people" exclude foreigners?
E.g. from the right to privacy?

I know the 4th Amendment of the US-Constitution is interpreted like that.

Where can I find information on this/discussions?

Broth Merel — Preceding unsigned comment added by 92.116.146.99 (talk) 18:09, 23 January 2021 (UTC)

Cruel and unusual punishment and abuse? How does this 1 work?   How and where can I find a attorney to help me with this.
I need help with this and need it as fast as anyone can help us with it. 97.88.17.34 (talk) 15:30, 14 June 2022 (UTC)