California Constitution Federalism In Action

As you listen: Consider the important differences and/or similarities between the US and California constitutions. Make a t-chart: –State v. Federal DifferencesSimilarities

st Constitution Monterey Convention- 48 delegates –3 branches w/checks &balances –boundaries –outlawed slavery –women & property –bi-lingual –capitol: San Jose

2 nd Constitution 1879 Establishes permanent capitol in Sacramento Board of Equalization 8 hour day anti-Chinese 23 pages long amended times

2 major revisions California Constitution Revision Commission –shorten the 123 page document, other California Constitutional Revision Commission (1994 to 1996) –term limits –legislative session –budget

Stop and Reflect How is the history of the California Constitution the same or different than that of the US Constitution?

Tell your partner

Preamble 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.

Article I Declaration of Rights –31 Sections !!! property rights ban on gay marriage (pending appeal) victim’s rights public fishing death penalty

ARTICLE II VOTING, INITIATIVE AND REFERENDUM, AND RECALL ARTICLE III STATE OF CALIFORNIA ARTICLE IV LEGISLATIVE ARTICLE V EXECUTIVE ARTICLE VI JUDICIAL ARTICLE VII PUBLIC OFFICERS AND EMPLOYEES ARTICLE IX EDUCATION ARTICLE X WATER ARTICLE X A WATER RESOURCES DEVELOPMENT ARTICLE X B MARINE RESOURCES PROTECTION ACT OF ARTICLE XI LOCAL GOVERNMENT ARTICLE XII PUBLIC UTILITIES ARTICLE XIII TAXATION ARTICLE XIII A [TAX LIMITATION] ARTICLE XIII B GOVERNMENT SPENDING LIMITATION ARTICLE XIII C [VOTER APPROVAL FOR LOCAL TAX LEVIES] ARTICLE XIII D [ASSESSMENT AND PROPERTY-RELATED FEE REFORM] ARTICLE XIV LABOR RELATIONS ARTICLE XV USURY ARTICLE XVI PUBLIC FINANCE ARTICLE XVIII AMENDING AND REVISING THE CONSTITUTION ARTICLE XIX MOTOR VEHICLE REVENUES ARTICLE XIX A LOANS FROM THE PUBLIC TRANSPORTATION ACCOUNT OR LOCAL TRANSPORTATION FUNDS ARTICLE XIX B MOTOR VEHICLE FUEL SALES TAX REVENUES AND TRANSPORTATION IMPROVEMENT FUNDING ARTICLE XIX C [ENFORCEMENT OF CERTAIN PROVISIONS] ARTICLE XX MISCELLANEOUS SUBJECTS ARTICLE XXI REDISTRICTING OF SENATE, ASSEMBLY, CONGRESSIONAL AND BOARD OF EQUALIZATION DISTRICTS ARTICLE XXII [ARCHITECTURAL AND ENGINEERING SERVICES] ARTICLE XXXIV PUBLIC HOUSING PROJECT LAW ARTICLE XXXV MEDICAL RESEARCH

Stop and Reflect… Structure/Contents Same? Different?

Tell your partner

Legislative Branch bi-cameral (18 yrs, eligible to vote, citizen 3 years) Senate –limit 2 terms (4-yr.) – 40 members Assembly –limit 3 terms (2 yrs.) –80 members

Legislative Power makes laws –police power appointment approval impeachment initiative process amendment process

Same? Different?

Executive Governor (4-yr. term) Other elected executives –Lieutenant Governor Gavin NewsomGavin Newsom –Secretary of State Debra BowenDebra Bowen –State Controller John ChiangJohn Chiang –State Treasurer Bill LockyerBill Lockyer –Attorney General Kamala HarrisKamala Harris –Board of Equalization Commissioners

Executive Powers Appointment and Removal Supervisory Power Budget-making power Military Power Legislative Actions –“message” –calling special sessions –line-item veto, no pocket veto Judicial Actions –Executive Clemency pardon commutation reprieve parole

same? different?

California Judiciary Supreme Court Courts of Appeal Superior Courts

Judicial 7 member Supreme Court Pictured en banc in the Supreme Court Courtroom in San Francisco are the court's seven justices from left to right: Associate Justice Carlos R. MorenoAssociate Justice Carlos R. Moreno, Associate Justice Joyce L. KennardAssociate Justice Joyce L. Kennard, Associate Justice Kathryn Mickle Werdegar,Associate Justice Kathryn Mickle Werdegar Chief Justice Tani Cantil-SakauyeChief Justice Tani Cantil-Sakauye, Associate Justice Ming W. ChinAssociate Justice Ming W. Chin, Associate Justice Marvin R. Baxter,Associate Justice Marvin R. Baxter Associate Justice Carol A. CorriganAssociate Justice Carol A. Corrigan. (Photo: William A. Porter, San Francisco, CA)

6 Court of Appeals Districts 3-judge panel –Was the law appropriately applied?

Terms appointed by executive, –approved by Commission on Judicial Appointments 12 year terms Must be approved by voters –retention election

58 Superior Courts 1 per county approx. 7 million criminal cases approx. 1.5 million civil cases special departments –Family Court –Juvenile Court –Probate Court –Small Claims Court –Traffic Court

Terms Popular Elections 6 years

Differences/Similarities?

Stop and Reflect…. What are the advantages and disadvantages of federalism? Why did the Framers include the 10 th Amendment? How is government more or less efficient in a federal system? Has “balance of power” been achieved? –Has this proven to be good/bad?