THE CALIFORNIA STATE CONSTITUTION
California's current constitution was ratified on May 7, 1879. It superseded a constitution adopted in 1849 after the conclusion of the Mexican-American War of 1848. The state's constitution has been amended and tweaked over the years; a key period for this was 1966-72 with the work of a revision committee.
The constitution of 1879 was adopted in a time of economic and social stress for the state, and reflected, say scholars, a certain lack of confidence in representative government. The document is thus quite long and detailed about many aspects of state government. Accordingly, California governance is highly complex. "No state has quite so many overlapping systems of accountability," declared The Economist in 2009. Gov. Arnold Schwarzenegger has said he backs constitutional reform in hopes of making the government run more smoothly.
One notable aspect of the constitution is that it grants the electorate the right to change state laws via the initiative and referendum processes. In fact, ballot initiatives have left only about 25 percent of the state budget in the hands of elected representatives. The initiative process has resulted in many notable ballot measures over the years, including Proposition 13 (1978) on property taxes, Proposition 209 (1996) on affirmative action, and Proposition 8 (2008) on same-sex marriage.
California's constitution divides governing power among three equal branches: executive, legislative, and judicial. Generally speaking, the executive and legislative branches work closely together to shape legislation.
EXECUTIVE BRANCH
Elected officers in the executive branch serve four-year terms. Passage in 1990 of Proposition 140 prohibited them from serving more than two terms in the same office (except for the insurance commissioner).
The elected officers in the executive branch are governor, lieutenant governor, secretary of state (the state's chief elections officer and records keeper), state controller (who accounts for and disburses state money), state treasurer (the state's banker), state attorney general (the state's chief law enforcement officer), insurance commissioner (protects California's insurance consumers), and state superintendent of public instruction (elected on a nonpartisan basis to direct the Department of Education).
State agencies in the executive branch are Business, Transportation, and Housing; Environmental Protection; Health and Human Services; Labor and Workforce Development; Resources; and State and Consumer Services. Many departments, boards, commissions, and offices reside within these agencies, such as the Department of Motor Vehicles within the Business, Transportation, and Housing Agency; the Department of Public Health within the Health and Human Services Agency; and the Department of Fish and Game within the Resources Agency. The executive branch also has a number of stand-alone departments, boards, commissions, and offices (i.e., not residing within agencies) such as the Department of Food and Agriculture, the Board of Equalization, the California Film Commission, and the Office of the State Public Defender.
Governor
Executive power is vested in the governor, who is elected every four years and may serve no more than two four-year terms. Requirements for the governorship are quite basic: citizenship in the U.S.; being qualified to vote; and being a resident of the state for five years immediately preceding election.
The governor ensures that state laws are enforced, organizes and submits a budget to the California State Legislature, and makes an annual "State of the State" speech to the legislature. The governor can veto bills; a two-thirds vote in both the state assembly and the state senate overrides this veto. Also, the governor can veto particular budget items (line-item veto).
The governor appoints people to more than 2,000 positions throughout the executive branch, can call special sessions of the legislature, can order the California National Guard to duty, and makes judicial appointments that are subject to ratification by either the legislature or the Commission on Judicial Appointments.
Lieutenant Governor
The lieutenant governor is elected in the same election as the governor but is not the running mate of the gubernatorial candidate; California frequently has a governor and lieutenant governor from different parties. The lieutenant governor serves on a number of commissions and is president of the state senate (essentially an honorary position, but he/she can cast a tie-breaking vote on senate legislation). Technically speaking, the lieutenant governor assumes the powers of the governorship when the governor is out of the state, but by informal agreement, the lieutenant governor performs only perfunctory duties in such instances.
LEGISLATIVE BRANCH
The California State Legislature is very nearly a full-time body consisting of 40 members of the California State Senate (the "upper house") and 80 members of the California State Assembly (the "lower house"). These men and women hold the principal lawmaking powers of the state. Members of both houses can introduce bills; a bill needs to pass both houses and receive the governor's signature to become law.
Members are elected from districts apportioned on the basis of population. Due to term limits enacted in 1990, state senators serve a maximum of two four-year terms; assembly members serve, at most, three two-year terms.
The President pro tempore of the State Senate is responsible for administration of the Senate (whereas the president of the Senate, the lieutenant governor, has very few, if any, administrative responsibilities). Meanwhile, the Speaker of the State Assembly has quite substantial powers and responsibilities.
Committees play key roles in the legislative process. Among the Senate's committees are Appropriations; Budget and Fiscal Review; and Education. Among the Assembly's committees are Appropriations; Budget; Health; and Transportation.
JUDICIAL BRANCH
California's judicial system interprets the laws of the state, settles disputes, determines guilt and innocence, and protects rights. This branch of California's government consists of four sub-branches: state courts, branch agencies, the State Bar of California, and the administrative and policy group. The Chief Justice of California is the head of the judicial branch, which has more than 2,000 judicial officers and 21,000 court employees.
Branch agencies of the California Judicial Branch are the Commission on Judicial Appointments, the Commission on Judicial Performance, and the Habeas Corpus Resource Center.
The State Bar of California, created by the state in 1927, currently counts more than 150,000 attorneys in its membership, all of the lawyers licensed to practice in the state. Indeed, the state bar describes itself as the "gatekeeper to the [legal] profession" in California. The state bar typically certifies more than 5,000 applicants annually as eligible for admission to practice law in the state. The state bar notes a "justice gap" in California and states that two of three low-income clients with meritorious cases are turned away for lack of lawyers.
The administrative and policy group of the California Judicial Branch includes the Judicial Council of California.
The state court system is three-tiered, consisting of the superior courts, the courts of appeal, and the supreme court.
Superior Court
The superior court system is the judicial tier closest to the population. Most court cases in the state originate here. One court is situated in each of the state's 58 counties; the system counts more than 450 offices statewide. Superior courts are sometimes referred to as "trial courts."
Proposition 220, in 1998, permitted judges in each county to merge their superior and municipal courts into a single superior court; all of the state's 58 counties have chosen this path. Superior courts preside over criminal cases, including felonies, misdemeanors, and traffic, and over family law, probate, juvenile, and civil matters.
Selection for a superior court judgeship can be somewhat complicated. It can involve either appointment by the governor or election by the voters, depending on when a vacancy occurs. If it is an appointment, the Commission on Judicial Nominees Evaluation conducts review. All superior court judges stand for re-election every six years. Qualifications for a judgeship are the same as for the supreme court: To be considered for appointment, a person must be a California-licensed attorney or have served as a judge of a court in the state for 10 years preceding appointment.
Courts of Appeal
The courts of appeal are housed in six districts statewide. Most of the cases in this sector involve appeals of superior court decisions (see next item). In common with the state supreme court (see preceding item), justices are selected by the governor and confirmed by the Commission on Judicial Appointments, after which their selection is put up for ratification by the voters. Three-judge panels decide cases. Eligibility requirements are the same as for the supreme court.
Supreme Court
The Supreme Court of California is the state's highest court; its decisions are binding on all state courts. It has seven members appointed by the governor and confirmed through a complex process: first, by a Commission on Judicial Appointments; second, by the voters at the next general election; and third, by voters after a 12-year term. To be considered for appointment, a person must be a California-licensed attorney or have served as a judge of a court in the state for 10 years preceding appointment.
LOCALITIES
California has 58 counties, 458 cities, and 22 towns. The terms "city" and "town" are legally interchangeable.
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