California Article XVIII: Amending and revising the Constitution
On this page (8 sections)
Article XVIII says how the California Constitution changes. Voters can amend it by initiative; a revision of its basic plan has to come from the Legislature or a convention.
Key takeaways
- The Legislature can propose an amendment or revision by two-thirds of each house (§1).
- Voters can call a convention to revise it (§2).
- "The electors may amend the Constitution by initiative" (§3). An initiative can amend, not revise.
- Every change needs a majority of voters (§4). The U.S. Constitution needs three-fourths of the states.
Section 1: Legislative proposals
The Legislature by rollcall vote entered in the journal, two-thirds of the membership of each house concurring, may propose an amendment or revision of the Constitution and in the same manner may amend or withdraw its proposal. Each amendment shall be so prepared and submitted that it can be voted on separately. [New section adopted November 3, 1970.]
Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1
Section 2: Constitutional convention
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 * New Article XVIII adopted November 3, 1970.
voters elected from districts as nearly equal in population as may be practicable. [New section adopted November 3, 1970.]
Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1
Section 3: Initiative
The electors may amend the Constitution by initiative. [New section adopted November 3, 1970.]
Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1
Section 4: Vote and effective date
A proposed amendment or revision shall be submitted to the electors and, if approved by a majority of votes cast thereon, takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail. [As amended June 5, 2018.]
Source: California Constitution as published by the California State Senate (current through November 5, 2024) Verified1
Amendment vs. revision
Only §1 and §2 mention "revision" Verified1. So courts must decide whether an initiative is a permissible amendment or a revision voters can't make by initiative.
- Amador Valley (1978): Proposition 13 "fairly may be deemed a constitutional amendment, not a revision" (Amador Valley Joint Union High Sch. Dist. v. State Bd. of Equalization (1978) 22 Cal.3d 208) Verified2.
- Raven v. Deukmejian (1990): part of Proposition 115, which required state criminal-defendant rights to be construed consistently with federal law, was struck as a revision (Raven v. Deukmejian (1990) 52 Cal.3d 336) Verified3. See Article I, §24.
- Strauss v. Horton (2009): Proposition 8 was upheld as an amendment (Strauss v. Horton (2009) 46 Cal.4th 364) Verified4. It's no longer operative; §7.5 was replaced on November 5, 2024 Verified1.
In Williams
Williams has no charter to amend. Changes to the city's structure come from the Legislature or from adopting a charter under Article XI, §3 Verified1. See Article XI.
Check yourself
Pick an answer for each question. You will see right away if it is right, and why.
Show the answer and why
No. §3 lets electors "amend" by initiative; revisions come through the Legislature (§1) or a convention (§2) Verified1.
Show the answer and why
Two-thirds of the membership of each house (§1) Verified1.
Show the answer and why
On the fifth day after the Secretary of State files the statement of the vote, unless it provides otherwise (§4) Verified1.
Show the answer and why
The right order:
- Two-thirds of each house votes to propose it
- It is submitted to the voters
- A majority of votes cast approves it
- It takes effect on the fifth day after the Secretary of State files the statement of the vote
The Legislature proposes by two-thirds of each house. Every change needs a majority of voters, and it takes effect on the fifth day after the Secretary of State files the statement of the vote (unless it says otherwise).
From this lesson: “- The Legislature can propose an amendment or revision by two-thirds of each house (§1).”
Sources cited on this page
- Constitutions of California and the United States, 2025-26 edition (PDF) California Constitution as last amended November 5, 2024. ↗
- Amador Valley Joint Union High Sch. Dist. v. State Bd. of Equalization (1978) 22 Cal.3d 208 Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗
- Raven v. Deukmejian (1990) 52 Cal.3d 336 Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗
- Strauss v. Horton (2009) 46 Cal.4th 364 Full opinion text read in the Caselaw Access Project copy. Quotes on this site were machine-checked against that text. ↗
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