The California Constitution: overview and course map

California's constitution is much longer than the federal one and much easier to change. Voters amend it by initiative, so it holds things the U.S. Constitution leaves to statute: water, taxes, utilities, alcohol, even stem cell research Verified1. Quotes in this course come from the State Senate's publication of the constitution Verified1. Read any article in full on our California Constitution pages.

California rights stand on their own

"Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution." (Art. I, §24) Verified1

The U.S. Supreme Court recognizes a State's "sovereign right to adopt in its own constitution individual liberties more expansive than those conferred by the Federal Constitution" (PruneYard Shopping Center v. Robins, 447 U.S. 74 (1980)) Verified2. In criminal cases, though, several rights "shall be construed by the courts of this State in a manner consistent with the Constitution of the United States" (§24) Verified1. Details: Article I, criminal justice.

Article I: the Declaration of Rights

Four lessons cover every section of Article I with full text:

1. Liberty, privacy and equality: §§1, 1.1, 5–11, 20–22, 31.
2. Speech, religion, petition and public records: §§2–4.
3. Criminal justice: §§12–18, 23–24, 27–30, 32.
4. Property, fishing and the section map: §§19, 25, 26.

Article II: the people's own power

"All political power is inherent in the people." (Art. II, §1) Verified1

Initiative, referendum and recall, plus how the Elections Code carries them into Williams: Article II lesson.

Recalling a city officer

"The Legislature shall provide for recall of local officers" (Art. II, §19) Verified1. Signature thresholds for Williams are in Elec. Code §11221 Verified3. See the recall table.

Article XI: what cities are and what they can do

"A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." (Art. XI, §7) Verified1

Williams "was made a General Law City on May 20, 1920" Verified4. See Article XI and state law and the city.

Articles XIII A, XIII C and XIII D: limits on taxes and fees

• XIII: the base tax rules.
• XIII A: the 1% cap, adopted June 6, 1978 Verified1.
• XIII B: spending limits and state mandates.
• XIII C: voter approval for local taxes, adopted November 5, 1996 Verified1.
• XIII D: assessments and water, sewer and trash fees Verified1.

Article XVIII: changing the constitution

"The electors may amend the Constitution by initiative" (§3) Verified1. Revisions need the Legislature or a convention: Article XVIII.

Article XX, §3: the oath every city employee takes

Every officer and employee of "every county, city, city and county, district, and authority" takes the oath Verified1. See Article XX.

Every article

Table source: Verified1

Lessons in article order

1. California Article I (part 1): Liberty, privacy and equality — Sections 1, 1.1, 5–11, 20–22 and 31: privacy, reproductive freedom, due process, equal protection, marriage, and the ban on race and sex preferences.
2. California Article I (part 2): Speech, petition, open government and religion — Sections 2, 3 and 4: a free speech right broader than the First Amendment, the constitutional right to open meetings and public records, and religious liberty.
3. California Article I (part 3): Criminal justice rights — Sections 12–18, 23, 24 and 27–30, 32: bail, searches, charging, trial rights, juries, fines, grand juries, victims' rights, and why state criminal rights mostly track federal ones.
4. California Article I (part 4): Property, fishing, and the full section map — Section 19 (taken or damaged, pay first, no eminent domain of homes for private use), §25 fishing, §26 mandatory provisions, and a map of every Article I section.
5. California Article II: Voting, initiative, referendum and recall — Who may vote, the secret ballot, top-two primaries, nonpartisan city offices, and the people's power to write, block and recall, statewide and in Williams.
6. California Article III: The State, separation of powers, and who may refuse a statute — California's own supremacy clause, its separation of powers, the rule that agencies can't declare statutes unconstitutional, suits against the State, and the official language.
7. California Article IV: The Legislature — Who makes state law, term limits, open sessions, how a bill becomes a statute, the budget, uniform general laws, no gifts of extra pay, and impeachment.
8. California Article V: The Executive — The Governor's power and two-term limit, appointments, pardons, succession, the other statewide officers, and the Attorney General's supervision of district attorneys and sheriffs.
9. California Article VI: The Judiciary — The three levels of state court, unified superior courts with appellate divisions, writs, the harmless-error rule, judicial elections and discipline, and where a Williams case goes.
10. California Article VII: Public officers and employees — The state civil service and merit system, its implied limit on private contracting, dual office-holding, bribery disqualification, and the campaign-libel rule that covers city office.
11. California Article XI: Local government, and why Williams can regulate at all — Counties and cities, charter vs. general law, the police power in §7 and its preemption limit, city utilities, no extra pay, no private control of city functions, and claims.
12. California Article XII: Public utilities — The Public Utilities Commission, what counts as a public utility, the Legislature's plenary power over the PUC, and the limit on city regulation of PUC matters.
13. California Article XVIII: Amending and revising the Constitution — Three ways to change the California Constitution, the difference between an amendment and a revision, and why voters can't revise it by initiative.
14. California Article XX: Miscellaneous, including the oath every city employee takes — The oath of office for all public officers and employees (and the part a court struck), homesteads, franchises, alcohol licensing, and term limits for constitutional officers.
15. California Article XIII: Taxation, the base rules — All property is taxable at a uniform percentage unless exempted, the long list of exemptions, assessment appeals, local tax protection from state raids, and pay-first-then-sue.
16. California Article XIII A: Proposition 13, the 1% cap and two-thirds votes — The 1% property tax cap, assessment at purchase value with at most 2% a year, two-thirds legislative votes for state tax increases, and two-thirds voter approval for local special taxes.
17. California Article XIII B: The spending limit and state mandates — Each government's appropriations limit, what counts as 'proceeds of taxes,' and the rule that the State must pay when it orders cities to do more.
18. California Article XIII C: Voter approval for local taxes (Proposition 218) — Every local tax is general (majority vote) or special (two-thirds); what counts as a 'tax' and its seven exceptions; the city's burden of proof; and the initiative to cut local taxes and fees.
19. California Article XIII D: Assessments and property-related fees (Proposition 218) — The four ways a local agency can charge a parcel, the ballot rules for assessments, the protest hearing and cost limits for water, sewer and trash charges, and who carries the burden in court.
20. California Article XVI: Public finance, debt limits, and no gifts of public money — State debt needs voter approval, no gifts of public money or credit, no aid to religious institutions, and the two-thirds vote cities need to borrow beyond a year's income.
21. California Articles IX, X, X A and X B: Education and water — The common-school system and no public money for sectarian schools; reasonable and beneficial use of water, public access to navigable waters, and the public trust.
22. California's other articles: labor, interest, transportation money, redistricting, housing, stem cells, and repealed articles — Section-by-section summaries of Articles XIV, XV, XIX–XIX D, XXI, XXII, XXXIV and XXXV, plus the list of repealed and renumbered articles.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.