California Government

California Government Overview

Revision History of the Manual

  • Copyright 1941 by The American Legion, Department of California.
  • Revised 1968 by John F. Hopkins and Robert C. Lutz.
  • Revised 1971 by Jean Morony.
  • Revised 1999 by Stanley L. Dunn, Hon. Robert C. Lutz, and William A. Smelko.
  • Revised 2000, 2005 by William A. Smelko.
  • Revised 2008 by William A. Smelko, Gerald Richards, Esquire, and Dale Major, William A. Smelko III
  • Revised 2012 by William A. Smelko, William A. Smelko III.
  • Revised 2018, 2019, 2021, 2022, 2023, 2024 by Dale Major.

Part I: Introduction to State & Local Government

I. Formation
  • California's government history is unique because it was never a territory.
    • Usually, land annexed to the U.S. goes through a territorial government phase before statehood.
  • A. Treaty Government
    • California transitioned directly from treaty government to statehood.
    • In 1848, acquired from Mexico via the Treaty of Guadalupe Hidalgo (Treaty of Queretaro).
    • The U.S. established a military government under Brigadier General Riley, with its seat in Monterey.
  • B. Statehood
    • In fall 1849, a Constitutional Convention in Monterey drafted a Constitution for popular approval.
    • It was approved by the people, then the U.S. Congress.
    • On September 9, 1850, California became a state.
  • C. Capitol
    • First capitol: San Jose.
    • Moved to Vallejo, then Benicia, and finally Sacramento via legislative action.
    • Currently, only the People can move the state capitol.
    • Article XX, Section 1 amended in 1970, designating Sacramento as the capital of California.
II. The State Constitution: Amendments & Revisions
  • The 1849 Constitution's inadequacies led to a new Constitution in 1879.
  • The revised Preamble: "We, the People of the state of California…do establish this Constitution."
  • The California Constitution can be amended or revised.
  • A. Amendments
    • 1. By the Legislature
      • Proposed by either house (Assembly or Senate).
      • Requires a 2/3 vote in each house.
      • Submitted to state electors for approval by a majority vote.
    • 2. By the People
      • Electors can amend the Constitution by initiative.
  • B. Revisions
    • 1. By the Legislature
      • Proposed by the legislature and acted upon by the people like amendments.
    • 2. By Constitutional Convention
      • Proposed by 2/3 vote of both houses.
      • Submitted to electorate at a general election.
      • If approved, the legislature provides for the convention within six months.
      • Delegates elected by voters from districts with nearly equal population.
      • Revised constitution submitted to electors.
      • If approved by a majority vote, it takes effect the day after the election unless otherwise specified.
III. The Federal System & Legislature
  • A. Federal Legislators
    • California represented in U.S. Congress by Senators and Representatives.
  • B. Selection-Tenure
    • Congressional delegation is elected by the people.
    • Two Senators elected statewide, serve six-year terms.
    • Representatives selected from congressional districts based on population, serve two-year terms.
    • As of 2020, California had 53 representatives; in 2022, it lost one seat, resulting in 52 representatives.
    • Population changes, based on the federal census every decade, determine the number of representatives.
    • 1. Qualifications
      • Senator: At least 30 years old, U.S. citizen for at least nine years, and a California resident.
      • Representative: At least 25 years old, U.S. citizen for at least seven years, and a California resident.
    • 2. Vacancies
      • a. Senator
        • Filled at the next State election, with interim appointment by the Governor.
      • b. Representative
        • Filled by a special election called by the Governor; otherwise, the office remains vacant until the next general election.
IV. City-County-State Government – An Overview
  • State executive, legislative, and judicial offices serve Californians as part of the U.S.
  • Under the Tenth Amendment, powers not delegated to the federal government are reserved to the states.
  • The California Constitution structures the government into executive, legislative, and executive departments.
  • These operate under the Elections Code, Government Code, and other statutory directives.
  • Besides cities, counties, and state government, regional organizations and special focus agencies also exist.
  • Regional organizations improve cooperation among local governments.
  • Special focus agencies and districts provide expertise in monitoring and facilitating services.
    • Examples: school, fire protection, water, and hospital districts; they exercise governmental and regulatory powers.
  • Victim rights are highlighted in an extended section in Article I, Section 28, of the State Constitution.

Part II: City Government

I. Incorporation
  • All Californians are residents of a County; however, they may not be residents of a city.
  • Those in unincorporated areas follow State and County laws, and ordinances.
  • City or municipal governments serve as the primary point of contact with government for most Californians.
  • Cities can pre-date California’s statehood.
  • New cities are created, and existing cities’ reach expands/contracts via incorporation.
  • A. Procedure for Incorporation: The Local Agency Formation Commission (“LAFCO”)
    • 1. California law has a LAFCO in each county, outlining powers, duties, etc.
    • LAFCOs approve/disapprove consolidation proposals, including city formation (incorporations/annexations) and special districts.
    • 2. LAFCOs regulate boundary changes, proposed by public agencies/individuals, through approval/denial.
    • LAFCOs can't initiate changes themselves, except for dissolving/consolidating special districts and merging subsidiary districts.
    • They review proposals for new agencies and changes in existing agencies, working with nearly 4,000 governmental agencies.
    • They consider effects on agriculture/urban sprawl and conduct "Spheres of Influence" studies for efficient service boundaries.
    • 3. LAFCOs usually have two County Supervisors, two City Council representatives, and one public member.
    • Members serve four-year terms.
    • Some counties have special legislation for commission composition, including a seat for a major city representative.
    • 4. LAFCOs may approve incorporation, un-incorporation, or annexation without an election if less than 25% of eligible voters protest after legal notices/hearings.
    • For consolidations, only 20% of eligible voters must protest for an election to be required.
    • For annexation proposed by individuals, at least 5% of eligible voters must protest to avoid an election.
    • 5. If an election is required for incorporation, the ballot includes "For Incorporation" or "Against Incorporation."
    • Elections may also consider the name of the city and whether there will be a city manager government.
  • B. Classification of Cities
    • Cities classified as