Comprehensive Study Notes on the Formation and Structure of California State and Local Government

Formation of California Government

The history of California Government is regarded as unique among the $50$ States of the United States because California was never designated as a territory.
Historically, when land was annexed to the United States, a territorial government was typically established for that specific area as a step preparatory to achieving Statehood.
California entered the Union through a different trajectory known as Treaty Government. It transitioned directly from a treaty government into the Union as a State.
In $1848$ , the United States acquired California from Mexico pursuant to the provisions of the Treaty of Guadalupe Hidalgo, which is also formally recognized as the Treaty of Queretaro.
Following this acquisition, the United States established a military government in California.
This military government was under the supervision of Brigadier General Riley.
The seat of the military government was located at Monterey.
In the fall of $1849$ , a Constitutional convention was convened at Monterey. The purpose of this convention was to draft and adopt a Constitution to be submitted to and approved by the people.
Once the Constitution was drafted and adopted at Monterey, it was forwarded to Washington, D.C., where it received approval from the U.S. Congress.
On September $9, 1850$ , California was officially admitted as a State into the Federal Union.
The history of the Capitol of California involved several locations:
- The first Capitol was located at San Jose.
- By legislative enactment, the Capitol was subsequently moved to Vallejo.
- It was then moved to Benicia.
- Finally, it was moved to Sacramento.
Today, the State Legislature no longer possesses the power to move the seat of the state government at its own discretion.
The right to change the location of the capital now rests exclusively with the People of the state.
On November $3, 1970$ , Article XX section $1$ of the state Constitution was amended to explicitly state: "Sacramento is the capital of California."

The State Constitution: Amendments and Revisions

The original $1849$ Constitution suffered from inadequacies and shortcomings. These issues, combined with changing social, economic, and political conditions, led to the adoption of a new Constitution in $1879$ .
The $1879$ Constitution, as amended, serves as the organic law of California today.
The Preamble of the California Constitution reads as follows: "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."
The California Constitution consists of thirty-five sections and includes hundreds of amendments. It is not a static document; it evolves as the needs of the citizenry become more complex and undergo change.
The California Constitution can be modified through two primary methods: Amendments and Revisions.
Amendments by the Legislature:
- An amendment may be proposed by either house of the State legislature (the Assembly and the Senate).
- If the proposed amendment is agreed upon by a $\frac{2}{3}$ rds vote in each house, it is submitted directly to the electors of the State.
- For the amendment to be ratified and approved, it requires a majority vote of the people ( $>50\%$ ).
Amendments by the People:
- The electors of the state may amend the Constitution directly through the initiative process.
Revisions by the Legislature:
- Revisions to the Constitution may be proposed by the legislature.
- These are acted upon by the people in the same manner as amendments (requiring a majority vote for approval).
Revisions by Constitutional Convention:
- A constitutional convention for the purpose of revision may be proposed by a $\frac{2}{3}$ rds vote of both houses of the legislature.
- This proposal is then submitted to the electorate of the State at a general election.
- If the proposal is approved by a majority vote, the legislature must provide for the convention within $6$ months.
- Delegates to the constitutional convention are elected by the voters from districts that are as nearly equal in population as practicable.
- Any revised constitution resulting from the convention must be submitted to the electors of the State.
- If approved by a majority vote of the people, the revised constitution takes effect the day after the election, unless the measure explicitly provides a different effective date.

The Federal System and Legislature

California participates in the National Government as a separate component part of the United States of America.
California is officially represented in the Congress of the United States by two types of legislators: Senators and Representatives.
Selection and Tenure:
- California’s Congressional delegation is elected by the people.
- Two Senators are elected from the state at large.
- Representatives are selected from congressional districts which are established based on population.
- The two Senators each serve a term of $6$ years.
- As of $2020$ , California elected $53$ representatives to serve $2$ -year terms.
- In $2022$ , for the first time ever, California was slated to lose one seat, resulting in a total of $52$ representatives.
- The baseline for the number of representatives is the federal census, which occurs every decade ( $10$ years). Population changes recorded in the census determine whether the number of California representatives increases or decreases.
Qualifications for US Senator:
- At least $30$ years of age.
- A citizen of the United States for at least $9$ years prior to the election.
- A resident of California.
Qualifications for US Representative:
- At least $25$ years of age.
- A citizen of the United States for at least $7$ years prior to the election.
- A resident of California.
Filling Vacancies:
- Senator: Any vacancy for a United States Senator must be filled at the next State election. Until that election occurs, the office is filled by an appointment made by the Governor.
- Representative: Any vacancy in a congressional district may be filled by a special election called by the Governor. If no special election is called, the office remains vacant until the next general election.

City, County, and State Government: An Overview

Various state executive, legislative, and judicial offices serve the people of California.
Under the American system of government, the state is considered sovereign and supreme, yet it remains part of a collective group of independent States.
The Tenth Amendment to the United States Constitution dictates that certain powers are delegated to the federal government. All powers not delegated to the national government, nor prohibited to the states by the federal constitution, are reserved to the states.
States are governed under their own respective state constitutions.
The structure of the California government includes executive, legislative, and judicial departments, organized through the California Constitution and enactments by the people and the Legislature.
These entities operate under various statutory directives, including the Elections Code and the Government Code.
Sub-parts of the government, including city, county, and state governments, act as stewards of the public’s trust.
In addition to standard city, county, and state levels, there are regional organizations and special focus agencies:
- Regional Organizations: These are primarily concerned with improving cooperation and coordination among local governments.
- Special Focus Agencies and Districts: These entities work somewhat independently from various state and local government departments. They provide specialized expertise in monitoring and facilitating the administration of services.
- Examples of Special Focus Entities: These include school districts, fire protection districts, water districts, and hospital districts. These public bodies possess and exercise both governmental and regulatory powers.
Victim Rights:
- Victim rights are deemed so significant in California that an extended section regarding them has been added to the State Constitution under Article I, Section $28$ .