California Government – Part I
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Why is California Unique?
Demographics
Constitutional Structure
Elections
California Legislature
Demographics
People (2006)
California
USA
Population
Black persons
American Native persons
Asian persons
Hawaiian & Pacific Islander
Multiracial (self reported)
Hispanic or Latino persons
White non-Hispanic persons
36,457,549
6.70%
1.20%
12.40%
0.40%
2.40%
35.90%
43.10%
299,398,484
12.80%
1.00%
4.40%
0.20%
1.60%
14.80%
66.40%
People (2006)
California
USA
Foreign born persons
Other than English at home
Homeownership rate
Multi-unit housing structures
Median housing cost (2000)
Persons per square mile
26.20%
39.50%
56.90%
31.40%
$211,500
217.2
11.10%
17.90%
66.20%
26.40%
$119,600
79.6
Political Culture
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The percentage of people who choose to vote by mail
(absentee ballots) in California has more than doubled in the
past ten years.
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In California, 42 percent of ballots cast for the 2006 election (a
total of 3.7 million) were mailed in. By contrast, in the 1996
election, 20 percent of ballots were mailed in.
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Some voting statistics
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70 percent of California’s eligible voting population was
registered as of September 2008.
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Party Affiliations:
33 percent of registered voters are Republican.
44 percent are registered Democrats.
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California first recorded party affiliations in 1922. At that time,
registered Republicans outnumbered registered Democrats 3 to 1.
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In 1934, the number of registered Democrats outnumbered
registered Republicans for the first time. Since then, there have been
more registered Democrats than Republicans.
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Unaffiliated voters:
20 percent of registered voters are unaffiliated.
Since 1992, % of unaffiliated registered voters has doubled.
San Francisco has highest number of unaffiliated voters: 29%.
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Although there are more total registered Democrats in the state,
more counties have registered Republican majorities.
The number of counties with registered Republican majorities
have increased from 14 to 33 between 1992 and 2008.
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Turnout: in the 2008 Presidential Election, 73.3% of Californians
registered to vote turned out to vote. Compare this to the national
turnout rate of 61.7%.
The California Constitution
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The California Constitution is a long document establishing
rules and processes in much greater detail than the US
Constitution.
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Where the US Constitution has about 8000 words, California's
Constitution is close to 40,000 words about 110 pages). Before
substantial revisions between 1962 and 1974, the state
Consitution was as large as 75,000 words (almost 200 pages).
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The California Constitution is a function of Progressive Era
reforms.
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The Progressive Movement (1890s-1920s) emerged as a
response to governmental corruption at the state level. In
California the railroads were the dominant political actors -causing distrust of elected officials. The Progressive reforms to
the state constitution minimized office holder discretion and
allowed citizens direct access to creating state laws and even
amending the state constitution.
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Between 1911 and 1986 the const was amended over 500
times
Direct Democracy
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The Constitution allows three types of Direct Democracy –
The Initiative
The Recall
The Referendum
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The Initiative
Anyone can put a proposed law or constitutional
amendment directly to a vote of the people.
To do so requires that the proponent collect signatures of
valid registered voters in the state
For a simple law, petitions must equal 5% of the number of
voters in the last gubernatorial election. For a
Constitutional Amendment signatures must equal 8%.
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The Recall
Allows voters to remove an elected official from office
before term ends. For statewide officers (e.g., Governor)
petitioners must present signatures equaling 12% of last
gubernatorial election with signatures from at least five
counties. For Legislators and Judges must equal 20%
E.g., Chief Justice Rose Bird – 1st woman on the CA
Supreme Court, and 1st female chief justice. Recalled in
1986 as a result of her opposition to the death penalty.
E.g., Governor Gray Davis recalled in 2003 due to state $$$.
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The Referendum
Allows voters to approve or reject statutes or amendments
passed by the state legislature. Requires signatures
equaling 5% of prior gubernatorial election.
Infrequently used – only 8 between 1970-2008.
Amendment vs. Revision
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The state Constitution can be amended by a simple majority
vote through the initiative process. Constitutional amendments
are changes to one or more provisions of the document.
Amendments are limited to non-substantial changes.
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Substantial changes require a Constitutional Revision – which
requires a two-thirds majority vote of both Houses of the
Legislature and a majority vote of the people.
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As reiterated in 1978, the court held that a revision referred to a
“substantial alteration of the entire constitution, rather than to a
less extensive change in one or more of its provisions."
The California Legislature
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Assembly
80 members – serve a two years
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Senate
40 members – serve a four year term
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Term Limits (Proposition 140, 1990)
Assembly limited to 3 two year terms;
Senate limited to 2 four year terms;
California Government – Part II
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California’s Plural Executive
The California Judiciary
The Budget Process
California’s Plural Executive
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Unlike the Federal Government, California’s
Executive Branch is headed by seven
independently elected Executives.
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Only Maine, New Hampshire, New Jersey
have unitary executives.
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The Governor
The Lt. Governor
The Attorney General
The State Controller
The State Treasurer
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The Secretary of State
The Insurance Commissioner
State Superintendent of Public Instruction
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And, the State Board of Equalization
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Governor Arnold Schwarzenegger (R)
Lt. Governor John Garamendi (D)
Attorney General Jerry Brown (D)
Secretary of State Debra Bowen (D)
Controller John Chiang (D)
Treasurer Bill Lockyer (D)
Insurance Commissioner Steve Poizner (R)
Superintendent of Public Instruction Jack O'Connell (D)
Board of Equalization
1st Betty T. Yee (D)
2nd Bill Leonard (R)
3rd Michelle Steel (R)
4th Judy May Chu (D)
Governor
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Executive Powers
– Commander-in-chief (California National Guard)
– Law Enforcement
– Executive Clemency
– Extradition
Appointment Powers
– Administrative
– Commissioners
– Judicial
– Political
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Legislative Powers
– State of the State Address
– Special Sessions of the Legislature Vetoes
 General veto
 Item vetoes
Financial Powers
– Submits state budget
– Limits on the Governors' discretion
 Federal Grants and Mandates
 Entitlements
 Earmarking
Lt. Governor
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Acting Governor
Presides over State Senate
Serves on State Lands Commission, UC Regents, CSU Board
of Trustees
Attorney General
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Chief Counsel and Prosecutor for state
Ultimate authority over local law enforcement
issues binding "advisory opinions" on constitutional issues
before Supreme Court Acts
provides summaries and titles for state ballot measures
(initiatives)
Serves on Commission on Judicial Appointments
Controller
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Responsible for state Fiscal control, tax administration, local
fiscal matters, and administration
member of State Lands Commission, Franchise Tax Board, and
Board of Equalization
Treasurer
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collects, deposits state funds, and sells bonds
Secretary of State
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Manages state elections
Chief state record keeper
Superintendent of Public Instruction
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Nonpartisan election and head of Department of Education
Controls, with Board of Education, which is appointed by
governor, one-third of all state expenditures
Sets policies for school districts, including textbook adoptions,
and child care centers, handicapped and disadvantaged
persons, and other programs
State Insurance Commissioner
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California's newest elected officer, created in 1988 by
Proposition 103
Responsible for regulating all insurance businesses in
California
Board of Equalization
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Four elected members representing districts of equal
populations:
Administers and collects state and local sales and use taxes;
and excise taxes (gasoline, alcohol, cigarettes)
Reviews county tax assessments and procedures; responsible
for maintaining equal assessment to market value ratios among
counties
Assesses the property of railroads and public utilities
Acts as the appellate body for the Franchise Tax Board
The California Judiciary
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The Judiciary’s role is to:
– give everyone fair access to the courts to solve legal
problems fairly and efficiently.
– decide justly the guilt or innocence of anyone charged with
a crime, and
– interpret the laws and protect the rights and liberties
guaranteed by the Constitutions of California and the United
States.
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In California, the courts are divided into two systems: federal
and state. This section tells you about the state courts in
California.
California has two types of state courts:
– Trial Courts
– Appellate Courts
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Trial Courts
Trial Courts are also called "Superior Courts." There are 58
Trial Courts--one in each county.
In the Trial Courts, a judge, and sometimes a jury, hears
testimony and evidence and decides a case by applying the law
to the facts of the case.
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Superior Courts handle:
– All criminal cases (felonies, misdemeanors, and traffic
tickets)
– All civil cases (family law, probate, juvenile, and other civil
cases)
– Appeals of small claims cases and other civil cases worth
$25,000 or less
– Appeals of misdemeanor cases
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Appellate Courts
There are two types of Appellate Courts:
– Courts of Appeal
– California Supreme Court
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There are 6 Courts of Appeal and one California Supreme
Court.
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Courts of Appeal
The Courts of Appeal are California's intermediate courts of
review. District headquarters for the Courts of Appeal are
located in:
First District:
San Francisco
Second District: Los Angeles
Third District: Sacramento
Fourth District: San Diego (Division One)
Fifth District:
Fresno
Sixth District: San Jose
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The role of the Courts of Appeal is not to give new trials, but to
review the Superior Court record (court files and transcripts) to
decide if legal errors were made. The Courts of Appeal cannot
review death penalty cases.
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A panel of three justices decides appeals from Superior Courts.
The Courts of Appeal can agree with the decision of the Trial
Court, agree in part and disagree in part, or disagree and
reverse the Trial judge's decision. The Courts’ opinions are
public and are posted on the Supreme Court's website
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California Supreme Court
The Supreme Court is the state's highest court. It can review
cases decided by the Courts of Appeal.
Death penalty appeals and Disciplinary cases involving judges
or lawyers go directly to the state supreme court.
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The Court conducts regular sessions in San Francisco, Los
Angeles, and Sacramento. There are 7 justices on the
Supreme Court, and at least 4 must agree on the final decision.
Judicial Appointments
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Judges are appointed by the Governor then confirmed by the
voters at the next general election. After the end of their 12year term, they must be confirmed by the voters again.
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To be eligible for appointment potential judges must have
passed the California Bar Examination or have served as a
judge of a court of record in California for 10 years before their
appointment.
California Budget Process
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JULY 9 - SEPTEMBER 15
Department directors and agency heads
initiate detailed reviews and proposal
development to arrive at specific requests for
each program. These requests are then sent
to the Department of Finance for review.
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OCTOBER - JANUARY 10
The governor evaluates the requests as
reviewed by the Department of Finance and
sends his or her proposed budget to the
Legislature.
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JANUARY – FEBRUARY
The budget proposal is introduced in both the
Assembly and the Senate as identical budget
bills. The Legislative Analyst prepares an
extensive analysis of the budget bill which
becomes the starting point for budget
subcommittee hearings in the Senate and
Assembly.
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MARCH – APRIL
The budget bills are sent from each house to
their respective budget committees. The bills
are then broken down by subject and
assigned to the appropriate subcommittees
by subject areas. After completion of the
hearings, each subcommittee votes and then
sends its report to the full budget committee.
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LATE APRIL - JUNE 15 (The May Revise)
The budget committee of each house
considers the subcommittees’ reports and
sends a revised budget bill to the floor for
evaluation by the full body. Each house
discusses and then votes on its version of
the budget bill.
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May Revise continued
The differences between the Assembly and
Senate versions of the budget bill are worked
out in a conference committee made up of
three members from each house. The
Senate and Assembly each vote on this final
version before it is sent to the governor.
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JUNE 15 - JULY 1
The governor receives the budget bill and
has until July 1, the start of the fiscal year, to
sign or veto the budget bill. The bill becomes
law as soon as it is signed by the governor
due to its status as an urgency measure.
Budget Impasse redux
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It’s been increasingly difficult to pass budgets
in California due to the 2/3 majority required
and the increasingly difficult equation of
increasing costs of services and reduced
revenues.
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2008 holds the record for budget tardiness –
85 days late (September 26, 2008)
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Last record – 61 days late (August 31, 2002).