Question

chapter 3 - lesson 4
state constitution of california
directions: read the excerpt from the state constitution of california. then answer the questions that follow.
explore the context: ratified in 1849, the state constitution of california defines the structure of californias state government. adopted a year before california formally became a state, the state constitution is known for its length and relative ease of modification. amendments can be proposed by members of the legislature, the governor, or citizens. while reading this excerpt, compare the similarities and differences between californias constitution and the u.s. constitution as well as how the document has been changed since its adoption.
primary source: state constitution
\preamble
we, the people of california, grateful to almighty god for our freedom, in order to secure its blessings, do establish this constitution.
article i
declaration of rights
sec. 1 - all men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property; and pursuing and obtaining safety and happiness.
sec. 2 - all political power is inherent in the people. government is instituted for the protection, security, and benefit of the people, and they have the right to alter or reform the same, whenever the public good may require it.
sec. 21 - this enumeration of rights shall not be construed to impair or deny others retained by the people.
article iii
distribution of powers
the powers of the government of the state of california shall be divided into three separate departments: the legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
article iv
legislative department
sec. 26 - no divorce shall be granted...\

• constitution of the state of california (1849)

1a contrasting how does the preamble of the california state constitution differ from the preamble to the u.s. constitution in length?
1b identifying effects what is one possible reason for that difference between the two documents?
2a analyzing information what is the purpose of article i, sec. 21?
2b comparing which u.s. constitutional amendment is sec. 21 similar to?
3 summarizing explain the distribution of power in california state government.
4 inferring it is now legal to get a divorce in california. how does this change reflect the flexibility of state and local governments to meet the needs of citizens?

Explanation:

1A. The Preamble of the California State Constitution is generally longer as it may have more detailed introductory statements about the state - its people, values, and reasons for establishing the constitution compared to the more concise U.S. Constitution Preamble which outlines broad national goals.
1B. One possible reason for the length difference could be that the California State Constitution was written to address more state - specific concerns and values, and to provide a more detailed foundation for state governance compared to the general principles set by the U.S. Constitution Preamble.
2A. Article I, Sec. 21 in the California Constitution is meant to ensure that the enumeration of certain rights does not take away other rights that the people retain. It serves as a safeguard for the unlisted rights of the people.
2B. Section 21 is similar to the Ninth Amendment of the U.S. Constitution which also states that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people.

1. The power in the California state government is divided into three separate departments: the Legislative (which makes laws), the Executive (which enforces laws), and the Judicial (which interprets laws), following the principle of separation of powers to prevent any one branch from having too much power.
2. The legalization of divorce in California reflects the flexibility of state and local governments as they can adapt their laws to changing social values and the needs of citizens. As societal views on marriage and family change, the state can modify its laws to better serve the interests of its population.

Answer:

1A. The California State Constitution Preamble is generally longer.
1B. California's constitution addresses state - specific concerns in more detail.
2A. To safeguard unlisted rights of the people.
2B. Ninth Amendment.

1. Divided into Legislative, Executive, and Judicial branches.
2. It shows the ability to adapt laws to changing social values and citizen needs.