2.1: Introduction

 

Figure \(\PageIndex{1}\): A photo of the original California Constitution from 1849 (public domain; Zscout370 via Wikimedia)

Learning Objectives

• To describe how the Constitution of 1849 established the basic framework for state government.
• To analyze the impact of the Constitution of 1849 and the political events of this era on Native Americans and African Americans.
• To examine how the events of the 1870s, in particular, increasing prejudice against Chinese Americans, led to the replacement of the Constitution of 1849 with the Constitution of 1879.
• To analyze the political reforms of the Progressive Era in California, including the fight for women’s suffrage.
• To evaluate California’s constitutional history with regard to the question of who rules.

Introduction

Novelist William Faulkner wrote, “The past is not dead. It’s not even past.” The choices that we make today are framed and constrained by the past. Just as we better understand ourselves by learning about family history, we better understand California politics by studying its history. Let us focus on California’s constitutional development in this chapter.

A constitution is an act of political creation. People join together in a social contract to create a political community. A constitution establishes the organization of government, its powers, and the rights and responsibilities of the people. It provides the foundational answers to such questions as who should rule and what political values should be promoted. Using the standards for democracy asserted by Abraham Lincoln in the Gettysburg Address in 1863, do we actually have a “government of the people, by the people, and for the people?” Or do we invite some, but not all, to the political table? Our study of California constitutional development examines how the 1849 and 1879 Constitutions and the Progressive reforms following the 1910 elections shape our institutions and policies.

Figure \(\PageIndex{2}\): Abraham Lincoln (public domain; FMSky via Wikimedia)

The timeline (Figure 2.1.3) shows the critical shifts in California’s constitutional development in the modern era, beginning with thousands of years of Native American history followed by the comparatively brief Spanish and Mexican periods. In 1769, the first Catholic mission in California was established in San Diego. Only two generations later, in 1821, Mexico achieved independence, but its control of California was short-lived. After the Mexican-American War, American control of California began with US occupation in 1846. The origins of today’s political system started with the state of California’s first Constitution, the Constitution of 1849. This Constitution created California as a distinct political community within the United States. Thirty years later, discontent with political corruption and anti-Chinese prejudice led to the Constitution of 1879, our current governing law. Then, a generation later, further dissatisfaction with corruption led to the election of Governor Hiram Johnson followed by the  Progressive reforms of 1911, adding direct democracy to our representative system. These three constitutional developments shape California’s government and politics. Let us examine each one.

Figure \(\PageIndex{3}\): Timeline of Constitutional Change (CC BY 4.0; Alexa Johnson)