2.5: Summary- Making Sense of California Constitutional History

Returning to the Question of Who Really Rules

As the founding document of California, the Constitution of 1849 established the state's territory, government, and a set of rights for its citizens. Its origins lie at a time when the oppression of Native Americans was severe, and although California was nominally a free state, slavery and indentured servitude were still present. The Constitution of 1879 created a new constitution during an era of populist revolt against business monopolies. This Constitution also reflects the social context of the time with its prejudices against nonwhite Californians and other ethnic groups, as well as the prevailing sexism of the late nineteenth century. It utterly failed in its efforts to limit the power of monopolies. It would take the Progressive reforms of 1911 to tackle the goals set out some thirty years earlier. California continues to use direct democracy to channel new social demands into law. Formally, the trend of constitutional reform has been from a representative form of government to a hybrid form that includes both representative and direct forms of democracy.

There are several dynamics regarding the question of who really rules California. Recall the debate is among those who say that we have an elite running the state versus those who argue that the people govern democratically, with a middle position occupied by pluralists who emphasize the role of groups. An alternative argument is that all three dynamics are at work, with their relative influence varying with the times. Considering California's historical development, a rather exclusive elite wrote the Constitution of 1849, but then it was ratified by the public, although suffrage was not universal. The dominance of railroad interests in state politics also reinforces the elitist view of who rules.

On the other hand, as the state has grown, large social movements have significantly changed state politics. Dennis Kearney's Workingmen's Party in the 1870s, the Progressive Party in the early 1900s, and the suffrage movement show the influence of ordinary people. Pluralism matters in state politics, with the efforts of groups often ratified by the people through initiatives and referenda, illustrating the crucial role of majority rule. Hence, the impact of all three dynamics is evident.

For Further Inquiry

1. The story of Biddy Mason is fascinating. In the last few years, there has been a revival of attention about her life. A memorial park in her honor presents her biography. . Research her history and the history of African Americans in the Los Angeles area in the late nineteenth century. What have you learned?
2. Locate a copy of the California Constitution and compare its Declaration of Rights to the US Bill of Rights. What do you notice? What explains the difference? Which do you prefer and why?
3. Four generations ago, women fought for the right to vote. Go to this online photography exhibit of the movement's history. What do you notice? How are there similarities with the civil rights movements of today?