State constitution
Constitution of California
Data from California Legislative Information
Full article structure with condensed section text. Article I (Declaration of Rights) is close to its principal section headings; ALL other articles are abbreviated to headline sections — the long Articles IV (Legislative), XIII (Taxation), and XVI (Public Finance) show only principal provisions. Repealed articles (VIII, XVII, XXIII-XXXIII) are omitted; surviving lettered articles (X A/B, XIII A-D, XIX A-D) and high-numbered Articles XXXIV-XXXV are included. Read the complete, every-section verbatim text at the source link.
Article Pr. Preamble
§ — Preamble
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.
Article I Declaration of Rights
§ 1 Inalienable rights; privacy
All people are by nature free and independent and have inalienable rights, including enjoying and defending life and liberty, acquiring and protecting property, pursuing safety, happiness, and privacy.
§ 2 Freedom of speech and press; newsperson's shield
Every person may freely speak, write, and publish, being responsible for the abuse of that right; a news reporter may not be adjudged in contempt for refusing to disclose a source.
§ 3 Right to petition and assemble; access to public records
The people have the right to instruct representatives, petition government, and assemble; the public has a broad right of access to the meetings and writings of public agencies (Sunshine), construed in favor of access.
§ 4 Free exercise of religion
The free exercise and enjoyment of religion without discrimination is guaranteed, and the State may not establish or give preference to any religion.
§ 5 Military subordinate to civil power
The military is subordinate to civil power, and a standing army may not be maintained in peacetime.
§ 6 Slavery and involuntary servitude prohibited
Slavery is prohibited, and involuntary servitude is prohibited except to punish crime.
§ 7 Due process and equal protection
A person may not be deprived of life, liberty, or property without due process or denied equal protection of the laws, subject to specified limits on school-assignment remedies.
§ 8 No disqualification from business or profession
A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin.
§ 9 Ex post facto laws; impairment of contracts
A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed.
§ 10 Witnesses
Witnesses may not be unreasonably detained, nor confined in any room where criminals are actually imprisoned.
§ 11 Habeas corpus
Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion.
§ 12 Bail; own recognizance
A person is bailable by sufficient sureties, except for specified capital and violent felony offenses, and may be released on their own recognizance in the court's discretion.
§ 13 Searches and seizures
The right to be secure against unreasonable searches and seizures is guaranteed, and warrants require probable cause supported by oath and a particular description.
§ 14 Felony prosecution; depositions
Felonies are prosecuted by indictment or, after examination and commitment by a magistrate, by information.
§ 15 Rights of the accused; due process; jeopardy
The accused has the right to a speedy public trial, to compel and confront witnesses, to counsel, and against self-incrimination and double jeopardy, and may not be deprived of liberty without due process.
§ 16 Trial by jury
Trial by jury is an inviolate right; in civil and misdemeanor cases a jury may be waived or number fewer than twelve as provided.
§ 17 Cruel or unusual punishment; excessive bail and fines
Cruel or unusual punishment may not be inflicted, nor excessive bail required or excessive fines imposed.
§ 18 Treason
Treason against the State consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, proved by two witnesses or confession in open court.
§ 19 Eminent domain
Private property may be taken or damaged for a public use only when just compensation has first been paid to the owner, and government may not take property to transfer to a private party except for stated public uses.
§ 20 Noncitizens' property rights
Noncitizens have the same property rights as citizens.
§ 21 Rights of not-married persons
Property rights of persons who are not married may not be denied or abridged by reason of marital status.
§ 22 Right to vote
The right to vote is protected, and residence and other voter qualifications may not be more restrictive than the Constitution allows.
§ 24 Independent state grounds
Rights guaranteed by this Constitution are not dependent on those in the federal Constitution, and the state courts may afford greater protection.
§ 25 Right to fish
The people have the right to fish on public lands and waters of the State, subject to reasonable regulation.
§ 26 Provisions mandatory
The provisions of this Constitution are mandatory and prohibitory unless expressly declared to be otherwise.
§ 27 Death penalty
The death penalty is not deemed cruel or unusual punishment under the State Constitution, and laws providing for it are valid.
§ 28 Victims' Bill of Rights (Marsy's Law)
Crime victims have enumerated rights, including to safety, restitution, notice, and to be heard, and to finality in criminal proceedings.
§ 29 Right to due process in prosecutions
In a criminal case the people of the State have the right to due process of law and to a speedy and public trial.
§ 30 Joinder; hearsay; discovery reciprocity
Criminal cases may be joined, reciprocal discovery is required, and hearsay is admissible at preliminary hearings as provided by law.
§ 31 No discrimination or preferential treatment (Prop 209)
The State may not discriminate against or grant preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin in public employment, education, or contracting.
§ 32 Parole and sentencing (Prop 57)
Persons convicted of nonviolent felonies are eligible for parole consideration, and prosecutors, not the court alone, decide whether to try a minor as an adult.
Article II Voting, Initiative and Referendum, and Recall
§ 2 Qualification of electors
A United States citizen at least eighteen years old who is a resident of the State may vote.
§ 3 Voter registration
The Legislature shall provide for the registration of voters and the manner of conducting elections.
§ 8 Initiative power
The initiative is the power of the electors to propose statutes and constitutional amendments and adopt or reject them, upon petition signed by the required percentage of voters.
§ 9 Referendum power
The referendum is the power of the electors to approve or reject statutes or parts of statutes, except urgency measures and appropriations for usual expenses.
§ 10 Election and effect of measures
An initiative or referendum measure takes effect when approved by a majority of votes and may be amended or repealed only as the measure or the Constitution allows.
§ 13 Recall
Recall is the power of the electors to remove an elective officer, initiated by petition and decided at a recall election.
Article III State of California
§ 1 State inseparable from the Union
The State of California is an inseparable part of the United States, and the U.S. Constitution is the supreme law of the land.
§ 3 Separation of powers
The powers of state government are legislative, executive, and judicial, and no one charged with exercising one may exercise another except as permitted.
§ 3.5 Administrative agencies; limits
An administrative agency may not refuse to enforce a statute on the basis that it is unconstitutional unless an appellate court has so held.
§ 6 English as official language
English is the official language of the State of California, and the Legislature shall take steps to preserve and enhance its role.
Article IV Legislative
§ 1 Legislative power; reserved initiative and referendum
The legislative power is vested in the Legislature (Senate and Assembly), but the people reserve the powers of initiative and referendum.
§ 2 Membership; terms; term limits
The Senate has 40 members and the Assembly 80, elected to four- and two-year terms respectively, subject to a lifetime service limit.
§ 3 Sessions
The Legislature meets in regular biennial session and may be convened in special session by the Governor.
§ 4 Compensation and conflicts
Members' salaries are set by an independent commission, and members are restricted from conflicts of interest and certain gifts and honoraria.
§ 7 Rules; journals; open meetings
Each house chooses its officers, judges the qualifications of its members, keeps a journal, and holds open sessions except as secrecy is required.
§ 8 Passage of bills
A bill is passed only after being read and in print for the required period, and a statute takes effect on the date fixed or on the following January 1.
§ 9 Single subject
A statute shall embrace but one subject, expressed in its title.
§ 10 Presentation to the Governor; veto
Each bill is presented to the Governor, who may sign, veto, or reduce or eliminate appropriation items; the Legislature may override a veto by two-thirds of each house.
§ 12 Budget; appropriations
The Governor submits an annual budget, and the budget bill and appropriations are enacted subject to the balanced-budget and passage rules.
§ 16 General and special laws
All laws of a general nature have uniform operation, and a local or special law may not be enacted where a general law can be made applicable.
Article V Executive
§ 1 Supreme executive power; Governor
The supreme executive power is vested in the Governor, who sees that the law is faithfully executed.
§ 2 Election and qualifications
The Governor is elected every fourth year and must be a citizen and elector who has resided in the State for the required period, subject to term limits.
§ 5 Appointments; vacancies
The Governor fills vacancies and makes appointments as authorized, with Senate or legislative confirmation where required.
§ 8 Clemency
The Governor may grant reprieves, pardons, and commutations after sentence, subject to reporting and, for repeat offenders, approval by the Supreme Court.
§ 9 Lieutenant Governor
The Lieutenant Governor is elected at the same time and place as the Governor and becomes Governor upon a vacancy.
§ 10 Succession and temporary disability
The Lieutenant Governor acts as Governor during the Governor's absence or disability, with further succession provided by law.
§ 11 Other executive officers
The Attorney General, Secretary of State, Controller, Treasurer, and Superintendent of Public Instruction are elected executive officers.
§ 13 Attorney General
The Attorney General is the chief law officer of the State and has the duty to see that the laws are uniformly and adequately enforced.
Article VI Judicial
§ 1 Judicial power; courts
The judicial power is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.
§ 2 Supreme Court
The Supreme Court consists of the Chief Justice and six associate justices and has original and appellate jurisdiction as provided.
§ 3 Courts of appeal
The courts of appeal are organized into districts and exercise appellate jurisdiction as provided by law.
§ 10 Original jurisdiction; writs
The courts have original jurisdiction in habeas corpus, mandamus, certiorari, and prohibition proceedings.
§ 16 Election and terms of judges
Supreme Court and court of appeal justices face retention elections after gubernatorial appointment, and superior court judges are elected to six-year terms.
§ 18 Discipline and removal
The Commission on Judicial Performance may censure, remove, or retire judges for misconduct or disability, subject to Supreme Court review.
Article VII Public Officers and Employees
§ 1 Civil service
The civil service includes every state officer and employee except those exempted, and appointments and promotions are made under a general system based on merit.
§ 2 State Personnel Board
The State Personnel Board enforces the civil service statutes and administers the merit system.
§ 8 Disqualification from office
Laws may disqualify from public office persons convicted of designated crimes such as bribery, perjury, or embezzlement of public money.
Article IX Education
§ 1 Encouragement of education
The Legislature shall encourage intellectual, scientific, moral, and agricultural improvement by all suitable means.
§ 5 Free public schools
The Legislature shall provide for a system of common schools by which a free school is kept up in each district.
§ 6 Public school system; funding
The public school system includes preschool through community colleges, and the Legislature provides for its support and administration.
§ 8 No public aid to sectarian schools
No public money may ever be appropriated to support any sectarian or denominational school or any school not under exclusive public control.
§ 9 University of California
The University of California is a public trust administered by the Regents with full powers of organization and government, subject to legislative control only as specified.
Article X Water
§ 1 Access to navigable waters
Access to the navigable waters of the State is guaranteed to the people, and the Legislature may not obstruct free navigation.
§ 2 Reasonable and beneficial use
The right to water is limited to such water as is reasonably required for beneficial use, and waste or unreasonable use is prohibited.
§ 4 Frontage on navigable waters
No individual may exclude the right of way to navigable water where required for a public purpose, subject to regulation.
§ 5 Use of water for public purposes
The use of all water for sale, rental, or distribution is a public use subject to State regulation and control.
Article X A Water Resources Development
§ 1 Wartime water project protection
Water resources projects may be protected against interference during wartime or emergency, and their operation continued as provided.
Article X B Marine Resources Protection Act of 1990
§ 1 Restrictions on gill and trammel nets
The use of gill and trammel nets is prohibited or restricted in specified marine zones to protect marine resources.
Article XI Local Government
§ 1 Counties
The State is divided into counties, which are legal subdivisions of the State, and the Legislature provides for county government.
§ 2 County seats; charters
Counties may adopt charters providing for their government, officers, and boards of supervisors.
§ 3 City charters
A city or city and county may adopt a charter for its own government, which supersedes conflicting general laws as to municipal affairs.
§ 5 Municipal affairs; home rule
A charter city has full authority over municipal affairs, subject to the Constitution and its charter.
§ 7 Police power of cities and counties
A county or city may make and enforce within its limits all local police, sanitary, and other ordinances not in conflict with general laws.
§ 11 Special taxes; delegation
The Legislature may not delegate to a private person or body the power to make, control, or levy taxes or perform municipal functions.
Article XII Public Utilities
§ 1 Public Utilities Commission
The Public Utilities Commission consists of five members appointed by the Governor with Senate confirmation.
§ 3 Definition; regulation of utilities
Private corporations and persons that own or operate systems for supplying the public are public utilities subject to the Commission's regulation.
§ 6 Powers of the Commission
The Commission may fix rates, establish rules, and supervise and regulate every public utility in the State.
§ 8 Regulation by cities
A city may grant franchises and may regulate or, subject to the Commission, contract for utility service.
Article XIII Taxation
§ 1 Taxation of property
All property is taxable and assessed at the same percentage of fair market value unless otherwise provided by the Constitution or by law.
§ 2 Legislative power over taxation
The Legislature may provide for property taxation of all forms of tangible personal property, subject to constitutional limits and classifications.
§ 3 Exemptions
Enumerated property is exempt from taxation, including government property, certain household and personal effects, and property used for religious, hospital, or charitable purposes.
§ 4 Additional exemptions
The Legislature may exempt other property, such as that of veterans, nonprofit colleges, and property used exclusively for charitable purposes.
§ 19 State assessment of utilities
The State Board of Equalization assesses pipelines, railroads, and other property of regulated utilities.
§ 35 Public safety funding
Revenues designated for local public safety programs are dedicated to those purposes and may not be diverted.
Article XIII A Tax Limitation (Proposition 13)
§ 1 Maximum property tax rate
The maximum ad valorem tax on real property may not exceed one percent of its full cash value, plus amounts for voter-approved indebtedness.
§ 2 Full cash value; assessment limits
Full cash value is the 1975-76 assessed value or the value on later change of ownership or new construction, with annual inflation adjustments capped at two percent.
§ 3 Vote required for state taxes
Any change in state taxes enacted to increase revenue requires a two-thirds vote of each house of the Legislature.
§ 4 Local special taxes
Local governments may impose special taxes only with a two-thirds vote of their electorate.
Article XIII B Government Spending Limitation
§ 1 Appropriations limit
The annual appropriations of state and local governments funded by tax proceeds may not exceed the prior year's limit adjusted for population and cost-of-living changes (the Gann limit).
§ 2 Return of excess revenue
Revenues exceeding the appropriations limit over a two-year period must be returned to taxpayers by revising tax rates or fee schedules.
§ 6 State-mandated costs
When the State mandates a new program or higher level of service on local government, it must reimburse the local government for the costs.
Article XIII C Voter Approval for Local Tax Levies
§ 1 Definitions
Local taxes are classified as general taxes (for general purposes) or special taxes (for specific purposes), and fees and assessments are distinguished from taxes.
§ 2 Voter approval required
A local government may impose a general tax only with majority voter approval and a special tax only with two-thirds voter approval.
§ 3 Initiative power over taxes
The initiative power to reduce or repeal any local tax, assessment, fee, or charge is expressly reserved to the voters.
Article XIII D Assessment and Property-Related Fee Reform
§ 1 Application
This article limits the power of local governments to impose assessments, fees, and charges on real property.
§ 4 Assessment procedures
Assessments must be based on the special benefit conferred on a parcel and are subject to notice, a property-owner ballot, and majority protest procedures.
§ 6 Property-related fees
Fees and charges related to property service require notice, a public hearing, and, for fees other than water, sewer, and refuse, voter or property-owner approval.
Article XIV Labor Relations
§ 1 Wage and hour regulation
The Legislature may provide for minimum wages and the general welfare of employees, and may confer that authority on a commission.
§ 4 Workers' compensation
The Legislature has plenary power to create a complete system of workers' compensation for injuries arising out of employment.
Article XV Usury
§ 1 Rate of interest
The maximum rate of interest on non-exempt loans is limited by the Constitution, with numerous categories of lenders exempted from the usury limit.
Article XVI Public Finance
§ 1 State debt limit
The State may not incur debt exceeding a set amount without a two-thirds vote of the Legislature and approval by the voters.
§ 6 No gifts of public funds
The Legislature may not make any gift of public money or thing of value to any individual, corporation, or other government.
§ 8 Public school funding (Proposition 98)
A minimum percentage of state revenue is guaranteed to public schools and community colleges under a formula tied to prior funding and state growth.
§ 17 Public pension fund investment
Public retirement boards have plenary authority and fiduciary responsibility over the investment of pension fund assets for the benefit of members.
Article XVIII Amending and Revising the Constitution
§ 1 Amendment or revision by the Legislature
The Legislature may propose an amendment or revision by a two-thirds vote of each house, to be submitted to the electors.
§ 2 Constitutional convention
The Legislature by two-thirds vote may submit to the electors the question of calling a convention to revise the Constitution.
§ 3 Amendment by initiative
The electors may amend the Constitution by initiative.
§ 4 Effect of adoption
A proposed amendment or revision takes effect when approved by a majority of votes cast, and if provisions conflict, the one with the higher vote prevails.
Article XIX Motor Vehicle Revenues
§ 1 Use of fuel tax revenue
Revenue from taxes on motor vehicle fuels is used for the research, construction, and maintenance of public streets and highways and mass transit guideways.
§ 2 Restrictions on use
Fuel tax revenue may not be used for purposes other than those specified, and diversion is restricted.
Article XIX A Loans From the Public Transportation Account or Local Transportation Funds
§ 1 Restrictions on loans and use
Revenues in the Public Transportation Account and local transportation funds are restricted to transportation purposes and may be loaned only under stated conditions.
Article XIX B Motor Vehicle Fuel Sales Tax Revenues and Transportation Improvement Funding
§ 1 Dedication of sales tax on fuel
Sales and use tax revenues from motor vehicle fuel are allocated to transportation improvement and maintenance as provided.
Article XIX C Enforcement of Certain Provisions
§ 1 Standing to enforce
A California resident has standing to seek enforcement of the transportation-revenue provisions of the Constitution.
Article XIX D Vehicle License Fee Revenues for Transportation Purposes
§ 1 Dedication of vehicle license fees
Revenues from vehicle license fees dedicated to transportation are restricted to transportation purposes.
Article XX Miscellaneous Subjects
§ 1.5 Marriage (unenforceable)
A provision recognizing only marriage between a man and a woman remains in the text but is unenforceable following federal constitutional decisions on marriage equality.
§ 3 Oath of office
Public officers and employees take an oath to support and defend the U.S. and California Constitutions and to faithfully discharge their duties.
§ 22 Alcoholic beverage control
The State has exclusive power to license and regulate the manufacture, sale, and distribution of alcoholic beverages through the Department of Alcoholic Beverage Control.
Article XXI Redistricting of Senate, Assembly, Congressional and Board of Equalization Districts
§ 1 Redistricting after census
Districts for the Senate, Assembly, Congress, and Board of Equalization are adjusted after each federal census.
§ 2 Citizens Redistricting Commission
An independent Citizens Redistricting Commission, not the Legislature, draws the district maps according to stated criteria of population equality, contiguity, and community integrity.
Article XXII Architectural and Engineering Services
§ 1 Contracting for private services
The State and its subdivisions may contract with qualified private entities for architectural, engineering, and related services regardless of civil service restrictions.
Article XXXIV Public Housing Project Law
§ 1 Voter approval of public housing
No low-rent public housing project may be developed, constructed, or acquired by a public body until approved by a majority of the voters in the affected community.
Article XXXV Medical Research
§ 1 Stem cell research (Proposition 71)
The people establish a state medical research program and a right to conduct stem cell research, funded through the California Institute for Regenerative Medicine.
§ 3 Institute and funding
The California Institute for Regenerative Medicine is created and authorized to make grants and loans for stem cell research and facilities, funded by state bonds.
Full, verbatim text at California Legislative Information