How the government of the State of California is different from U.S. government?

How the government of the State of California is different from U.S. government?
Illustration XI: View of the procession in celebration of the Admission of California, October 29, 1850. Crossing the Plaza of San Francisco. J. Prendergast, del.; on stone by Coquardon; lith. of Zakreski & Hartman. LC-USZ62-763

It was August 1848 before the United States Senate ratified the treaty ending the Mexican War and recognizing the transfer of California to American hands. Local Army commanders, "Forty-eighters," and Hispanic rancheros all waited anxiously for details of the form of territorial government California would enjoy. When no news arrived, local residents took matters in their own hands, with mass meetings as early as December 1848 debating California's political future. As tens of thousands of "Forty-Niners" joined the rush, the need became more pressing. Congress and the President did nothing, and in September 1849, forty-eight delegates met in Monterey to draw up a state constitution. The document was closely modeled on the constitutions of Iowa and New York, the home states of many members of the convention, and it made California a "free" state from which slavery would be excluded. The frame of government was ratified by popular vote on November 13, and state officials were chosen the same day. While Eastern Congressmen and Representatives argued over whether and how to admit this new free state, Californians got on with the business of finding gold and making money.

In the mining camps, the miners themselves were responsible for local affairs. In only a few years, they worked out rules governing the discovery and exploitation of mineral resources that were later incorporated into state and federal statutes. As for criminal law, miners and local townspeople were equally efficient in dealing out their own form of justice. As towns sprang up near the camps, newly appointed officials were appointed to impose order.

How the government of the State of California is different from U.S. government?
Illustration XII: "Judge Lynch," California Vigilants, 1848. Painting by Stanley Berkely. Copyright 1905, by John D. Morris & Company. LC-USZ62-51822. #51846

Back East, established forces of morality and order like the major Protestant churches were concerned about the society to which the states of the Atlantic seaboard and Midwest were sending their young men and women. Sensing that California would be in desperate need of moral guidance, "home mission" boards of these churches sent clergyman west to minister to the souls of miners, saloonkeepers, peddlers, and merchants in California's booming towns and cities and isolated mining camps.

Finally, on September 9, 1850, President Fillmore signed the bill that gave California statehood. However, state government did not automatically bring law and order to California. In San Francisco, local citizens became so impatient with the inability or unwillingness of local officers to enforce the law that they formed a "Vigilance Committee" in 1851. By the time that the committee disbanded at the end of September, they had hanged four men, handed fifteen over to the police for trials, and whipped or deported twenty-nine more. The San Francisco experience inspired vigilance committees in other towns and mining camps. The apparent reforms brought by the 1851 San Francisco vigilantes were short-lived, and when the city's marshals and one of its newspaper editors were shot down in 1856, the second San Francisco Vigilance Committee was formed, this time even seizing arms from the local state militia.

How the government of the State of California is different from U.S. government?

Structurally speaking, California state government is not unique among the other states. All fifty states provide for a republican form of government in their individual constitutions. And all the states are based upon the federal government model with three branches of state government: the Legislative Branch, the Executive Branch, and the Judicial Branch. Let’s look quickly at all three branches.

Legislative Branch

With one exception, all states are bicameral and they all have upper and lower houses of differing sizes. For the lower houses, half a dozen states provide four year terms while the remaining states provide two year terms. The sizes of the houses range from forty two members to four hundred members.

For the upper houses, a dozen states provide two-year terms while the remaining states provide four year terms. And the sizes of these houses range from twenty one to sixty seven members. About thirty five states do not have terms limits for maximum service. Roughly twenty two states have a simple majority vote requirement for all their measures. The remaining states have a hybrid system requiring both simple and super-majority votes for measures that are considered.

The Executive Branch

The Governor is the chief executive in all fifty states, and in two states the length of a gubernatorial term is two years. In the remaining states it is a four-year term. Roughly sixteen states do not have a maximum limit on the number of terms that a governor can serve, while the remaining states cap the number of terms to two. About half a dozen states do not have a Lieutenant Governor, while the remaining states do.

The Judicial Branch

All of the states have the Supreme Court as the highest court in the state. Most states have seven seats on their high court, with the lowest at five and the highest at nine. Four states have lifetime appointments while the remainder use six to fourteen year terms with a majority at eight years. And roughly twenty states have a mandatory retirement age. About twenty states elect their high court justices, while the remaining states are appointed to their office.

You can find a full transcript of today’s podcast here.

What makes California government different from other states?

California is one of the few states in which voters have special powers such as the ability to recall officials and the ability to pass initiatives which are laws made directly by the voters instead of by the legislature.

How are the US Constitution and California's Constitution different?

Structurally, the United States Constitution including it's amendments provides citizens basic rights and the California Constitution elaborates with additional protections in ways that the federal Constitution does not.

What are the differences between our state government and the federal government?

The exclusive powers of the federal government help the nation operate as a unified whole. The states retain a lot of power, however. States conduct all elections, even presidential elections, and must ratify constitutional amendments.

How is California government similar to the federal government?

Just like the federal government, California has a state constitution and a three-branch system. The Executive Branch comprises the Governor and other constitutional officers. The State Assembly and Senate make up the Legislative Branch. The Judicial Branch includes all of the state courts.