Proposition 7 of 1911 (or Senate Constitutional Amendment No. 22) [1] was an amendment of the Constitution of California that introduced, for the first time, the initiative and the optional referendum. Prior to 1911 the only form of direct democracy in California was the compulsory referendum. [2]
The Constitution of California is the primary organizing law for the U.S. state of California, describing the duties, powers, structures and functions of the government of California. Following cession of the area from Mexico to the United States in the Treaty of Guadalupe Hidalgo that ended the Mexican–American War, California's original constitution was drafted in both English and Spanish by delegates elected on August 1, 1849, to represent all communities home to non-indigenous citizens. The delegates wrote and adopted the constitution at the 1849 Constitutional Convention, held beginning on September 3 in Monterey, and voters approved the new constitution on November 13, 1849. Adoption of the "state" constitution actually preceded California's Admission to the Union on September 9, 1850 by almost ten months.
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote in parliament called an indirect initiative or via a direct initiative, the latter then being dubbed a Popular initiated Referendum.
A referendum is a direct vote in which an entire electorate is invited to vote on a particular proposal. This may result in the adoption of a new law. In some countries, it is synonymous with a plebiscite or a vote on a ballot question.
Since the first state constitution was enacted in 1849, it has been obligatory for constitutional amendments and certain other measures to be approved by voters in a referendum in order to become law. Proposition 7 introduced a form of optional (or facultative) referendum on ordinary statutes. This means that a proposed law passed by the state legislature must be put before the electorate if a specific number of voters sign a petition requesting a referendum. The amendment also introduced the more powerful initiative procedure. This means that a certain number of voters can propose an entirely new statute or constitutional amendment, which then must be put to a vote of the people.
A statute is a formal written enactment of a legislative authority that governs a city, state, or country. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.
Proposition 7 was part of the Progressive Era of reforms. On the same day voters approved Proposition 4, which granted women the vote, and Proposition 8, which introduced another instrument of direct democracy, the recall of elected representatives.
The Progressive Era was a period of widespread social activism and political reform across the United States that spanned from the 1890s to the 1920s. The main objectives of the Progressive movement were eliminating problems caused by industrialization, urbanization, immigration, and political corruption. The movement primarily targeted political machines and their bosses. By taking down these corrupt representatives in office, a further means of direct democracy would be established. They also sought regulation of monopolies and corporations through antitrust laws, which were seen as a way to promote equal competition for the advantage of legitimate competitors.
Proposition 7 was approved by the California Legislature on 20 February 1911. It was ratified by voters in a referendum held as part of a special election on 10 October. The amendment altered the state constitution by rewriting and adding a long set of provisions to Article 4, Section 1, which dealt with the legislature. As amended, the section began,
The California State Legislature is a bicameral legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislature convene at the California State Capitol in Sacramento. The California State Legislature is one of just ten full-time state legislatures in the United States.
The legislative power of this state shall be vested in a senate and assembly which shall be designated "The legislature of the State of California," but the people reserve to themselves the power to propose laws and amendments to the constitution, and to adopt or reject the same, at the polls independent of the legislature, and also reserve the power, at their own option,to so adopt or reject any act, or section or part of any act, passed by the legislature. [3]
It continued, "the first power reserved to the people shall be known as the initiative" and "the second power reserved to the people shall be known as the referendum". The provisions on direct democracy have since been moved, and reworded somewhat. Today they are contained in Article 2.
In California, a ballot proposition can be a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).
Direct democracy or pure democracy is a form of democracy in which people decide on policy initiatives directly. This differs from the majority of currently established democracies, which are representative democracies.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions (codicils), thus changing the frame of government without altering the existing text of the document.
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of Rights and the main text of the United States Constitution. The remainder of the Oregon Constitution outlines the divisions of power within the state government, lists the times of elections, and defines the state boundaries and the capital as Salem.
A ballot measure is a piece of proposed legislation to be approved or rejected by eligible voters. Ballot measures are also known as "propositions" or simply "questions".
In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place new legislation on a popular ballot, or to place legislation that has recently been passed by a legislature on a ballot for a popular vote. Initiatives and referendums, along with recall elections and popular primary elections, are signature reforms of the Progressive Era; they are written into several state constitutions, particularly in the West.
Proposition 59 was an amendment of the Constitution of California that introduced freedom of information or "sunshine" provisions. It was proposed by the California Legislature and overwhelmingly approved by the voters in an initiative held as part of the November 2004 elections.
Proposition 60 was an amendment of the Constitution of California, enacted in 2004, guaranteeing the right of a party participating in a primary election to also participate in the general election that follows. It was proposed by the California Legislature and approved by the voters in referendum held as part of the November 2004 election, by a majority of 67%.
Proposition 60A was an amendment of the Constitution of California, enacted in 2004, relating to funds from the sale of government property. It was proposed by the California Legislature and approved by the voters in a referendum held as part of the November 2004 election, by a majority of 73%.
A ballot proposition in the state of Arizona refers to any legislation brought before the voters of the state for approval.
Arizona Proposition 102 was an amendment to the constitution of the state of Arizona adopted by a ballot measure held in 2008. It added Article 30 of the Arizona Constitution, which says: "Only a union of one man and one woman shall be valid or recognized as a marriage in this state." The amendment added a constitutional ban on same-sex marriage to existing statutory bans in place since 1996. In October 2014, Article 30 of the Arizona Constitution was struck down as unconstitutional in the United States District Court for the District of Arizona, and is no longer enforced by the state of Arizona, which now allows and recognizes same-sex marriages.
Proposition 1F of 2009 was a measure approved by California voters relating to the salaries of state officers. It was an amendment of the Constitution of California prohibiting pay raises for members of the State Legislature, the Governor, and other state officials during deficit years. It was proposed by the legislature and approved in a referendum held as part of the May 19, 2009 special election ballot, in which the California electorate also voted on five other propositions.
Proposition 17 of 1972 was a measure enacted by California voters to reintroduce the death penalty in that state. The California Supreme Court had ruled on February 17, 1972, that capital punishment was contrary to the state constitution. Proposition 17 amended the Constitution of California in order to overturn that decision. It was submitted to a referendum by means of the initiative process, and approved by voters on November 7 with 67.5% of the vote.
Proposition 8 of 1911 was an amendment of the Constitution of California that introduced, for the first time, the recall of public officials. This allows the governor, state senators and assemblymen, and other elected officials to be removed from office early by a public vote. It was approved by voters in a referendum held as part of a special election on 10 October. On the same day voters approved two other major political reforms, Proposition 4, which granted women the vote, and Proposition 7, which introduced the initiative and the optional referendum.
Proposition 4 of 1911 was an amendment of the Constitution of California that granted women the right to vote in the state for the first time. Senate Constitutional Amendment No. 8 was sponsored by Republican State Senator Charles W. Bell from Pasadena, California. It was adopted by the California State Legislature and approved by voters in a referendum held as part of a special election on October 10, 1911.
The history of direct democracy amongst non-Native Americans in the United States dates from the 1630s in the New England Colonies. Many New England towns still carry on that tradition in the form of open town meetings.