Frequently Asked Questions about U.S. and California Constitutions

Frequently Asked Questions about U.S. and California Constitutions By Chris Micheli

What are some key principles of the United States Constitution? The U.S. Constitution vests in the federal government certain specified powers. And, the powers that not enumerated in the federal Constitution are reserved to the states pursuant to the Tenth Amendment. This is what we term our governmental system of federalism. The states play a critical role in our federal system of governance.

What are some of the protections contained in the state and federal constitutions? The U.S. Constitution provides many of our individual rights in the Bill of Rights, while similar protections are provided in the first Article of the California Constitution. The state constitution includes additional protections that the federal constitution does not. Federal constitutional protections apply to the states by means of the Fourteenth Amendment. As such, California and its Constitution are prohibited from violating fundamental rights provided by the United States Constitution.

What is contained in the federal constitution? The federal constitution has seven articles, which are followed by 27 Amendments.

What are the main provisions of the federal constitution? The U.S. Constitution sets forth the three branches of government in the first three Articles. Both the federal and state constitutions provide the three branches of government in the same order: legislative, executive and judicial. The fourth Article of the federal constitution deals with the states, followed by an article on amending the constitution, an article dealing with miscellaneous provisions, and then its ratification.

How many amendments are there to the federal constitution? There are 27 Amendments, and the first ten Amendments are called the “Bill of Rights.”

How many articles are in the state constitution? The state constitution has thirty-three articles (do not be confused by the numbering as some articles do not exist).

What are the main provisions of the state constitution? The California Constitution begins with individual rights, then provides the powers of direct democracy reserved to the people, followed by establishment of the State, and then to the three branches of government. Like its federal counterpart, the state constitution provides the three branches of government in this order: legislative, executive and judicial.

What are other key provisions of the state constitution? The state constitution then proceeds to numerous Articles that have been added over the decades by the people, from transportation funding to redistricting to taxation to engineering services. Many of these Articles represent successful enactment of statewide ballot measures through the use of the initiative process.

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