California Constitution vs. U.S. Constitution

Discussion in 'Multiple Subject Tests' started by Eki75, May 3, 2005.

  1. Eki75

    Eki75 Rookie

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    May 3, 2005

    Can someone either tell me or point me to where I can find out about the differences between the California State Constitution and the United States Constitution? I've been googling andgoogling and I can't come up with concrete answers. TIA! :)
     
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  3. jello

    jello Rookie

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    May 4, 2005

    one difference is that the governor of california can line veto - meaning he can accept some of the bill and ignore other parts of it. the u.s president can pocket veto - the bill doesn't pass if it was given to him 10 days before the house and senate shuts down.


    the cliff notes has something about this... you might check out the california government website. comparing terms of office and make a chart
     
  4. jello

    jello Rookie

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  5. jello

    jello Rookie

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    May 16, 2005

    pocket veto

    Every bill passed by Congress must be submitted to the president, who, according to the Constitution, has ten days in which to sign or veto the bill. If vetoed by the president, a bill cannot become law unless passed a second time and by a two-thirds majority of those voting in each house.

    If the president fails to act within ten days, the bill becomes law without the presidential signature, if Congress is in session. If Congress has adjourned in the interim, the bill lapses, and failure of the president to sign it is known as a pocket veto.
     
  6. Angel_wyf

    Angel_wyf Rookie

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    May 18, 2005

    found this from my note of CSET preparation class:

    How is the California Constitution like the US CONSTITUTION?
    ---Emphasis on the separation of powers, system of checks and balances, bicameral legislature, and bill of rights (which is actually the first part of the CA constitution).

    so does this mean on those aspects the California Constitution and the US CONSTITUTION are alike? and what's the difference besides that the governor of california can line veto ?
     
  7. Angel_wyf

    Angel_wyf Rookie

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    May 18, 2005

    found some more information :D
    Compare and contrast the California constitution with the U.S. Constitution.

    BOTH DOCUMENTS HAVE A BICAMERAL LEGISLATURE. THE CALIFORNIA LEGISLATURE IS COMPRISED OF THE STATE ASSEMBLY (AN 80 MEMBER BODY) AND THE STATE SENATE (A 40 MEMBER BODY). IN BOTH HOUSES OF THE CALIFORNIA LEGISLATURE, REPRESENTATION IS BASED ON DISTRICTS THAT ARE DETERMINED BY THE SIZE OF POPULATION. BY CONTRAST, THE FEDERAL LEGISLATURE HAS A BICAMERAL LEGISLATURE IN WHICH REPRESENTATION IS BASED ON THE CORE DEMOCRATIC PRINCIPLE OF ONE PERSON, ONE VOTE IN THE HOUSE OF REPRESENTATIVES (435 MEMBERS) AND A SENATE WHERE ALL STATES, BIG AND SMALL, ARE REPRESENTED BY TWO SENATORS. SENATORS ARE ELECTED FOR FOUR YEARS IN CALIFORNIA, WHEREAS U.S. SENATORS SERVE SIX YEAR TERMS. IN BOTH THE STATE ASSEMBLY AND U.S. HOUSE OF REPRESENTATIVES, TERMS ARE FOR TWO YEARS. AS OF 1990, ALL LEGISLATORS IN CALIFORNIA ARE LIMITED TO SERVING TWO TERMS.

    THE CHIEF EXECUTIVE IN BOTH THE FEDERAL AND STATE GOVERNMENTS ARE QUITE SIMILAR. THE DIFFERENCE IS IN THE OTHER PARTS OF THE EXECUTIVE BRANCH. IN THE STATE OF CALIFORNIA, THE LIEUTENANT GOVERNOR (THE EQUIVALENT TO THE U.S. VICE PRESIDENT) IS ELECTED BY THE VOTERS AND RUNS SEPARATELY FORM THE GOVERNOR. THE ATTORNEY GENERAL, CONTROLLER (CHIEF FINANCIAL OFFICER PARALLEL TO THE SECRETARY OF THE TREASURY) SECRETARY OF STATE, THE SUPERINTENDENT OF PUBLIC INSTRUCTION, AND TREASURER ARE ALL ELECTED BY THE VOTERS, WHEREAS THESE SAME OR PARALLEL FUNCTIONS AT THE FEDERAL LEVEL ARE APPOINTED BY THE PRESIDENT AS PART OF THE EXECUTIVE CABINET.

    IN THE JUDICIAL BRANCH WE ALSO SEE A GREATER DEGREE OF VOTER DIRECT CONTROL IN THE STATE GOVERNMENT THAN AT THE FEDERAL GOVERNMENT. I’LL QUOTE THE CONSTITUTION DIRECTLY: “JUDGES OF THE SUPREME COURT SHALL BE ELECTED AT LARGE AND JUDGES OF COURTS OF APPEAL SHALL BE ELECTED IN THEIR DISTRICTS AT GENERAL ELECTIONS AT THE SAME TIME AND PLACES AS THE GOVERNOR. THEIR TERMS ARE TWELVE YEARS. . . . “ [ARTICLE VI, SECTION 16A]. THIS CLEARLY CONTRASTS THE APPOINTMENT OF FEDERAL JUDGES BY THE PRESIDENT, WHOSE POWERS AT THAT LEVEL ARE FURTHER ENHANCED BY THE FACT THAT JUSTICES IN ALL FEDERAL COURTS SERVE LIFE TERMS.

    HERE ARE A FEW ADDITIONAL COMMENTS. THERE IS A SYSTEM OF CHECKS AND BALANCES (VETO, OVERRIDE) BETWEEN THE THREE BRANCHES. BOTH DOCUMENTS INCLUDE A BILL OF RIGHTS. AS A STATE, CALIFORNIA HAS SPECIFIC CONSTITUTIONAL GUIDELINES FOR SUCH FUNDAMENTAL STATE RESPONSIBILITIES AS EDUCATION, TRANSPORTATION, MARRIAGE, ENERGY, AND WATER. THE STATE CONSTITUTION HAS GREATER DETAIL ON MANAGING SUCH MATTERS, WHEREAS THE FEDERAL CONSTITUTION IS A GENERAL FRAMEWORK FOR OPERATING THE GOVERNMENT. IN GENERAL, THE STATES CONSTITUTION IS MUCH LONGER AND MORE COMPLEX. FINALLY, CALIFORNIA ADDED THE INITIATIVE, REFERENDUM, AND RECALL TO ITS CONSTITUTION DURING THE ERA OF PROGRESSIVE REFORMS AT THE TURN OF THE 20TH CENTURY.
     
  8. TeacherGroupie

    TeacherGroupie Multitudinous

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    May 18, 2005

    Try Answers.com too.

    Angel_wyf's last paragraph gets to the point of the difference. The technical term for the kind of detail on managing (micromanaging?) how the state does what it does is "statutory law" (a statute specifies, for example, at what speed the CHP is supposed to issue you a speeding ticket and how you go about resolving that). The technical term for the general framework for operating the government is basic law (for example, specifying the makeup of the US House of Representatives).
     
  9. jello

    jello Rookie

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    May 18, 2005

    thanks for all that great information!

    here is some material from cliff prep - they had a list of us constitution and cal constitution and asked to identify the correct powers alloted to each one.. the correct answer was the term of office for the supreme court justices.. because the other answers alloted powers to make post offices, tarrifs etc to cal constitution ...
    Cal constitution
    12 year term for supreme court justices
    Prohibited by US constitution from making treaties and creating post offices, coin money, subvert national currency, states cannot make tariffs

    US constitution
    Supreme Court Justices are appointed for life
    51% majority is necessary to raise taxes.
    No term limits in congress

    Both
    Governor and president of US are limited to two terms in office
    California Constitution
     
  10. Eki75

    Eki75 Rookie

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    May 18, 2005

    Thanks a lot to everybody for the information! That is very helpful. I googled and googled and couldn't come up with anything. lol. Thanks again!!
     

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