The California Constitution BY HON. BRUCE W. SUMNER * History of the Commission In 1962, the voters of California approved a proposition submitted to them by the Legislature which launched a vast project to modernize and up date the state's antiquated Constitution through the creation of the California Constitution Revision Commission. Until 1962, the only certain way to revise the California Constitution was by a constitutional convention. While Article XVIII, Section 1, provided for amendments to be proposed by the Legislature it was generally felt that judicial construction of the term "amendment" might preclude overall constitutional revision.1 Following the 1949 Special Election at which much obsolete language was deleted from the Constitution by amendments, proposals for revision were considered at nearly every session of the Legislature. As legislators and other interested citizens became increasingly concerned about the length and content of the State Constitution, general support for complete revision was evident. In 1959, the Assembly of the California Legislature adopted a resolution directing the Citizens' Legislative Advisory Commission to study the legislative techniques and procedures which should be used to secure a revision of the State Constitution.2 A preliminary report of the commission's findings was submitted to the Legislature in April, 1960, in which the commission stated that the State Constitution was in need of fundamental review.3 The commission's final report recommended that Article XVIII be amended to permit the Legislature to submit to the people a revised constitution, or a revision of any part, and that a commission be established by statute to study the Constitution and make recommendations for a total or partial revision.* Concurrently with the citizen's commission study, the Assembly Interim Committee on Constitutional Amendments undertook an examination of the need for constitutional reform. In its 1960 report to the Legislature, the committee stated that the California Constitution was in need of fundamental revision in both substance and form.5 The committee also recommended that Article XVIII be amended to authorize the Legislature to submit an entire revision to the people. 6 Judge, Superior Court, Orange County; Chairman, California Constitution Revision Assembly House Resolution No. 278, Stats. 1959 Regular Session. 'Citizens' Legislative Advisory Commission, Second Progress Report the Citizens of California, September, 1960. 'Citizens' Legislative Advisory Commission, Final Report to the California Legislature and to the Citizens of California, March, 1962. Report of the Assembly Interim Committee on Constitutional Amendments to the California Legislature, November, 1960. • Ibid. ( 109 ) Acting on these recommendations the Legislature in 1961 adopted Assembly Constitutional Amendment No. 14 by Assemblyman Busterud. The measure proposed an amendment to Article XVIII to authorize the Legislature to act, in effect, as a constitutional convention by allowing it to submit proposals for revision of the Constitution to the voters. The amendment was placed on the November, 1962 ballot as Proposition 7 and was approved by the voters by a margin of more than 2 to 1.8 To implement Proposition 7, the Legislature in 1963 adopted resolutions which called for the creation of a Constitutional Revision Commission, under the auspices of the Joint Committee on Legislative Organization, to provide the Legislature and the joint committee "with facts and recommendations relating to the revision of the Constitution of the State of California."9 By the terms of the implementing resolutions, the commission was to be composed of not less than 25 nor more than 50 citizen members, appointed by the Joint Committee on Legislative Organization, and six legislative members. In addition, the members of the joint committee were named as ex officio members of the commission. The resolutions provided that "The Commission membership shall be broadly representative of the various political, economic and social groupings within the State." 10 This initial legislation provided that "The existence of the Commission shall terminate 90 days after the termination of the 1965 Regular Session of the Legislature." 11 During the 1965 Regular Session, the Legislature extended the life of the commission to October 1, 1966, and increased the maximum number of citizen members to 60.12 Subsequent legislation has renamed the commission The Constitution Revision Commission and continued its existence for an indefinite period.13 Under these resolutions, the commission selects its own chairman, adopts its own rules of procedure and reports its findings to the Legislature. Members of the commission "serve without compensation but each member is allowed actual expenses incurred in the discharge of his duties, including travel expenses." All necessary staff and materials are provided by the Joint Committee on Legislative Organization.14 When it first met on February 20, 1964, the commission consisted of 43 citizen members. At the first session the commission elected the late James C. Sheppard of Los Angeles and Robert Gordon Sproul of Berkeley, cochairman, Mrs. Robert Zurbach of Pasadena, secretary, Assembly Constitutional Amendment No. 14, ch. 222, Stats. 1961 Regular Session. 2,901,537-1,428,034. Secretary of State, Statement of the Vote, General Election, 1962. Assembly Concurrent Resolution No. 77, ch. 181, Stats. 1963 Regular Session; Assembly Concurrent Resolution No. 7, ch. 7, Stats. 1963 First Extraordinary Session. 10 Assembly Concurrent Resolution No. 7, ch. 7, Stats. 1963 First Extraordinary Session. u Ibid. 12 Assembly Concurrent Resolution No. 130, ch. 179, Stats. 1965 Regular Session. 13 Assembly Concurrent Resolution No. 144, ch. 212, Stats. 1965 Regular Session; Senate Concurrent Resolution No. 6, ch. 74, Stats. 1966 First Extraordinary Session; Assembly Concurrent Resolution No. 107, ch. 163, Stats. 1967 Regular Session; Assembly Concurrent Resolution No. 102, ch. 202, Stats. 1968 Regular Session. 14 Assembly Concurrent Resolution No. 7, supra note 11. |