Quiz on California Constitution and Statutes

This quiz is to test your knowledge about California’s Constitution and statutes. The answers follow the questions below.

1. The current California Constitution is the only one that has been adopted by voters.
2. The current state Constitution dates to the 1800s.
3. The California Constitution is short in relation to those of other jurisdictions.
4. State agencies are only provided for in the California Government Code.
5. The hierarchy of laws at the federal and state levels is the same.
6. The first three articles of the federal and state constitutions establish the three branches of government.
7. The federal and state constitutions provide for three forms of direct democracy.
8. California statutes are found in Codes that contain over one hundred thousand sections.
9. There were originally just four Codes in California.
10. California’s first constitution was published in both English and Spanish.
11. There is a distinction between “codified” and “uncodified” statutes.
12. The federal constitution has seven articles, which are followed by 27 Amendments.

Answers

1. False. The first California Constitution was first adopted in 1849, just prior to California becoming a state in 1850.
2. True. The current California Constitution was ratified on May 7, 1879.  It is the governing document for the State.
3. False. By most accounts, the state Constitution is one of the longest in the world. In fact, it has been amended or revised over 500 times.
4. False. While the vast bulk of state agencies are specified in numerous state codes, primarily in the Government Code, the state Constitution authorizes a number of state agencies, such as the University of California, the State Compensation Insurance Fund, and the State Bar of California.
5. True. Like its federal counterpart, California’s Constitution is the “supreme law of the land” in this state, followed by state statutes, and then regulations promulgated by state entities. As with the federal level, state statutes and regulations cannot conflict with either the federal or state constitution.
6. This is true at the federal level, but not the state. The federal Constitution sets forth the three branches of government in its first three articles (i.e., Article I provides for the Congress; Article II provides for the President; and, Article III provides for the Judiciary). However, the California Constitution sets forth the legislative branch in Article IV, executive branch in Article V, and judicial branch in Article VI.
7. False. While Article II of the state Constitution provides for the initiative, referendum, and recall, direct democracy is not contained in the US Constitution.
8. True. California has just over 156,000 statutes that are contained in its 29 Codes. These 29 Codes vary in size and content.
9. True. During the 1872 Session of the California Legislature, there were four original codes that were adopted and which contained state statutes. Those first four Codes were Political Code (which no longer exists), Civil Code, Code of Civil Procedure, and Penal Code.
10. True. California’s first constitution was adopted in 1849 after the Constitutional Convention of 1849. That first state constitution was actually published in both English and Spanish.
11. True. Codified statutes are those statutes enacted by bills (or statutory initiatives) that are placed in one of the 29 Codes that are organized by subject matter. The other type of statute is for the uncodified laws affected by measures enacted by the Legislature.
12. True.