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Government of California

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California is governed as a republic, with three branches of government, the executive branch consisting of the Governor of California and the other elected constitutional officers, the legislative branch consisting of the Assembly and Senate, and the judicial branch consisting of the Supreme Court of California and lower courts. The State also allows direct participation of the electorate by referendum, recall, and ratification.

California is unique by having a partisan system for the state government while banning political parties from being involved in county, city, or other local elections.

Constitution

California's constitution is one of the longest laws in the world, taking up over 10,000 sheets of paper. Part of this length is caused by the fact that most voter initiatives take the form of a constitutional amendment, as the state Legislature can easily overturn any law with the governor's concent, while a constitutional amendment requires an election to be ratified.

Executive Branch

California's executive branch is headed by the Governor. Other executive positions are the Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, State Controller, Insurance Commissioner, and the State Superintendent of Public Instruction. All offices are elected seperately to concurrent four-year terms. Each officer may be elected to an office a maximum of two times.

The Governor has the powers and responsibilities to: sign or veto laws passed by the Legislature, including a line item veto; appoint judges, subject to ratification by the electorate; propose a state budget; give the annual State of the State Address; command the state militia; and grant pardons for any crime, except cases involving impeachment by the Legislature.

The Lieutenant Governor is the President of the California Senate and acts as the governor when the governor is unable to execute the office, including whenever the governor leaves the state.

Legislative Branch

The basic form of law in California is a republic, governed by democratically elected state Senators and Assembly members. The governing law is a constitution, interpreted by the California Supreme Court, whose members are appointed by the Governor, and ratified at the next general election. The constitution can be changed by initiatives passed by voters. Initiatives can be proposed by the governor, legislature, or by popular petition, giving California one of the most flexible legal systems in the world. The constitution makes the California legislature bicameral, with a Senate and an Assembly. It also defines an executive branch headed by a governor. A unique property of the state constitution is that it requires 40% of the state budget to be spent on education. As a result, California has one of the best-funded school systems anywhere.

The most sought-after legislative committee appointments are to banking, agriculture and insurance. These are sometimes called "juice" committees, because they aid in the fundraising of their members.

A unique institution is the state legislative analyst, whose office of several hundred persons analyzes the effects of laws for the California legislature. The analyst's most visible public act is to write the impartial ballot booklet analyses of likely effects of initiatives and bond measures placed before the voters.

Political Issues

There have been several constitutional crises over the last twenty years: The passage of term limits for the California legislature and elected constitutional officers (which was hotly argued state-wide, and debated in the Supreme Court of California); a test of the ratification process for the Supreme Court (in which a liberal chief justice, Rose Bird, was ousted); a full-fledged tax revolt, "Proposition 13," which resulted in the freezing of real estate tax rates at 1% of the property's last sale price; and a test of the state recall provision (in which Governor Gray Davis was recalled in a 2003 special election). Various anti-tax organizations remain well-funded and active.

Northern California's inland areas and Southern California (outside of Los Angeles) tend to be conservative, mostly Republican areas. Los Angeles and the Northern California coast tend to be liberal, mostly Democratic areas. Because most of the population is in Los Angeles and the northern coast, California tends to be liberal.

Among the state's divisive issues are water and water rights. Water is limited, mostly from mountain runoff (70%), wells (limited by salt-water incursion and overuse), and some Colorado River water (strictly limited by treaties with the other western states and Mexico). Waste water reclamation in California is already routine (for irrigation). City-dwellers' property taxes pay for most water projects, but 75% of the water is used by farmers. This causes periodic water-rights initiatives and tax revolts in the cities, especially during droughts, when city water is rationed so farmers can keep fruit trees and vineyards alive. Also, most water is in the north of the State, while most people are in the south. This causes many north vs. south disputes, the most famous being the Peripheral Canal, a proposed project to divert water from the Sacramento River delta (the San Francisco Bay Area) to Southern California (Los Angeles).

Land use is also divisive. High land prices mean that ordinary people keep a large proportion of their net worth in land. This leads them to agitate strongly about issues that can affect the prices of their home or investments. The most vicious local political battles concern local school boards (good local schools substantially raise local housing prices) and local land-use policies. In built-up areas it is extremely difficult to site new airports, dumps, or jails. Graft and developer influence on local politics might be rife, since many cities routinely employ eminent domain to make land available for development. A multi-city political battle was fought for several years in Orange County concerning the decommissioning of the huge El Toro Marine airbase. Orange County needs a new airport (pilot unions voted the existing airport, John Wayne, the least safe in the U.S.), but the noise could reduce land prices throughout the southern part of the county, including wealthy, politically-powerful Irvine.

Gun control is another divisive issue. In the cities, California has one of the U.S.'s most serious gang problems, and in some farming regions, some of the highest murder rates. The state also contains many individuals who desire to keep and bear arms in defense of themselves, their families and property. The legislature has passed restrictive gun-control laws. Private purchase of semi-automatic rifles that look like military rifles is a felony. The law does not prohibit sales of semi-automatic hunting-style civilian weapons, which might be intended to be a distinction without a real difference. Pistols may be purchased and kept in one's home or place of business, but it is illegal to carry weapons or ammunition outside these areas without a concealed weapons permit, except in a locked area (car trunk) to licensed practice ranges or other legitimate uses (hunting, repair, collection, etc.) Most people find it impossible to get concealed weapons permits since they are issued at the arbitrary discretion of the local law enforcement officials. California is not a "shall issue" state for concealed weapons permits. (This information should not be taken as legal advice.) (ref. section 12000 of the California State Penal Code at http://www.leginfo.ca.gov/calaw.html)

An excellent reference is "California, Its Government and Politics" by Michael J. Ross.