Week 7- Module 7 - Part II - Q&A Response

 Larry Feirman State & Local Government

February 25, 2021 Module 7- Assignment 7

Q: This week, please read and reflect on Chapter 3, State Constitutions. Find and summarize an example of an effort to update or challenge a state constitution… it can be any state in the US and any time, recent or not. Your summary must demonstrate that you have read the chapter in your textbook and are applying that text’s concepts as you learn about the example you are summarizing. You can most effectively do this by making direct references to the concepts and information found in your textbook and relating them to the details about the real-life example you summarize.

A: The California Constitution is in many ways a textbook example both good and not so good based on Chapter 3 details.  In Part III of my response, I have captured the changing laws for thew California Constitution for 2021.  It is detailed voluminous, and in the final part some very silly and ridiculous statues-laws.

These added laws come from input from the citizens of California, brought to the attention of their elected officials, created from petitions, lobbyists and such within the rules and regulations of the California State Constitution.

Changes, additions, amendments, etc. in CA follow many of the processes-procedures discussed in our text.  In some instances, there is judicial review where it is required, or a requirement by others explicitly requires it.  The CA legislature has a proposal and ratification process in place and not all changes, modifications are voted upon by the public.

CA has an Initiative process where the legislature is not required and may be bypassed.  CA has all of the processes in place that are mentioned in the text (page 64).

In 2021, an array of changes, additions, and reforms will affect how the state government governs today.  Some examples are:

• Minimum Wage – CA law differs from that of the Federal government at this time, that could possibly change

• COVID-19 protocols for CA differ from other states and that of the Federal government.  These changes are for now temporary, but could become final (Jan.2022-2023 review)

• Diversity on Board of Directors – presently this is valid for CA only and there appears not to be a Federal mandate

• Juvenile offenders who would otherwise be sentenced to a state facility to serve their sentence will instead be provided rehabilitative services close to home.  The bill allows for the creation of a new state-level youth justice agency — the Office of Youth and Community Restoration (OYCR). Leadership and oversight will be provided at a county level, according to Pacific Juvenile Defender Center. 

Lastly, and not surprisingly, CA has what is described in the text as “FRIVILOUS” laws that are unique:

Frogs: A person is allowed to possess any number of live frogs for frog-jumping contests, but if a frog dies or is killed, "it must be destroyed as soon as possible, and may not be eaten or otherwise used for any purpose," according to state law. 

Pools: Nearly four decades ago, it was common for teenagers to break into public swimming pools. Teenagers would use the pools as a rink to ride their bicycles or skateboards. These shenanigans were famously depicted in Catherine Hardwicke's 2005 "Lords of Dogtown." Thanks to the Z-Boys, it's now illegal to ride your bike in a public pool.

 Nudity: It's called the "Wiener Bill." In 2012, California Senate Scott Wiener sponsored controversial legislation banning nudity at un-permitted events, which was eventually passed.  In 2015, a federal judge ordered the city to issue permits to nudists participating in parades. Following the ruling, residents now need a permit to get fully naked in San Francisco.

 Driverless cars: While driverless vehicles aren't commonplace, there are guidelines in place for those operating on California roadways. And one of the laws, autonomous vehicles can't drive over 60 miles per hour. They also have to be operated by a licensed driver, who is liable for any damage caused by the vehicle.