Misplaced Pages

Supreme Court of California

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California . It is headquartered in San Francisco at the Earl Warren Building , but it regularly holds sessions in Los Angeles and Sacramento . Its decisions are binding on all other California state courts . Since 1850, the court has issued many influential decisions in a variety of areas including torts , property , civil and constitutional rights , and criminal law .

#297702

138-522: Under the original 1849 California Constitution , the Court started with a chief justice and two associate justices . The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the Governor of California and are subject to retention elections . According to

276-464: A University of California school (Guerrero at Berkeley ), five from private universities in California (Corrigan at Holy Names , Liu, Groban and Evans at Stanford , and Jenkins at Santa Clara ), and one from an out-of-state private university (Kruger at Harvard ). Two justices earned their law degrees from a University of California law school (Corrigan at UC Law SF and Evans at Davis ), two from

414-502: A 2020 population of 39,538,223. A constitutional revision originally required a constitutional convention but today may be passed with the approval of both two-thirds of the Legislature and approval by a majority of voters; while simplified since its beginnings, the revision process is considered more politically charged and difficult to successfully pass than an amendment. Voters exercising the initiative power are not permitted to propose

552-532: A case is granted review, the Chief Justice assigns the case to a justice, who, after the parties finish briefing, then prepares a draft opinion. Each justice writes a preliminary response to the draft opinion, and if the assigned justice is in the minority, she may ask the Chief Justice to reassign the case to someone in the majority. The Court then hears oral arguments and, immediately afterwards, meet alone to vote. The California Constitution requires suspension of

690-420: A central staff. The advantage to this system is that the reduced turnover of staff attorneys (versus the traditional system of rotating through new law clerks every year) has improved the efficiency of the court in dealing with complex cases, particularly death penalty cases. During its first half-century of operation, the Court struggled to keep up with its soaring caseload and very frequently fell behind, until

828-431: A chair. County, town, city, and ward committees generally are composed of individuals elected at the local level. State and local committees often coordinate campaign activities within their jurisdiction, oversee local conventions, and in some cases primaries or caucuses, and may have a role in nominating candidates for elected office under state law. Rarely do they have much direct funding, but in 2005 DNC Chairman Dean began

966-401: A constitutional revision. Many of the signatories to the state's original 1849 constitution were themselves prominent in their own right, and are listed below. The list notably includes several Californios (California-born, Spanish-speaking residents). Democratic Party (United States) The Democratic Party is one of the two major contemporary political parties in

1104-537: A key part of the bipartisan conservative coalition in an alliance with most of the Midwestern Republicans. The economically activist philosophy of Franklin D. Roosevelt, which has strongly influenced American liberalism , shaped much of the party's economic agenda after 1932. From the 1930s to the mid-1960s, the liberal New Deal coalition usually controlled the presidency while the conservative coalition usually controlled Congress. Issues facing parties and

1242-557: A matter of public policy, as disclosed in rule 8.1105(a) of the California Rules of Court. The original California Constitution of 1849 authorized the Court to publish all opinions that it "may deem expedient," and the current California Constitution of 1879 authorizes the Court to publish all opinions that it "deems appropriate." In 1850, a statute was enacted directing the Supreme Court to publish opinions in all cases, but in 1855,

1380-518: A move for the party toward the Third Way , moving the party's economic stance towards market-based economic policy. Barack Obama oversaw the party's passage of the Affordable Care Act in 2010. During his and Joe Biden 's presidency, the party has adopted an increasingly progressive economic agenda and more left-wing views on cultural and social issues . In the 21st century, the party

1518-411: A popular Democratic song. The emotionally similar song " Beautiful Day " by the band U2 has also become a favorite theme song for Democratic candidates. John Kerry used the song during his 2004 presidential campaign and several Democratic congressional candidates used it as a celebratory tune in 2006. As a traditional anthem for its presidential nominating convention, Aaron Copland 's " Fanfare for

SECTION 10

#1732837538298

1656-503: A private California university (Guerrero at Stanford and Jenkins at the University of San Francisco ), and three from law schools at out-of-state private universities (Liu and Kruger at Yale , and Groban at Harvard ). The most recent addition to the court is Associate Justice Kelli Evans , who was sworn in on January 2, 2023, to replace then-Associate Justice Patricia Guerrero , who was elevated to chief justice. In 2023, Guerrero became

1794-613: A program (called the "50 State Strategy") of using DNC national funds to assist all state parties and pay for full-time professional staffers. In addition, state-level party committees operate in the territories of American Samoa , Guam , and Virgin Islands , the commonwealths of Northern Mariana Islands and Puerto Rico , and the District of Columbia , with all but Puerto Rico being active in nominating candidates for both presidential and territorial contests, while Puerto Rico's Democratic Party

1932-482: A stronger protection applies than under the U.S. Constitution's Eighth Amendment; the former prohibits punishments that are "cruel or unusual", while the latter only prohibits punishments that are "cruel and unusual". The constitution also confers upon women equality of rights in "entering or pursuing a business, profession, vocation, or employment." This is the earliest state constitutional equal rights provision on record. Two universities are expressly mentioned in

2070-461: A synthesis of neoliberal economic policies with cultural liberalism , with the voter base after Reagan having shifted considerably to the right . In an effort to appeal both to liberals and to fiscal conservatives, Democrats began to advocate for a balanced budget and market economy tempered by government intervention ( mixed economy ), along with a continued emphasis on social justice and affirmative action . The economic policy adopted by

2208-675: A thorough, confidential evaluation of the candidate. Next, the Governor officially nominates the candidate, who must then be evaluated by the Commission on Judicial Appointments, which consists of the Chief Justice of California , the Attorney General of California , and a senior presiding justice of the California Courts of Appeal . The Commission holds a public hearing and if satisfied with

2346-550: A vigorous campaign attacking Eastern moneyed interests, but he lost to Republican William McKinley . The Democrats took control of the House in 1910, and Woodrow Wilson won election as president in 1912 (when the Republicans split) and 1916. Wilson effectively led Congress to put to rest the issues of tariffs, money, and antitrust, which had dominated politics for 40 years, with new progressive laws. He failed to secure Senate passage of

2484-485: A younger generation of leaders, who like Hart had been inspired by the pragmatic idealism of John F. Kennedy. Arkansas governor Bill Clinton was one such figure, who was elected president in 1992 as the Democratic nominee. The Democratic Leadership Council was a campaign organization connected to Clinton that advocated a realignment and triangulation under the re-branded " New Democrat " label. The party adopted

2622-399: Is among the longest in the world. This is predominantly due to additions by California ballot propositions , which allow enacting amendments by a simple majority vote in a referendum. Since its enactment, the California constitution has been amended an average of five times each year. As a result, if California were a sovereign state, its constitution would rank the second or third-longest in

2760-436: Is an open seat on the court, or if a justice recuses himself or herself on a given case, justices from the California Courts of Appeal are assigned by the chief justice to join the court for individual cases on a rotational basis. The procedure for when all justices recuse themselves from a case has varied over time. For a 1992 case, the chief justice requested the presiding justice of a Court of Appeal district (different from

2898-531: Is an organization supporting the candidacies of Democratic gubernatorial nominees and incumbents. Likewise, the mayors of the largest cities and urban centers convene as the National Conference of Democratic Mayors . The DNC sponsors the College Democrats of America (CDA), a student-outreach organization with the goal of training and engaging a new generation of Democratic activists. Democrats Abroad

SECTION 20

#1732837538298

3036-625: Is chaired by Representative Suzan DelBene of Washington . Similarly, the Democratic Senatorial Campaign Committee (DSCC), chaired by Senator Gary Peters of Michigan, raises funds for Senate races. The Democratic Legislative Campaign Committee (DLCC), chaired by Majority Leader of the New York State Senate Andrea Stewart-Cousins , is a smaller organization that focuses on state legislative races. The Democratic Governors Association (DGA)

3174-499: Is contrary to common practice outside of the United States where blue is the traditional color of the right and red the color of the left. Jefferson-Jackson Day is the annual fundraising event (dinner) held by Democratic Party organizations across the United States. It is named after Presidents Thomas Jefferson and Andrew Jackson , whom the party regards as its distinguished early leaders. The song " Happy Days Are Here Again "

3312-558: Is delegated to the State Bar Court of California (although suspensions longer than three years must be independently decided upon by the Court). California's bar is the largest in the U.S. with 210,000 members, of whom 160,000 are practicing. In 2018 and in 2023, the Court issued reform directives regarding corrupt practices within the State Bar of California. The court, with the assistance of

3450-600: Is organized only to nominate presidential candidates. The Democrats Abroad committee is organized by American voters who reside outside of U.S. territory to nominate presidential candidates. All such party committees are accorded recognition as state parties and are allowed to elect both members to the National Committee as well as delegates to the National Convention. The Democratic Congressional Campaign Committee (DCCC) assists party candidates in House races and

3588-472: Is strongest among urban voters , union workers , college graduates , women , African Americans , American Jews , LGBT+ people , and the unmarried . On social issues, it advocates for abortion rights , voting rights , LGBT rights , action on climate change , and the legalization of marijuana . On economic issues, the party favors healthcare reform , universal child care , paid sick leave and supporting unions . In foreign policy,

3726-678: Is the case of Pruneyard Shopping Center v. Robins , in which "free speech" rights beyond those addressed by the First Amendment to the United States Constitution were found in the California Constitution by the California courts. One of California's most significant prohibitions is against "cruel or unusual punishment," a stronger prohibition than the U.S. Constitution's Eighth Amendment prohibition against "cruel and unusual punishment." The Constitution of California

3864-515: Is the largest party in the U.S. and the fourth largest in the world . Including the incumbent Biden, 16 Democrats have served as president of the United States. The Democratic-Republican Party splintered in 1824 into the short-lived National Republican Party and the Jacksonian movement which in 1828 became the Democratic Party. Under the Jacksonian era, the term "The Democracy" was in use by

4002-531: Is the organization for Americans living outside the United States. They work to advance the party's goals and encourage Americans living abroad to support the Democrats. The Young Democrats of America (YDA) and the High School Democrats of America (HSDA) are young adult and youth-led organizations respectively that attempt to draw in and mobilize young people for Democratic candidates but operates outside of

4140-517: Is the unofficial song of the Democratic Party. It was used prominently when Franklin D. Roosevelt was nominated for president at the 1932 Democratic National Convention and remains a sentimental favorite for Democrats. For example, Paul Shaffer played the theme on the Late Show with David Letterman after the Democrats won Congress in 2006. " Don't Stop " by Fleetwood Mac was adopted by Bill Clinton 's presidential campaign in 1992 and has endured as

4278-439: Is the world's oldest active political party. It initially supported expansive presidential power , agrarianism , and geographical expansionism , while opposing a national bank and high tariffs . From 1848 it was dominated by the interests of slave states until it split in 1860 over slavery . It won the presidency only twice between 1860 and 1912, although it won the popular vote two more times in that period. In

Supreme Court of California - Misplaced Pages Continue

4416-472: Is used for educational purposes. The California Constitution distinguishes between constitutional amendments and constitutional revisions, the latter of which is considered to be a "substantial change to the entire constitution, rather than ... a less extensive change in one or more of its provisions". Both require passage of a California ballot proposition by the voters, but they differ in how they may be proposed. A constitutional amendment may be placed on

4554-545: The 1848 presidential election , before returning to the Democratic Party and staying loyal to the Union. The Democrats split over slavery, with Northern and Southern tickets in the election of 1860 , in which the Republican Party gained ascendancy. The radical pro-slavery Fire-Eaters led walkouts at the two conventions when the delegates would not adopt a resolution supporting the extension of slavery into territories even if

4692-435: The 1984 and 1988 presidential elections , respectively. Many Democrats attached their hopes to the future star of Gary Hart , who had challenged Mondale in the 1984 primaries running on a theme of "New Ideas"; and in the subsequent 1988 primaries became the de facto front-runner and virtual "shoo-in" for the Democratic presidential nomination before a sex scandal ended his campaign. The party nevertheless began to seek out

4830-533: The 2020 presidential election . He began his term with extremely narrow Democratic majorities in the U.S. House and Senate. During the Biden presidency, the party has been characterized as adopting an increasingly progressive economic agenda . In 2022, Biden appointed Ketanji Brown Jackson , the first Black woman on the Supreme Court . However, she was replacing liberal justice Stephen Breyer , so she did not alter

4968-629: The Democratic National Convention . The national convention is subject to the charter of the party and the ultimate authority within the Democratic Party when it is in session, with the DNC running the party's organization at other times. Since 2021, the DNC has been chaired by Jaime Harrison . Each state also has a state committee, made up of elected committee members as well as ex officio committee members (usually elected officials and representatives of major constituencies), which in turn elects

5106-649: The Mexican–American War and in advance of California's Admission to the Union in 1850. The constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878–79 . Many of the individual rights clauses in the state constitution have been construed as protecting rights even broader than the United States Bill of Rights in the Federal Constitution . An example

5244-551: The New Deal . New Deal liberalism meant the regulation of business (especially finance and banking) and the promotion of labor unions as well as federal spending to aid the unemployed, help distressed farmers and undertake large-scale public works projects. It marked the start of the American welfare state. The opponents, who stressed opposition to unions, support for business and low taxes, started calling themselves "conservatives". Until

5382-951: The State Compensation Insurance Fund , the California Department of Alcoholic Beverage Control , and the State Bar of California ; the purpose of such amendments was to insulate the agencies from being attacked as an unconstitutionally broad exercise of police power or inherent judicial power. Unlike other state constitutions, the California Constitution strongly protects the corporate existence of cities and counties and grants them broad plenary home rule powers. The constitution gives charter cities, in particular, supreme authority over municipal affairs, even allowing such cities' local laws to trump state law. By specifically enabling cities to pay counties to perform governmental functions for them, Section 8 of Article XI resulted in

5520-464: The U.S. state of California , describing the duties, powers, structures and functions of the government of California . California's constitution was drafted in both English and Spanish by American pioneers , European settlers, and Californios ( Hispanics of California ) and adopted at the 1849 Constitutional Convention of Monterey , following the American Conquest of California and

5658-741: The United States Court of Appeals for the Ninth Circuit . The Court is open for business year-round (as opposed to operating only during scheduled "terms" as is commonplace in jurisdictions that observe the legal year ). The Court hears oral argument at least one week per month, 10 months each year (except July and August). It has been headquartered in San Francisco since 1874. Since 1878, it has regularly heard oral argument each year at San Francisco (four months), Los Angeles (four months), and Sacramento (two months). According to Justice Liu, when

Supreme Court of California - Misplaced Pages Continue

5796-797: The Versailles Treaty (ending the war with Germany and joining the League of Nations). The weakened party was deeply divided by issues such as the KKK and prohibition in the 1920s. However, it did organize new ethnic voters in Northern cities. After World War I ended and continuing through the Great Depression , the Democratic and Republican Parties both largely believed in American exceptionalism over European monarchies and state socialism that existed elsewhere in

5934-634: The Vietnam War in the 1960s was another divisive issue that further fractured the fault lines of the Democrats' coalition. After the Gulf of Tonkin Resolution in 1964, President Johnson committed a large contingency of combat troops to Vietnam, but the escalation failed to drive the Viet Cong from South Vietnam, resulting in an increasing quagmire , which by 1968 had become the subject of widespread anti-war protests in

6072-524: The Whigs and modern Republicans. Historians argue that the modern Democratic Party was first organized in the late 1820s with the election of war hero Andrew Jackson of Tennessee, making it the world's oldest active political party. It was predominately built by Martin Van Buren , who assembled a wide cadre of politicians in every state behind Jackson. Since the nomination of William Jennings Bryan in 1896,

6210-613: The election of 1864 , which featured Andrew Johnson on the Union ticket to attract fellow Democrats. Johnson replaced Lincoln in 1865, but he stayed independent of both parties. The Democrats benefited from white Southerners' resentment of Reconstruction after the war and consequent hostility to the Republican Party. After Redeemers ended Reconstruction in the 1870s and following the often extremely violent disenfranchisement of African Americans led by such white supremacist Democratic politicians as Benjamin Tillman of South Carolina in

6348-481: The gold standard ; opposed bimetallism ; and crusaded against corruption, high taxes and tariffs. Cleveland was elected to non-consecutive presidential terms in 1884 and 1892 . Agrarian Democrats demanding free silver , drawing on Populist ideas, overthrew the Bourbon Democrats in 1896 and nominated William Jennings Bryan for the presidency (a nomination repeated by Democrats in 1900 and 1908). Bryan waged

6486-581: The popular vote , but after a controversial election dispute over a Florida recount settled by the U.S. Supreme Court (which ruled 5–4 in favor of Bush ), he lost the 2000 election to Republican opponent George W. Bush in the Electoral College . In the wake of the 2001 terrorist attacks on the World Trade Center and the Pentagon as well as the growing concern over global warming , some of

6624-460: The 1880s and 1890s, the South, voting Democratic, became known as the " Solid South ". Although Republicans won all but two presidential elections, the Democrats remained competitive. The party was dominated by pro-business Bourbon Democrats led by Samuel J. Tilden and Grover Cleveland , who represented mercantile, banking, and railroad interests; opposed imperialism and overseas expansion; fought for

6762-507: The 1960s, the core bases of the parties shifted, with the Southern states becoming more reliably Republican and the Northeastern states becoming more reliably Democratic. The party's labor union element has become smaller since the 1970s, and as the American electorate shifted in a more conservative direction following the presidency of Ronald Reagan , the election of Bill Clinton marked

6900-561: The 1980s, the Democratic Party was a coalition of two parties divided by the Mason–Dixon line: liberal Democrats in the North and culturally conservative voters in the South, who though benefitting from many of the New Deal public works projects, opposed increasing civil rights initiatives advocated by northeastern liberals. The polarization grew stronger after Roosevelt died. Southern Democrats formed

7038-457: The 1986 general election. Newly reelected Governor George Deukmejian was then able to elevate Associate Justice Malcolm M. Lucas to Chief Justice and appoint three new associate justices (one to replace Lucas in his old post and two to replace Reynoso and Grodin). Between 1879 and 1966, the court was divided by the state constitution into two three-justice panels, Department One and Department Two. The chief justice divided cases evenly between

SECTION 50

#1732837538298

7176-734: The 2016–2017 fiscal year), the Court ordered that six superior court judges be selected from the pool that took office after July 1, 2017, to serve as the substitute justices for the six sitting justices, with the senior judge among that group serving as the acting Chief Justice; that acting Supreme Court eventually denied the petition for review. Six current justices were appointed by Democrats (Liu, Kruger, Groban, Jenkins, Guerrero and Evans) and one by Republicans (Corrigan). There are three African American (Kruger, Jenkins, Evans) justices, one East Asian American justice (Liu), two non-Hispanic white justices (Corrigan, Groban) and one Latina (Guerrero). One justice earned an undergraduate degree from

7314-444: The California Constitution, to be considered for appointment, as with any California judge, a person must be an attorney admitted to practice in California or have served as a judge of a California court for 10 years immediately preceding the appointment. To fill a vacant position, the Governor must first submit a candidate's name to the Commission on Judicial Nominees Evaluation of the State Bar of California, which prepares and returns

7452-530: The California Courts of Appeal were created in 1904. This resulted in provisions in the 1879 Constitution requiring the Court to decide all cases in writing with reasons given (to get rid of minor cases, it had often given summary dispositions with no reasons given) and requiring California judges to certify in writing every month that no matter submitted for consideration had been outstanding for more than 90 days, or else they will not be paid. To comply with

7590-414: The California Courts of Appeal which were initially not published. The California Supreme Court has handed down important and influential decisions since 1850. Some of the most significant of these important and influential Court decisions are listed below in date ascending order. Most of the Court decisions that follow were landmark decisions that were among the first such decisions in the United States or

7728-611: The Common Man " is traditionally performed at the beginning of the Democratic National Convention. The Democratic National Committee (DNC) is responsible for promoting Democratic campaign activities. While the DNC is responsible for overseeing the process of writing the Democratic Platform, the DNC is more focused on campaign and organizational strategy than public policy . In presidential elections, it supervises

7866-428: The Court began to direct that some opinions should not be reported, and this procedure was retroactively approved by the legislature in an 1860 statute. Over 1,800 unreported opinions were filed by the Court over the next 25 years (which includes the 700 unreported opinions filed by the commissioners). The Pacific Reporter started to collect and publish the Court's unreported opinions at its launch in 1883, and then

8004-488: The Court gave in and switched back to publication of all opinions. A small group of lawyers later recovered and compiled all the unreported opinions filed by the Supreme Court and the Supreme Court Commission before that point, which were published in a separate seven-volume reporter called California Unreported Cases starting in 1913. Despite its name, those cases are citable as precedent. The Court supervises

8142-455: The Court has averaged 5,200 petitions for writs of certiorari and 3,400 petitions for habeas corpus , plus 40 additional petitions from inmates already on death row. In an average year the Court will decide to hear 83 cases and will be required to hear appeals from 20 new inmates joining death row. Each week, the Court votes on 150 to 300 petitions, paying special attention to a staff-recommended "A list" as well as to certified questions from

8280-611: The Court has sponsored a state constitutional amendment to allow it to assign death penalty appeals to the California Courts of Appeal. The Court has discretionary appellate jurisdiction over all cases reviewed by the Courts of Appeal; the latter were created by a 1904 constitutional amendment to relieve the Supreme Court of most of its workload so the Court could then focus on dealing with non-frivolous appeals that involved important issues of law. According to research by Justice Goodwin Liu, each year

8418-412: The Court's jurisdiction. Thus, the Court has decided a number of cases by, between, and against such companies, as well as several cases involving Hollywood celebrities and high-tech executives. The California Supreme Court and all lower California state courts use a different writing style and citation system from the federal courts and many other state courts. California citations have the year between

SECTION 60

#1732837538298

8556-417: The Democratic Party supported expansive presidential power , the interests of slave states , agrarianism , and expansionism , while opposing a national bank and high tariffs . The Democratic-Republican Party split over the choice of a successor to President James Monroe . The faction that supported many of the old Jeffersonian principles , led by Andrew Jackson and Martin Van Buren , became

8694-407: The Democratic Party while red has become the identifying color for the Republican Party. That night, for the first time all major broadcast television networks used the same color scheme for the electoral map: blue states for Al Gore (Democratic nominee) and red states for George W. Bush (Republican nominee). Since then, the color blue has been widely used by the media to represent the party. This

8832-407: The Democratic Party, including the former Clinton administration , has been referred to as " Third Way ". The Democrats lost control of Congress in the 1994 elections to the Republicans, however, in 1996 Clinton was re-elected, becoming the first Democratic president since Franklin D. Roosevelt to win a second full term. Clinton's vice president Al Gore ran to succeed him as president, and won

8970-537: The Democrats but had the effect of alienating Southern whites who would eventually gravitate toward the Republican Party, particularly after the election of Ronald Reagan to the presidency in 1980. Many conservative Southern Democrats defected to the Republican Party , beginning with the passage of the Civil Rights Act of 1964 and the general leftward shift of the party. The United States' involvement in

9108-494: The Democrats led to a Republican victory and Abraham Lincoln was elected the 16th president of the United States. As the American Civil War broke out, Northern Democrats were divided into War Democrats and Peace Democrats . The Confederate States of America deliberately avoided organized political parties. Most War Democrats rallied to Republican President Abraham Lincoln and the Republicans' National Union Party in

9246-697: The Federalist Party. The Democratic-Republican Party favored republicanism ; a weak federal government ; states' rights ; agrarian interests (especially Southern planters); and strict adherence to the Constitution. The party opposed a national bank and Great Britain . After the War of 1812 , the Federalists virtually disappeared and the only national political party left was the Democratic-Republicans, which

9384-506: The Obama presidency, the party moved forward reforms including an economic stimulus package, the Dodd–Frank financial reform act, and the Affordable Care Act . In the 2010 midterm elections , the Democratic Party lost control of the House as well as its majorities in several state legislatures and governorships. In the 2012 elections , President Obama was re-elected, but the party remained in

9522-580: The Reporter of Decisions, publishes the California Style Manual for use by the California Courts of Appeal and the superior courts . As The Wall Street Journal stated, in 1972: The state's high court over the past 20 years has won a reputation as perhaps the most innovative of the state judiciaries, setting precedents in areas of criminal justice, civil liberties, racial integration, and consumer protection that heavily influence other states and

9660-439: The Republican eagle. The rooster was also adopted as an official symbol of the national Democratic Party. In 1904, the Alabama Democratic Party chose, as the logo to put on its ballots, a rooster with the motto "White supremacy – For the right." The words "White supremacy" were replaced with "Democrats" in 1966. In 1996, the Alabama Democratic Party dropped the rooster, citing racist and white supremacist connotations linked with

9798-424: The U.S. House and expanded its majority in the U.S. Senate, along with several gains at the state level. In July 2024, after a series of age and health concerns , Biden became the first incumbent president since Lyndon B. Johnson in 1968 to withdraw from running for reelection, the first since the 19th century to withdraw after serving only one term, and the only one to ever withdraw after already winning

9936-401: The United States . Since the late 1850s, its main political rival has been the Republican Party ; the two parties have since dominated American politics. The Democratic Party was founded in 1828. Martin Van Buren of New York played the central role in building the coalition of state organizations that formed a new party as a vehicle to elect Andrew Jackson of Tennessee. The Democratic Party

10074-495: The United States after World War II included the Cold War and the civil rights movement . Republicans attracted conservatives and, after the 1960s, white Southerners from the Democratic coalition with their use of the Southern strategy and resistance to New Deal and Great Society liberalism. Until the 1950s, African Americans had traditionally supported the Republican Party because of its anti-slavery civil rights policies. Following

10212-552: The United States and elsewhere. With increasing casualties and nightly news reports bringing home troubling images from Vietnam, the costly military engagement became increasingly unpopular, alienating many of the kinds of young voters that the Democrats had attracted in the early 1960s. The protests that year along with assassinations of Martin Luther King Jr. and Democratic presidential candidate Senator Robert F. Kennedy (younger brother of John F. Kennedy) climaxed in turbulence at

10350-637: The Whig Party. The Democratic Party had a small yet decisive advantage over the Whigs until the 1850s when the Whigs fell apart over the issue of slavery. In 1854, angry with the Kansas–Nebraska Act , anti-slavery Democrats left the party and joined Northern Whigs to form the Republican Party . Martin van Buren also helped found the Free Soil Party to oppose the spread of slavery, running as its candidate in

10488-476: The ballot by either a two-thirds vote in the California State Legislature or by signatures equal to 8% of the votes cast in the last gubernatorial election through the exercise of the initiative power by the voters. The signature requirement for constitutional amendments is among the lowest thresholds for similar measures of any U.S. state . As of 2023 , this was 874,641 signatures compared to

10626-546: The campaign, Kennedy attracted a new generation of younger voters. In his agenda dubbed the New Frontier , Kennedy introduced a host of social programs and public works projects, along with enhanced support of the space program , proposing a crewed spacecraft trip to the moon by the end of the decade. He pushed for civil rights initiatives and proposed the Civil Rights Act of 1964 , but with his assassination in November 1963, he

10764-416: The cases before them). Many important legal concepts have been pioneered or developed by the Court, including strict liability for defective products , fair procedure , negligent infliction of emotional distress , palimony , insurance bad faith , wrongful life , and market-share liability . The major film studios in and around Hollywood and the high-tech firms of Silicon Valley both fall under

10902-458: The chronic backlog. The Commission was also subject to heavy criticism as an unelected "auxiliary court". Attorneys who enjoyed appellate work but had difficulty holding onto judicial seats in partisan elections repeatedly bounced back and forth between serving as elected justices and unelected commissioners. After two more decades of debate, the state legislature recognized that the state needed to establish intermediate appellate courts and referred

11040-432: The clerk's office at that time. The Court is one of the few U.S. courts apart from the U.S. Supreme Court that enjoys the privilege of having its opinions routinely published in three hardcover reporters . The Court's Reporter of Decisions contracts with a private publisher (currently LexisNexis ) to publish the official reporter, California Reports , now in its fifth series; note that the series number changes whenever

11178-430: The concentration of economic and political power. They believed that government intervention in the economy benefited special-interest groups and created corporate monopolies that favored the rich. They sought to restore the independence of the individual—the artisan and the ordinary farmer—by ending federal support of banks and corporations and restricting the use of paper currency, which they distrusted. Their definition of

11316-432: The confusion of the Democrats that year, and won the 1968 election to become the 37th president. He won re-election in a landslide in 1972 against Democratic nominee George McGovern , who like Robert F. Kennedy, reached out to the younger anti-war and counterculture voters, but unlike Kennedy, was not able to appeal to the party's more traditional white working-class constituencies. During Nixon's second term, his presidency

11454-420: The constitution. The California Constitution is one of the longest in the world. The length has been attributed to a variety of factors, such as the influence of previous Mexican civil law , a lack of faith in elected officials and the fact that many initiatives take the form of a constitutional amendment. Several amendments involved the authorization of the creation of state government agencies, including

11592-413: The constitution: the public state-run University of California and the private Stanford University . UC is one of only nine state-run public universities in the United States whose independence from political interference is expressly guaranteed by the state constitution. Since 1900, Stanford has enjoyed the benefit of a constitutional clause shielding Stanford-owned property from taxes as long as it

11730-430: The court's 6–3 split between conservatives (the majority) and liberals. After Dobbs v. Jackson (decided June 24, 2022), which led to abortion bans in much of the country , the Democratic Party rallied behind abortion rights . In the 2022 midterm elections , Democrats dramatically outperformed historical trends and a widely anticipated red wave did not materialize. The party only narrowly lost its majority in

11868-461: The editor of the state's official reporters. California has traditionally avoided the use of certain French and Latin phrases like en banc , certiorari , and mandamus , so California judges and attorneys use "in bank," "review," and "mandate" instead (though "in bank" has become quite rare after 1974). Finally, the Court has the power to "depublish" opinions by the Courts of Appeal (as opposed to

12006-487: The electorate approved the creation of a California Constitution Revision Commission, which worked on a comprehensive revision of the constitution from 1964 to 1976. The electorate ratified the commission's revisions in 1966, 1970, 1972, and 1974, but rejected the 1968 revision, whose primary substantive effect would have been to make the state's superintendent of schools into an appointed rather than an elected official. The Commission ultimately removed about 40,000 words from

12144-433: The federal bench. Statistical analyses conducted by LexisNexis personnel at the Court's request indicate that the decisions of the Supreme Court of California are by far the most followed of any state supreme court in the United States. Between 1940 and 2005, 1,260 decisions of the Court were expressly followed by out-of-state courts (meaning that those courts expressly found the Court's reasoning persuasive and applied it to

12282-500: The federal practice of not publishing certain "unpublished" opinions at all in the federal case reporters). This means that even though the opinion has already been published in the official state reporters, it will be binding only upon the parties. Stare decisis does not apply, and any new rules articulated will not be applied in future cases. Similarly, the California Supreme Court has the power to "publish" opinions by

12420-494: The female majority by appointing Leondra Kruger to succeed her; while this first female majority later ended with the 2017 retirement of Werdegar and appointment of Groban by Brown to succeed her, a second female majority was later established in 2022, upon the swearing-in of Guerrero to replace Mariano-Florentino Cuéllar . The Constitution of California gives the Court mandatory and exclusive appellate jurisdiction in all cases imposing capital punishment in California , although

12558-568: The first Latina to serve as chief justice. The court first had a female majority from 2011 to 2017. This majority had been achieved in 2011 after Republican Governor Arnold Schwarzenegger appointed Chief Justice Tani Cantil-Sakauye to the court, joining Justice Joyce L. Kennard (an appointee of Republican Governor George Deukmejian ), Justice Kathryn Werdegar (appointed by Republican Governor Pete Wilson ), and Justice Carol A. Corrigan (another Schwarzenegger appointee). When Kennard retired in 2014, Democratic Governor Jerry Brown preserved

12696-631: The hallmark of nineteenth-century American politics. Behind the platforms issued by state and national parties stood a widely shared political outlook that characterized the Democrats: The Democrats represented a wide range of views but shared a fundamental commitment to the Jeffersonian concept of an agrarian society. They viewed the central government as the enemy of individual liberty. The 1824 "corrupt bargain" had strengthened their suspicion of Washington politics. ... Jacksonians feared

12834-435: The height of the U.S. Progressive Era, to 1986, the California Constitution was amended or revised over 500 times. The constitution gradually became increasingly bloated, leading to abortive efforts towards a third constitutional convention in 1897, 1914, 1919, 1930, 1934 and 1947. By 1962, the constitution had grown to 75,000 words, which at that time was longer than any other state constitution but Louisiana's. That year,

12972-451: The hotly-contested Democratic National Convention that summer in Chicago (which amongst the ensuing turmoil inside and outside of the convention hall nominated Vice President Hubert Humphrey ) in a series of events that proved to mark a significant turning point in the decline of the Democratic Party's broad coalition. Republican presidential nominee Richard Nixon was able to capitalize on

13110-499: The image persisted and evolved. Its most lasting impression came from the cartoons of Thomas Nast from 1870 in Harper's Weekly . Cartoonists followed Nast and used the donkey to represent the Democrats and the elephant to represent the Republicans. In the early 20th century, the traditional symbol of the Democratic Party in Indiana, Kentucky, Oklahoma and Ohio was the rooster, as opposed to

13248-530: The issue to the electorate. In November 1904, Senate Constitutional Amendment No. 2 was approved by the state's voters, which abolished the Supreme Court Commission and created the California Courts of Appeal. All five commissioners were promptly appointed in 1905 to serve among the original nine justices of the Courts of Appeal. Except for one decade at its founding, the Court has never been required by constitutional or statutory law to publish all its opinions. The Court currently chooses to publish all opinions as

13386-562: The justices' salaries if the Court fails to then file a decision within 90 days. The Court issues unanimous opinions in 77% of cases, compared to 43% by the Supreme Court of the United States . Throughout the year (including July and August), the justices have a conference every Wednesday the Court is not hearing oral argument, with the exception of the last week, respectively, of November and December (Thanksgiving and New Year's). New opinions are published online on Monday and Thursday mornings at 10 a.m. Paper copies also become available through

13524-416: The late 1980s, the Court has turned away from the traditional use of law clerks , and has switched to permanent staff attorneys. Justices Goodwin Liu and Leondra Kruger, however, have returned to the traditional use of recent law school graduates as one-year clerks for some of their staff positions. The Court has about 85 staff attorneys, some of whom are attached to particular justices; the rest are shared as

13662-593: The late 19th century, it continued to oppose high tariffs and had fierce internal debates on the gold standard . In the early 20th century, it partially (not all factions) supported progressive reforms and opposed imperialism , with Woodrow Wilson winning the White House in 1912 and 1916 . Since Franklin D. Roosevelt was elected president in 1932, the Democratic Party has promoted a liberal platform that includes support for Social Security and unemployment insurance . The New Deal attracted strong support for

13800-404: The latter provision, the Court does not schedule oral argument until the justices and their staff attorneys have already studied the briefs, formulated their respective positions, and circulated draft opinions. Then, after the matter is formally "argued and submitted" before the Court, the justices can polish and file their opinions well before reaching the 90-day deadline. This differs sharply from

13938-539: The leadership of Nancy Pelosi . Democrats were extremely critical of President Trump, particularly his policies on immigration, healthcare, and abortion, as well as his response to the COVID-19 pandemic . In December 2019, Democrats in the House of Representatives impeached Trump , although he was acquitted in the Republican-controlled Senate. In November 2020, Democrat Joe Biden defeated Trump to win

14076-531: The lower courts (including the trial-level California superior courts ) through the Judicial Council of California and the California Commission on Judicial Performance, and also supervises California's legal profession through the State Bar of California . All lawyer admissions are done through recommendations of the State Bar, which then must be ratified by the Supreme Court, and attorney discipline

14214-479: The minority in the House of Representatives and lost control of the Senate in the 2014 midterm elections . After the 2016 election of Donald Trump , who lost the popular vote to Democratic nominee Hillary Clinton , the Democratic Party transitioned into the role of an opposition party and held neither the presidency nor Congress for two years. However, the party won back the House in the 2018 midterm elections under

14352-414: The modern Democratic Party. Historian Mary Beth Norton explains the transformation in 1828: Jacksonians believed the people's will had finally prevailed. Through a lavishly financed coalition of state parties, political leaders, and newspaper editors, a popular movement had elected the president. The Democrats became the nation's first well-organized national party ... and tight party organization became

14490-696: The names of the parties and the reference to the case reporter, as opposed to the national standard (the Bluebook ) of putting the year at the end. For example, the famous case Marvin v. Marvin , which established the standard for non-marital partners' ability to sue for their contributions to the partnership, is rendered Marvin v. Marvin (1976) 18 Cal.3d 660 [134 Cal.Rptr. 815, 557 P.2d 106] in California style, while it would be Marvin v. Marvin , 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976), in Bluebook style. The California citation style, however, has always been

14628-411: The nominee's qualifications, confirms the nomination. The nominee can then immediately fill an existing vacancy, or replace a departing justice at the beginning of the next judicial term. If a nominee is confirmed to fill a vacancy that arose partway through a judicial term, the justice must stand for retention during the next gubernatorial election. Voters then determine whether to retain the justice for

14766-534: The norm of common law jurisdictions outside the United States, including England, Canada and Australia. While the U.S. Supreme Court justices indicate the author of an opinion and who has "joined" the opinion at the start of the opinion, California justices always sign a majority opinion at the end, followed by "WE CONCUR," and then the names of the joining justices. California judges are traditionally not supposed to use certain ungrammatical terms in their opinions, which has led to embarrassing fights between judges and

14904-424: The one where the case originated) to select six other Court of Appeal justices from his district, and they formed an acting Supreme Court for the purpose of deciding that one case. However, in a later case where all members of the Court recused themselves when Governor Schwarzenegger sought a writ of mandate ( Schwarzenegger v. Court of Appeal (Epstein) ), seven justices of the Courts of Appeal were selected based on

15042-414: The opinions to which they sign their names and staff members are mere ghostwriters , the commissioners openly signed their opinions. Each of the approximately 4,400 appeals (3,700 reported, 700 unreported) handled by the commissioners was resolved by an opinion signed by one commissioner with the concurrence of two others. The opinions always ended in a recommended disposition, such as: "We find no error in

15180-443: The panels and also decided which cases would be heard "in bank" ( en banc ) by the Court sitting as a whole. During the late 1920s, the court gradually transitioned to routinely hearing all appeals in bank, apart from two unusual exceptions in 1941 when it again tried to sit in departments. The 1966 formal abolition of the department system merely confirmed how the court had been actually operating for quite some time. Oral argument

15318-534: The party from recent European immigrants but diminished the party's pro-business wing. From late in Roosevelt's administration through the 1950s, a minority in the party's Southern wing joined with conservative Republicans to slow and stop progressive domestic reforms. Following the Great Society era of progressive legislation under Lyndon B. Johnson , who was often able to overcome the conservative coalition in

15456-564: The party has generally positioned itself to the left of the Republican Party on economic issues. Democrats have been more liberal on civil rights since 1948, although conservative factions within the Democratic Party that opposed them persisted in the South until the 1960s. On foreign policy, both parties have changed positions several times. The Democratic Party evolved from the Jeffersonian Republican or Democratic-Republican Party organized by Jefferson and Madison in opposition to

15594-495: The party supports liberal internationalism as well as tough stances against China and Russia . Democratic Party officials often trace its origins to the Democratic-Republican Party , founded by Thomas Jefferson , James Madison and other influential opponents of the conservative Federalists in 1792. That party died out before the modern Democratic Party was organized; the Jeffersonian party also inspired

15732-412: The party's key issues in the early 21st century have included combating terrorism while preserving human rights, expanding access to health care, labor rights , and environmental protection. Democrats regained majority control of both the House and the Senate in the 2006 elections . Barack Obama won the Democratic Party's nomination and was elected as the first African American president in 2008. Under

15870-460: The party, but inflation and the Iran Hostage Crisis of 1979–1980 took their toll, resulting in a landslide victory for Republican presidential nominee Ronald Reagan in 1980, which shifted the political landscape in favor of the Republicans for years to come. The influx of conservative Democrats into the Republican Party is often cited as a reason for the Republican Party's shift further to

16008-453: The party, but the name "Democratic Party" was eventually settled upon and became the official name in 1844. Members of the party are called "Democrats" or "Dems". The most common mascot symbol for the party has been the donkey, or jackass. Andrew Jackson 's enemies twisted his name to "jackass" as a term of ridicule regarding a stupid and stubborn animal. However, the Democrats liked the common-man implications and picked it up too, therefore

16146-556: The passage of the Civil Rights Act of 1964 and Voting Rights Act of 1965 , the Southern states became more reliably Republican in presidential politics, while Northeastern states became more reliably Democratic. Studies show that Southern whites, which were a core constituency in the Democratic Party, shifted to the Republican Party due to racial backlash and social conservatism . The election of President John F. Kennedy from Massachusetts in 1960 partially reflected this shift. In

16284-484: The practice in all other federal and state appellate courts, where judges can schedule oral argument not long after written briefing is finished, but then may take many months (or even a year) after oral argument to file their opinions. In March 1885, the state legislature authorized the creation of the Supreme Court Commission to help with the Court's overwhelming backlog of pending appeals. The justices were initially allowed to hire three commissioners. Since oral argument

16422-401: The primaries . As of 2024, Democrats hold the presidency and a majority in the U.S. Senate , as well as 23 state governorships , 19 state legislatures , 17 state government trifectas , and the mayorships in the majority of the country's major cities. Three of the nine current U.S. Supreme Court justices were appointed by Democratic presidents. By registered members, the Democratic Party

16560-508: The proper role of government tended to be negative, and Jackson's political power was largely expressed in negative acts. He exercised the veto more than all previous presidents combined. ... Nor did Jackson share reformers' humanitarian concerns. He had no sympathy for American Indians, initiating the removal of the Cherokees along the Trail of Tears . Opposing factions led by Henry Clay helped form

16698-528: The publisher changes, although the most recent changeover to the fifth series did not involve a change in reporter. West publishes California decisions in both the California Reporter (in its second series) and the Pacific Reporter (in its third series). (The New York Court of Appeals opinions are similarly published in three reporters.) Each justice has five assigned chambers attorneys. Since

16836-434: The record and the judgment should be affirmed." Originally, this was followed by a one-line unsigned per curiam statement in the name of "The Court," such as: "For the reasons given in the foregoing opinion the judgment is affirmed." Starting in 1892, the three justices who reviewed and summarily adopted each commissioners' opinion began to also sign their names. The commissioners were only partially successful in reducing

16974-447: The regular rotational basis, not from the same district, with the most senior one serving as the acting chief justice, and that acting supreme court eventually denied the writ petition. In a yet more recent case ( Mallano v. Chiang ) where all members of the Court recused themselves on a petition for review by retired Court of Appeal justices on a matter involving those justices' salaries (that apparently involved matters up to and including

17112-472: The remainder of the judicial term. At the term's conclusion, justices must again undergo a statewide retention election for a full 12-year term. If a majority votes "no", the seat becomes vacant and may be filled by the Governor. The electorate has occasionally exercised the power not to retain justices. Chief Justice Rose Bird and Associate Justices Cruz Reynoso and Joseph Grodin were staunchly opposed to capital punishment and were subsequently removed in

17250-511: The right during the late 20th century as well as the shift of its base from the Northeast and Midwest to the South. With the ascendancy of the Republicans under Ronald Reagan, the Democrats searched for ways to respond yet were unable to succeed by running traditional candidates, such as former vice president and Democratic presidential nominee Walter Mondale and Massachusetts Governor Michael Dukakis , who lost to Reagan and George H.W. Bush in

17388-426: The rise of the contract city . Article 4, Section 8(d) defines an "urgency statute" as one "necessary for immediate preservation of the public peace, health, or safety"; any proposed bill including such a provision includes a "statement of facts constituting the necessity" and a two-thirds majority of each house is required to also separately pass the bill's urgency section. Many of the individual rights clauses in

17526-637: The state constitution have been construed as protecting rights broader than the Bill of Rights in the federal constitution . Two examples include (1) the Pruneyard Shopping Center v. Robins case involving an implied right to free speech in private shopping centers , and (2) the first decision in America in 1972 found that the death penalty is unconstitutional. California v. Anderson , 6 Cal. 3d 628. This noted that under California's state constitution

17664-406: The symbol. The rooster symbol still appears on Oklahoma, Kentucky, Indiana, and West Virginia ballots . In New York, the Democratic ballot symbol is a five-pointed star. Although both major political parties (and many minor ones) use the traditional American colors of red, white, and blue in their marketing and representations, since election night 2000 blue has become the identifying color for

17802-414: The voters of those territories did not want it. These Southern Democrats nominated the pro-slavery incumbent vice president, John C. Breckinridge of Kentucky, for president and General Joseph Lane , of Oregon, for vice president. The Northern Democrats nominated Senator Stephen A. Douglas of Illinois for president and former Georgia Governor Herschel V. Johnson for vice president. This fracturing of

17940-459: The world by total number of words. This has led politicians and political scientists to argue the procedures for amending the California constitution are too lax, creating a state constitution that is filled with irrelevant detail and incoherent policies created by conflicting majorities attempting to impose their will on each other by the ballot process. The Constitution of California has undergone numerous changes since its original drafting. It

18078-420: The world. [REDACTED] Media related to Supreme Court of California at Wikimedia Commons 37°46′50″N 122°25′04″W  /  37.7806°N 122.4178°W  / 37.7806; -122.4178 California Constitution [REDACTED] [REDACTED] [REDACTED] The Constitution of California ( Spanish : Constitución de California ) is the primary organizing law for

18216-533: The world. The Great Depression in 1929 that began under Republican President Herbert Hoover and the Republican Congress set the stage for a more liberal government as the Democrats controlled the House of Representatives nearly uninterrupted from 1930 until 1994, the Senate for 44 of 48 years from 1930, and won most presidential elections until 1968. Franklin D. Roosevelt , elected to the presidency in 1932, came forth with federal government programs called

18354-441: Was mandatory only for in bank hearings of appeals, which meant that many appeals were decided by three-justice departments on the briefs alone. However, the state constitution required department decisions to be unanimous to produce a final judgment. Any dissent automatically triggered an in bank hearing. After a constitutional amendment in 1966, the Court currently sits in bank (all seven together) when hearing all appeals. When there

18492-522: Was not able to see its passage. Kennedy's successor Lyndon B. Johnson was able to persuade the largely conservative Congress to pass the Civil Rights Act of 1964, and with a more progressive Congress in 1965 passed much of the Great Society , including Medicare and Medicaid , which consisted of an array of social programs designed to help the poor, sick, and elderly. Kennedy and Johnson's advocacy of civil rights further solidified black support for

18630-473: Was not mandatory except for in bank hearings of appeals, the justices began to assign cases to the commissioners which could likely be resolved on the briefs alone. The number of commissioners was expanded in five in 1889. In retrospect, the commissioners can be seen as an important precursor of the law clerks and staff attorneys which the Court began to hire in the 1930s. In contrast to modern practice, where appellate justices are expected to take ownership of

18768-501: Was prone to splinter along regional lines. The era of one-party rule in the United States, known as the Era of Good Feelings , lasted from 1816 until 1828, when Andrew Jackson became president. Jackson and Martin Van Buren worked with allies in each state to form a new Democratic Party on a national basis. In the 1830s, the Whig Party coalesced into the main rival to the Democrats. Before 1860,

18906-468: Was rewritten from scratch several times before the drafting of the current 1879 constitution, which has itself been amended or revised (see below ). In response to widespread public disgust with the powerful railroads that controlled California's politics and economy at the start of the 20th century, Progressive Era politicians pioneered the concept of aggressively amending the state constitution by initiative in order to remedy perceived evils. From 1911,

19044-473: Was rocked by the Watergate scandal, which forced him to resign in 1974. He was succeeded by vice president Gerald Ford , who served a brief tenure. Watergate offered the Democrats an opportunity to recoup, and their nominee Jimmy Carter won the 1976 presidential election. With the initial support of evangelical Christian voters in the South, Carter was temporarily able to reunite the disparate factions within

#297702