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Should Law Schools Teach The California Constitution?
Thursday, November 21, 2024

Yesterday's edition of the Los Angeles Daily Journal included an above the fold headline proclaiming "growing chorus for state constitutions should be taught in law schools". I don't recall such a course being offered when I was in law school more than four decades ago. However, according to the article, Stanford (not my alma mater) currently offers a course in state constitutional law, which it describes as a "neglected body of law".

My first real exposure to the California Constitution came when I began working as Deputy Secretary and General Counsel for the California Business, Transportation & Housing Agency. Since then, I have observed that many lawyers in private practice have scant knowledge about California's foundational document.

"Quien sabe dos lenguas, vale por dos."

California adopted its first constitution during the Gold Rush. It was handwritten on parchment in both Spanish and English. In fact, Article XI, Section 21 of the constitution provided "All laws, decrees, regulations, and provisions which from their nature require publication shall be published in English and Spanish. This constitution was ratified by the People on November 13, 1849, proclaimed on December 20, 1949, and amended in 1862. In 1878, a convention was held in Sacramento. This effort resulted in the 1879 Constitution.

The 1849 constitution included several provisions of interest to corporate lawyers. Among other things, Article IV, Section 36 imposed personal liability on corporate stockholders: "Each stockholder of a corporation, or joint-stock association shall be individually and personally liable for the his proportion of all its debts and liabilities". Times have changed and many provisions specific to private (as opposed to municipal) corporations, such as this are no longer found in California's current constitution. The current constitution does retain a "reservation clause" retaining the state's power to alter or repeal laws concerning corporations. Cal. Const. Art. XX, Sec. 5. However, this provision refers only to corporations and not to other forms of business entities, see Legislature Shuts The Barn Door After The Horse Has Bolted And Then Burns Down The Barn.

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