On The Evolution Of Municipal Home Rule Legislation In California In The Mid-later Of The 19th Century

The city occupies an important position in the history of the development of California.As a government unit that has been granted autonomous status,it has made great contributions to the development of California.Since it is an autonomous government unit,it must have corresponding constitutional provisions to regulate it and define its legal status.In the second half of the 19 th century,there were mainly two constitutions and one constitutional amendment that stipulated the legal status of the city.They were the 1849 Constitution,the1879 Constitution,and the 1896 Constitutional Amendment.From the perspective of these two constitutions and one amendment,this article explores the evolution of California's urban autonomy legislation in the latter half of the 19 th century.In the 1849 constitution,the city was in a weak position and was considered by the state legislature to be an appendage.It could arbitrarily intervene in various affairs of the city through special legislation,which undoubtedly harmed the interests of the people in the city.As the city began to occupy an increasingly important position and began to call for restricting the state's legislative intervention on the city,in this context,the Californian people held a constitutional convention and formulated the 1879 Constitution.Under this constitution,the state's power to intervene in urban affairs is strictly limited,and cities can only be created through the common law;cities are granted autonomous status,have the power to formulate their own charters,and grant broad powers to cities to manage their affairs.However,the power to manage their own affairs contained in the city charter is subject to the common law of the state.This leads to the fact that the state can also intervene in the affairs of the city through common law,and the city's autonomous status cannot be guaranteed.In this context,in 1896,the Californian people amended Article 11 Clause 6 of the 1879 Constitution,introducing the concept of “municipal affairs” and giving the city additional autonomy.The evolution of California's Municipal Home Rule under these two constitutionsand one constitutional amendment is intrinsically linked,namely,the expansion of city power,the original 1849 constitution restricting the power of the city,the greater trust between the state and the city of the former,and the constitution of 1879 Limiting the state's power to intervene in the city,giving city autonomy and the power to govern its own affairs,and trusting the latter more in between;and in the 1896 "municipal affairs" amendment giving the city additional autonomy.The evolution of California's Municipal Home Rule legislation has an important impact on California's society.It expands the power of city management in its own affairs,enables cities to better serve their residents,optimizes the allocation of public resources,and lays the foundation for subsequent reforms.