Making Amendments

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Making Amendments. What is a Constitution?. Establishes a plan of government or rule book for government Serves as a contract between the people and the government Sets forth the structure and functions of government Lists some of the rights of the people What else would you add?. - PowerPoint PPT Presentation

Text of Making Amendments

  • Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • What is a Constitution?Establishes a plan of government or rule book for governmentServes as a contract between the people and the governmentSets forth the structure and functions of governmentLists some of the rights of the people

    What else would you add?Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • What Does a Constitution Do?It limits power of the governmentIt assigns powers of the governmentIt organizes governmentIt establishes rule of lawIt protects the rights of the peopleAnything else?

    What is the difference between a Constitution and statutes? Should one be more general than the other?Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • The Hierarchy of LawCity and County LawsState Statutes (laws)State ConstitutionsActs of Congress

    United States ConstitutionThe U.S. Constitution is the Supreme Law of the Land.If there is a conflict between a lower law and a higher one, the higher one prevails.

  • Fun FactsIndia has the longest written Constitution of any sovereign country in the world 444 Articles, 12 schedules, 94 amendments

    US Constitution is the shortest 7 Articles and 27 Amendments Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Federal v. State ConstitutionsShould there be different expectations for what is included in the U.S. Constitution v. the State constitutions?How should a federal constitution differ from a state constitution?

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • What Should Be In a Constitution?Structure/design of the government?Goals and purposes of government?Powers given to the government?Rights given to the people?Protection of pigs?Size of classrooms?Wildlife conservation?

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Is it in the Florida Constitution?

    On your handout, Is It In the Florida Constitution?, determine if you think each item is in the Florida Constitution by circling Yes or No. Work on your own. Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Whats in it?Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Provisions of the Florida ConstitutionPreambleArticle I: Declaration of RightsArticle II: General ProvisionsArticle III: LegislatureArticle IV: ExecutiveArticle V: JudiciaryArticle VI: Suffrage and Elections

    Article VII: Finance and TaxationArticle VIII: Local GovernmentArticle IX: EducationArticle X: MiscellaneousArticle XI: AmendmentsArticle XII: Schedule

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Amendment ProcessesFlorida has more ways to amend its Constitution than any other state.5 ways to amend the Florida Constitution (Article XI):Constitutional Revision CommissionTaxation and Budget CommissionVoter initiative to call a Constitutional ConventionFlorida Legislature (Joint Resolution)Voter (ballot) initiativeDeveloped by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • I. Florida Legislature may propose amendments to the ConstitutionArticle XI, Section 1 Florida ConstitutionThe only way the Florida Legislature can propose an amendment to the Florida Constitution is through a Joint ResolutionNeed 3/5 votes of the membership of both houses for the proposed amendment to pass.Goes directly on the ballot for voter review unless challenged in the courts.Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Developed by The Florida Law Related Education Association, Inc, www.flrea.org*A legislative initiative may also be referred to as a joint resolution.

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Joint Resolution ExampleThe Florida Legislature proposed a constitutional amendment on Health Care Freedom.The full text of the amendment would ban laws that required people to participate in a health care system.Yet, the ballot summary stated that the amendment would ensure access to health care without waiting lists and would protect the doctor-patient relationship.The Legislature designated that the title and summary be placed on the ballot.

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Legal Action FiledFour individuals filed a lawsuit against the state regarding the ballot title and summary of the Florida Health Care Freedom Amendment 9The individuals claimed the ballot title and summary misled the public of the amendments true intent

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Trial CourtIn 2010, Amendment 9 was taken off the ballot following a court ruling by a Leon County circuit court judgeThe judge said the amendment was misleading and could confuse voters3 misleading statements in the ballot summaryDeveloped by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • 3 Misleading Statements in the Ballot SummaryEnsure access to health care services without waiting lists.The actual amendments said nothing about waiting listsProtect the doctor-patient relationshipThe actual amendment said nothing about this relationship and did not address doctor-patient confidentialityGuard against mandates that dont workNeither summary nor amendment mentioned what mandates were at issue, why they work, or for whom they do not work Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Florida Supreme CourtAn appeal was filed Florida Department of State v. Mona Mangat, et al.The Florida Supreme Court affirmed that the ballot language was misleading and ambiguous, upholding the circuit court decisionThe proposed constitutional amendment was removed from the ballotDeveloped by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • II. Voter Initiative ProposalsAlso called Citizen Initiative Petition or Ballot InitiativeArticle XI, Section 3 Florida ConstitutionFlorida Constitution grants the people the power to propose amendments to the ConstitutionSpecific signature and petition format requirementsAttorney General petitions the Supreme Court for advisory opinion regarding the compliance of the text of the proposed amendment with Article XI, Section 3 of the Florida Constitution and Section 101.161 F.S. Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Court Review of Voter InitiativesThe Court looks at two legal issuesWhether the proposed amendments title and summary are printed in clear and unambiguous language Whether the proposed amendment addresses a single subject

    The Court does NOT rule on the merits or wisdom of the proposed amendmentDeveloped by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • For both types of initiativesThe voters ultimately vote to decide if the proposal is added to the Florida Constitution. Requires 60% of voters to approve the proposal.The courts may or may not have a role in reviewing the initiative PRIOR to its placement on the ballot depending on the type of initiative.Once passed by the voters, it is included in the Florida Constitution.Developed by The Florida Law Related Education Association, Inc, www.flrea.org

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • Developed by The Florida Law Related Education Association, Inc, www.flrea.orgLegislature Proposed AmendmentsVoter Proposed AmendmentsFlorida Supreme CourtLower CourtsLegal action filed Ballot

    Developed by The Florida Law Related Education Association, Inc, www.flrea.org

  • You be the Judge Distribute copies of proposed constitutional amendments (one issue or proposal per group)Have the groups evaluate the proposals using the Handout and criteria set forth u