Download ppt - Making Amendments

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

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

The Hierarchy of LawThe Hierarchy of Law

City and County Laws

State Statutes (laws)

State Constitutions

Acts of Congress

United States Constitution

The U.S. The U.S. Constitution is Constitution is the the “Supreme “Supreme

Law of the Law of the Land.”Land.”

If there is a conflict between a lower law and a higher one, the

higher one “prevails”.

Fun Facts……India 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


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?


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?


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.


What’s in it?


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 Taxation

Article VIII: Local Government

Article IX: EducationArticle X:

MiscellaneousArticle XI:

AmendmentsArticle XII: Schedule



Amendment ProcessesFlorida has more ways to amend its

Constitution than any other state.5 ways to amend the Florida Constitution

(Article XI):1. Constitutional Revision Commission2. Taxation and Budget Commission3. Voter initiative to call a Constitutional

Convention4. Florida Legislature (Joint Resolution)5. Voter (ballot) initiative


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 Resolution

Need 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.



*A legislative initiative may also be referred to as a joint resolution.

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.


Legal Action FiledFour individuals filed a lawsuit against the

state regarding the ballot title and summary of the Florida Health Care Freedom Amendment 9

The individuals claimed the ballot title and summary misled the public of the amendment’s true intent


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 voters 3 misleading statements in the ballot summary


3 Misleading Statements in the Ballot Summary“Ensure access to health care services without

waiting lists.”The actual amendments said nothing about

waiting lists“Protect the doctor-patient relationship”

The actual amendment said nothing about this relationship and did not address doctor-patient confidentiality

“Guard against mandates that don’t work”Neither summary nor amendment mentioned

what mandates were at issue, why they work, or for whom they do not work


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 ballot


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.


Court Review of Voter InitiativesThe Court looks at two legal issues

Whether the proposed amendment’s 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

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.



Legislature Proposed

Amendments

Voter Proposed Amendments

Florida Supreme Court

Lower Courts

Legal action filed

Ballot

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 under the Florida Constitution and state statutes.

Debrief and discuss.


“If men were angels no government would be necessary.” – James Madison


Citationshttp://election.dos.state.fl.us/constitutional-

amendments/init-peti-process.shtmlhttp://en.wikipedia.org/wiki/Florida_Constitutionhttp://www.law.fsu.edu/journals/lawreview/

downloads/251/martin.pdfhttp://www.sagepub.com/lippmanstudy/state/fl/

Ch01_Florida.pdfhttp://www.tampabay.com/news/business/corporate/

florida-legislatures-proposed-constitutional-amendments-keep-getting/1112920

http://www.law.fsu.edu/journals/lawreview/issues/232/jameson.html#FNR138
