Florida Constitutional Law Outline

Florida Constitutional Law Outline

Chapter 1: An Introduction to Studying the Florida Constitution

Introduction

The governmental power of a state does not flow from its constitution. The source of a state’s governmental power is, rather, inherent. The state’s constitution is, therefore, essentially a limitation on that inherent power. A government possessing this inherent power does not have to look for it in a document such as a constitution. Government possesses it b/c of the very fact that it is a government.

The Concept of the State Constitution

The State Constitution as a Limitation on Inherent State Governmental Power

In general

Peters v. Meeks:
i. State constitutions are limitations upon the power of the state legislature. The deletion of the quote had no effect on the commissioners b/c they have the inherent power to perform those duties. It does not need to be expressly granted by the Constitution.
ii. NOTE: It is not only a limitation on legislative power. The state constitution is a document of limitation on ALL state power.

Constitutional Language that Looks Like a Grant of Power

There are provisions in the Florida Constitution that appear to be grants of power, but they are not. There are three different types:
(1) Constitutional Language as a Legitimate Limitation on Power
(2) Constitutional Language as a Reaffirmation of Existing Inherent Power – exp. Peter v. Meeks
(3) Constitutional Language as an Allocation of Inherent Power

Self-Executing and Non-Self-Executing Provisions

St. John Medical Plans, Inc. v. Gutman:
i. “A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse.” This is not self executing b/c it needs additional legislation.
ii. Accepted definition of self executing: “The test in determining whether a constitutional provision should be construed to be self-executing, or not self-executing, is whether or not the provision lays down a SUFFICIENT RULE by means of which the right or purpose which it gives or is intended to accomplish may be determined, enjoyed, or protected WITHOUT THE AID OF LEGISLATIVE ENACTMENT.” If it provides a rule, it is self-executing.

The Formal Amending Process

In General

Fla. Const. art. XI
The Constitution can be amended in six ways:
1) Proposal by legislature
2) Revision commission
3) **Initiative
4) Constitutional convention
5) Amendment or revision election
6) Taxation and budget reform commission

Section 3: Initiative Provision: The power to propose the revision or amendment of any portion or portions of this constitution by initiative is reserved to the people, provided that, any such revision or amendment, except for those limiting the power of government to raise revenue, shall embrace but ONE SUBJECT AND MATTER directly connected therewith. SINGLE SUBJECT PROBLEM!!

The Single Subject Problem and the Ballot Summary Substance Problem

Advisory Opinion:
i. Courts should not look to whether an amendment is wise or not. This would take away from the people’s ability to vote for it.
ii. A. Single Subject Requirement: Remember that relates ONLY to proposed amendments proposed by initiative. The court is concerned with three things:
1. Financial Impact Statement – the Constitution for initiative now requires within the provision.
2. Prevents Logrolling – A practice whereby an amendment is proposed which contains unrelated provisions, some of which electors might wish to support, in order to get an otherwise disfavored provision passed. You get something you want at the expense of getting something that you do not want. To avoid this you should have “a logical and natural oneness of purpose.”
3. Initiative provision cannot alter or perform multiple functions of government. It cannot substantially cause multiple cataclysmic changes in state government. However, the fact that it may affect multiple areas is insufficient to invalidate on single subject grounds.
B. Ballot Title and Summary: Remember this applies to any of the ways in which amendments are proposed. By statute, there must be a ballot summary. It is a statutory provision. The ballot summary is there so that people know what they are voting on. People do not want to spend time reading the entire ballot. It cannot mislead and it must inform the voter of what is going on. NO BALLOT SUMMARY = NO PROVISION TO BE VOTED ON!
· Armstrong v. Harris: The court did not have a chance to look at the ballot summary before it went on the ballot. The proposed amendment then passed. It dealt with capital punishment. After it was passed, the court found that the ballot summary was defective because IT FLEW UNDER FALSE COLORS and HID THE BALL. The amendment was deleted.

A REFERENDUM is necessary for all 5 methods of amending the Constitution!!!!!
A referendum is subject to the Ballot Title and Summary Requirements under Fla. Stat. § 101.161.
-This statute provides that “the substance of the amendment or other public measure SHALL be an explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. . . . The ballot SHALL consist of a caption not exceeding 15 words in length, by which the measure is commonly referred to or spoken of.

The Integration of the Formal Amendment with the then Existing Constitution

A constitutional amendment should be construed so as to be in harmony with the existing Florida Constitution, if at all possible. However, when it is not possible, the amendment, being the latest expression of the will of the electorate, takes precedence. Also, constitutional provisions are not retroactive in application. Thus, the general rule is that state constitutional amendments are to be given prospective application unless it is clear that the amendment was specifically intended to be retroactive in application.

State v. Division of Bond Finance:
i. Amendment that is the last expression of the will of the people takes precedent.
ii. A