Malcolm Rivera
Florida has had six different constitutions since it joined the Union in 1845. The state's first constitution was adopted in 1838, predating its statehood. The current constitution, which was ratified on November 5, 1968, has been modified several times since. The Florida Constitution is a dynamic document that shapes the governance of the state and the rights of its citizens. It establishes the basic law of the state, outlining the responsibilities and limitations of government officials and delineating the rights of its citizens.
| Characteristics | Values |
|---|---|
| First constitution as a U.S. territory | Written and implemented in 1838 |
| Admission into the Union | 27th state on March 3, 1845 |
| Current constitution | Ratified on November 5, 1968 |
| Number of constitutions | Six |
| Number of amendments | 102 |
| Number of words | 39,000 |
| Number of signatures required for an initiated constitutional amendment | 8% of votes cast in the last presidential election |
| Voter approval required | 60% |
| Methods of execution | Any method allowed unless prohibited by the United States Constitution |
| Natural resources and scenic beauty | Conservation and protection |
| Governance | Local governments have considerable autonomy |
| Education | Free public education from pre-school through college |
| Minimum wage | Yes |
| Cruel and inhumane confinement of pigs during pregnancy | Limits |
| Right to privacy | Yes |
| Official language | English |
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What You'll Learn
Florida's 1838 Constitution
Florida has had six different constitutions since it joined the United States. The state's first constitution as a US territory was written and implemented in 1838.
The 1838 Constitution was drafted by 56 delegates from across the Territory of Florida, who convened in the coastal town of St. Joseph. The delegates were inspired by the constitutions of several other southern states, especially Alabama. The 1838 Constitution established a one-term governor, a bicameral legislature, tight restrictions on banking, and a strict separation of church and state.
The 1838 Constitution was approved by the United States Congress in 1845, and Florida was admitted to the Union as the 27th state. However, the original signed copy of the 1838 Constitution has never been found. The only known copy is considered a "secretary's copy".
In 1861, Florida seceded from the Union, and a new constitution was adopted to reflect this change. This new constitution made several amendments, including substituting "Confederate States" for "United States", removing the requirement that the governor be a citizen of the United States for ten years prior to their election, and declaring Florida "a sovereign and independent nation".
Following the Civil War, Florida drafted another new constitution as part of the process of restoring the state to the Union. This 1865 constitution was rejected by Congress, which placed Florida under military rule until 1868, when a new constitution was adopted, returning control of the state to civilians.
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The 1861 Constitution
Florida has been governed by six different constitutions since it became a US state. The current Constitution of Florida was ratified on November 5, 1968, and has been modified several times since.
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The Reconstruction Era Constitution
Florida has been governed by six different constitutions since it became part of the United States. The Reconstruction Era followed the American Civil War (1861-1865) and was a period in which the United States faced the challenges of reintegrating the former Confederate States into the Union and granting citizenship and equal rights to the newly freed slaves.
Florida's first constitution as a U.S. territory was written and implemented in 1838. In 1861, Florida adopted a revised constitution to secede from the Union, which included changes such as substituting "Confederate States" for "United States", removing the requirement for the governor to be a U.S. citizen for ten years prior to their election, and declaring Florida "a sovereign and independent nation".
After the Civil War, Florida drafted a new constitution in 1865, which was rejected by Congress as it did not meet the requirements for re-entry into the Union. During this period, Florida was placed under Radical Reconstruction, or military rule, until 1868. The 1868 Constitution returned control of the state to civilians and included constitutional conventions that gave Black men the right to vote.
The Reconstruction Era witnessed far-reaching changes in America's political life, with new laws and constitutional amendments that permanently altered the federal system and the definition of American citizenship. Three constitutional amendments, known as the Reconstruction Amendments, were adopted during this period: the Thirteenth Amendment, which abolished slavery; the Fourteenth Amendment, which granted citizenship to all persons born or naturalized in the United States; and the Fifteenth Amendment, which prohibited racial discrimination and ensured that African Americans could vote.
The Reconstruction Era is generally considered to have ended in 1877, with the reduction of the role of federal troops in regional politics. However, some historians propose later dates, such as 1890 or even 1920, when the Nineteenth Amendment was ratified, guaranteeing women's right to vote.
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The 1968 Constitution
Florida has had six different constitutions since it became a state in 1845. The current Florida Constitution, which is the sixth, was ratified on November 5, 1968, and has been modified by initiative and referendum several times since.
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Amendments and revisions
Florida has had six constitutions since it joined the Union in 1845, with the current version being the sixth and in place since 1968. This version has been amended 102 times since its adoption. The Florida Legislature has proposed 89 amendments in this period, 71 of which have been adopted. The Constitution Revision Commission has proposed 17 amendments, all of which have been accepted. The Tax and Budget Reform Commission has proposed four amendments, with two passing, one rejected, and one removed by the court.
The Florida Constitution provides five mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, a state constitutional convention process, and a commission-referral process with two commissions that have the power to refer amendments. For a citizen-initiated process, the number of signatures required for an amendment is equal to 8% of the votes cast in the last presidential election. This must be obtained in at least half (14) of the state's 27 congressional districts. A 60% supermajority vote is required for voter approval of constitutional amendments.
The 1968 constitution modernized the state government, reflecting the civil rights movements and shifting demographics of the time. It also streamlined the process for amendments, making it more accessible for citizens to propose changes. The constitution is organized into twelve articles, each addressing different aspects of state governance and individual rights.
Some notable amendments to the Florida Constitution include:
- Modifications to the amendment process itself.
- Parental notification of a minor's intent to terminate a pregnancy.
- Minimum wage increases.
- Limits on cruel and inhumane confinement of pigs during pregnancy.
- The right to privacy.
- A ban on smoking in all indoor workplaces.
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Frequently asked questions
Florida has its own constitution because it is a U.S. state, and each state has its own constitution.
Florida has had six different constitutions since it joined the Union in 1845. The current constitution was ratified in 1968 and has been amended 102 times since.
Florida's constitution can be amended through a citizen-initiated process, a legislative process, a state constitutional convention process, and a commission-referral process. A 60% supermajority vote is required for voters to approve constitutional amendments.
