Isabella Carter
The Florida Constitution is divided into three main sections: a Preamble, articles, and amendments. The Preamble serves as an introduction, outlining the fundamental principles and values of the state. The articles detail the structure, powers, and responsibilities of the state government, including the legislative, executive, and judicial branches. The amendments section includes any changes or additions made since the constitution's original adoption, reflecting the evolving needs and values of the state and its citizens. The constitution also specifies systems of federalism, the process of amendment, and its own supremacy.
| Characteristics | Values |
|---|---|
| Preamble | Introduction, fundamental principles and purposes, values of the state |
| Articles | Structure, powers, and responsibilities of the state government, including the legislative, executive, and judicial branches |
| Amendments | Changes or additions since original adoption, reflecting evolving needs and values |
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What You'll Learn
Preamble
The Florida Constitution is divided into three main sections: a Preamble, articles, and amendments. The Preamble serves as an introduction, outlining the fundamental principles, core values, and purpose of the constitution. It expresses the reasons for its establishment and reflects the values of the state of Florida.
The Preamble of the Florida Constitution embodies the ideals and aspirations of the state and its people. It sets the tone for the entire document by declaring the intentions and objectives that the constitution seeks to achieve. The Preamble expresses gratitude to Almighty God for the constitutional liberty enjoyed by the people of Florida. It emphasizes the importance of perfecting the state's government, ensuring domestic tranquility, maintaining public order, and guaranteeing equal civil and political rights for all.
This introductory section establishes the foundation upon which the rest of the constitution is built. It reflects the values and beliefs that are deemed essential to the functioning and governance of Florida. By expressing these core values, the Preamble provides a guiding framework for interpreting and understanding the rights, responsibilities, and powers outlined in the subsequent articles and amendments.
The Preamble to the Florida Constitution also highlights the importance of a well-ordered and just society. It underscores the commitment to securing the benefits of constitutional liberty, perfecting the state's government, and ensuring equal rights for all citizens. This section sets the stage for the specific provisions and laws outlined in the articles and amendments that follow.
The Preamble, although not legally enforceable in itself, provides crucial context for interpreting the constitution as a whole. It serves as a reminder of the core principles that underpin the state's legal and governmental framework, influencing the way the constitution is applied and interpreted by lawmakers, judges, and citizens alike.
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Articles
The Florida Constitution is divided into a Preamble, Articles, and Amendments. The Articles outline the structure, powers, and responsibilities of the state government, including the legislative, executive, and judicial branches.
The first article of the Florida Constitution contains the state's bill of rights, which is very similar to the United States Bill of Rights. However, there are some notable differences. For example, there are elaborations very similar to interpretations of the Bill of Rights by the United States Supreme Court, such as a clause stating that the freedom of religion cannot be used to justify immoral acts. Florida's Declaration of Rights also states that capital punishment is not unconstitutional, and that search and seizure and cruel and unusual punishment protections are to be consistent with the United States Supreme Court's interpretation of those rights.
Article V establishes the Florida Supreme Court and the Florida District Courts of Appeal, as well as circuit and county courts, and describes how they are to be appointed and their jurisdiction. This article has been amended several times since the ratification of the 1968 Constitution. Notably, voters approved extensive amendments in 1972 to create a unified state courts system, reducing the different kinds of courts in Florida from ten to four. An amendment ratified in 1976 ended contested elections for Florida's appellate judges, making them subject to merit retention votes under a modified Missouri Plan.
Article VI, relating to suffrage and elections, and Article VIII, relating to local government, were proposed by the Senate Joint Resolution during a special session in 1968. Article V, relating to the judiciary, was carried forward from the Constitution of 1885, as amended.
Other sections of the Articles include Section 1(a), which mandates that the legislature will provide adequate funding to reduce class sizes, and Section 8, which discusses the Florida State University System and its bi-level governing structure. The Constitution also includes Sections on natural resources and scenic beauty, such as Section 7, which states that it shall be the policy of the state to conserve and protect its natural resources and scenic beauty, and provide for the abatement of air and water pollution.
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Amendments
The Florida Constitution provides for an executive, legislative, and judicial branch, with a separation of powers. The state's constitution is divided into three main sections: a Preamble, Articles, and Amendments.
The Amendments section of the Florida Constitution includes any changes or additions made to the original document since its adoption. These amendments reflect the evolving needs and values of the state and its citizens over time. Florida's constitution provides five methods for proposing amendments: by the Florida Legislature, with a three-fifths vote of the membership of both houses. When the Florida Constitution is amended, the official text of the document is edited, removing language that is no longer in force. The Division of Statutory Revision within the Office of Legislative Services is responsible for codifying new amendments and removing obsolete language.
The Amendments section includes the Bill of Rights, which is very similar to the United States Bill of Rights, with some elaborations. For example, it clarifies that the freedom of religion cannot be used to justify immoral acts and that capital punishment is not unconstitutional. It also includes protections against search and seizure and cruel and unusual punishment, which are to be interpreted consistently with the United States Supreme Court's rulings.
The Amendments outline the process of amendment and the supremacy of the constitution itself. For instance, in the event of an emergency, the legislature may depart from the requirements of the constitution to the extent necessary to meet the emergency. Additionally, the Amendments address specific issues such as classroom size requirements and funding for education, and the protection of natural resources and scenic beauty.
One notable amendment to the Florida Constitution was in 1972, which created a unified state courts system, placing all lower courts under the administrative supervision of Florida's chief justice. This reduced the number of different courts in the state from ten to four and established a uniform system for the first time in Florida's history.
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Bill of Rights
The Florida Constitution, as revised in 1968, includes a Bill of Rights in its first article. This Bill of Rights is very similar to the United States Bill of Rights, with some additional elaborations and clauses. For instance, it includes a clause stating that the freedom of religion cannot be used to justify immoral acts. It also specifies that capital punishment is not unconstitutional.
The Florida Constitution's Bill of Rights guarantees the people of Florida certain basic rights, including freedom of speech and press, the right to assemble, and the right to work. It also establishes the right to bear arms, due process, and protection from prohibited laws. The right against self-incrimination and the right to counsel are also enshrined in the constitution.
The Bill of Rights also addresses issues such as imprisonment for debt, specifically stating that no person shall be imprisoned for debt except in cases of fraud. It further provides protections against unreasonable searches and seizures, ensuring the security of individuals' persons, houses, papers, and effects. Additionally, the right to privacy is recognised, with the constitution stating that no person shall be subjected to the interception of private communications without probable cause and a properly issued warrant.
The Florida Constitution also includes provisions for the conservation and protection of the state's natural resources and scenic beauty. This includes the abatement of air and water pollution, with specific mention of the Everglades Agricultural Area, where those causing water pollution are held responsible for the costs of abatement. Furthermore, drilling for exploration or extraction of oil or natural gas is prohibited in certain areas to protect the people and the environment.
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Branches of government
The Florida Constitution establishes an executive, a legislative, and a judicial branch of government. It mandates a separation of powers, prohibiting any one branch from encroaching on the powers held by another and preventing any branch from delegating its powers.
The legislative branch is responsible for enacting laws and includes the state legislature. This branch has the power to depart from the constitution to meet emergency requirements, such as protecting the state's natural resources and scenic beauty. The legislature also has the power to propose amendments to the constitution, with a three-fifths vote of the membership of both houses.
The executive branch is responsible for implementing the laws enacted by the legislative branch. It includes the Governor, the Cabinet, and various departments and agencies. The Governor and Cabinet comprise the Administration Commission and the Land and Water Adjudicatory Commission. The executive branch also includes the Commissioner of Agriculture, who is not a member of the State Board of Administration, and the Division of Administrative Hearings, which is a division of the Department of Management Services.
The judicial branch interprets the laws and includes the Florida Supreme Court and the Florida District Courts of Appeal, as well as circuit and county courts. The Florida Supreme Court plays a crucial role in interpreting the "separation of powers" requirement to maintain the independence of each branch. The 1972 amendments to the constitution created a unified state court system, placing all lower courts under the administrative supervision of Florida's chief justice. This led to the creation of the Florida Office of the State Courts Administrator, which assists the chief justice.
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Frequently asked questions
Florida's constitution is divided into three main sections: a Preamble, Articles, and Amendments.
The Preamble serves as an introduction, stating the fundamental principles and purposes of the constitution. It expresses the reasons for establishing the constitution and outlines the values of the state.
The Articles detail the structure, powers, and responsibilities of the state government. They cover aspects such as the legislative, executive, and judicial branches, as well as suffrage and elections, and local government.
The Amendments include any changes or additions made to the constitution since its original adoption. These reflect the evolving needs and values of the state and its citizens over time. Amendments are proposed by the Florida Legislature, with a three-fifths vote of the membership of both houses.
