Omar Bennett
Florida has had several constitutions throughout its history, with the current one being ratified in 1968. Florida's first constitution as a US territory was written in 1838, and the state has been governed by six different constitutions since it joined the Union. The contents of these constitutions have been shaped by significant historical events, such as the Civil War and the enfranchisement of African Americans.
| Characteristics | Values |
|---|---|
| Date of first constitution | December 3, 1838 |
| Location of convention | St. Joseph (now known as Port St. Joe, Gulf County) |
| Number of delegates | 56 |
| Inspiration for the document | Constitutions of several other southern states, especially Alabama |
| Date of ratification | 1845 |
| Date of admission into the Union | March 3, 1845 |
| Number of constitutions | 6 |
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What You'll Learn
Florida's first constitution was written in 1838
The 1838 constitution was influenced by the constitutions of neighbouring states, particularly Alabama. It also included provisions for a strict separation of church and state, with no clergyman allowed to serve as governor or legislator. This document served as the basic governing framework for Florida through the Civil War.
In 1861, Florida's constitution was amended to include provisions affecting the power of the General Assembly, such as limiting session durations and allowing it to license toll bridges and pass general laws for name changes. It also prohibited the assembly from legitimizing children born out of wedlock and allowed it to tax the lands and slaves of non-residents at a higher rate.
Following the Civil War, Florida was under Federal control, and the Constitution of 1865 never came into force. A new constitution was adopted in 1868, which was profoundly influenced by the Republican Party's dominance and the enfranchisement of African Americans. This constitution established a system of public schools and provided for a seat for a Seminole Indian in the legislature.
The current Florida Constitution was ratified in 1968 and has been modified by initiative and referendum several times since. It outlines the state's form of government, including the powers and responsibilities of officials, and includes a bill of rights similar to the United States Bill of Rights.
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The constitution was drafted in St. Joseph
Florida has had several constitutions throughout its history, and one source mentions a Spanish Constitution of 1812 that was briefly enacted in Florida. However, the focus here is on the drafting of Florida's first constitution as a U.S. territory in the town of St. Joseph.
The 1838 constitution, approved by Congress in 1845, served as the basic governing document of Florida through the Civil War. It established a one-term governor, a bicameral legislature, tight restrictions on banking, and a strict separation of church and state. The delegates also included provisions in the constitution that prohibited clergymen from serving as governor or legislator.
The town of St. Joseph suffered a devastating hurricane and repeated outbreaks of yellow fever, and it disappeared from the map within a decade of the constitution being drafted there. However, the work of the constitutional convention survived, and the document marked a significant step towards Florida's statehood, which was granted in 1845.
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It was ratified by voters in 1845
Florida has had several constitutions throughout its history, and the current constitution was ratified in 1968. However, Florida's first constitution as a US territory was written and implemented in 1838 and ratified by voters in 1845.
The 1838 constitution was drafted by 56 delegates from across the territory of Florida, who gathered in the coastal town of St. Joseph. The convention established a pattern that was prevalent in many other states at the time: a one-term governor, a bicameral legislature, and department administrators selected by the legislature and eligible for re-election. The delegates drew inspiration from the constitutions of neighbouring states, particularly Alabama.
The 1838 constitution was a significant step towards statehood for Florida, and it served as the basic governing document of the state through the Civil War. It included provisions such as tight restrictions on banking, in response to the national banking crisis of 1837, and a strict separation of church and state, prohibiting any clergyman from serving as governor or legislator.
Florida was officially admitted to the Union as the 27th state on March 3, 1845. However, the 1838 constitution remained in effect until the Civil War and was amended in 1861 to include several sections affecting the power of the General Assembly of Florida.
Following the Civil War, Florida came under Federal control, and a new constitution was adopted in 1865 as part of the process of restoring Florida to the Union. This constitution was never submitted to the people for ratification and became void with the collapse of the Confederacy.
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The constitution was inspired by neighbouring states
Florida's first constitution as a US territory was written and implemented in 1838. The document was drafted by a convention of 56 prominent Floridians in the coastal town of St. Joseph, located in Gulf County. The constitution was inspired by neighbouring states, particularly Alabama, and established a pattern that already prevailed in many of the states. This included a one-term governor, a bicameral legislature, and department administrators selected by the legislature and eligible for re-election. The 1838 constitution also imposed tight restrictions on banking, following the national banking crisis of 1837, and a strict separation of church and state, prohibiting clergymen from serving as governors or legislators.
The 1838 constitution was ratified by the voters of Florida by a narrow margin and approved by the US Congress in 1845, the same year Florida was admitted into the Union as the 27th state. This document served as the basic governing framework for the state through the Civil War. However, in 1861, Florida seceded from the Union, becoming the third state to do so, and adopted a new constitution declaring itself a "sovereign and independent nation." This constitution included provisions such as limiting the duration of sessions of the General Assembly of Florida and granting it additional powers, such as licensing toll bridges and passing general laws for name changes.
Following the Civil War, Florida came under Federal control, and President Andrew Johnson appointed a provisional governor, Judge William Marvin, to oversee the state's transition back into the Union. A new constitution was adopted in 1865, annulling the Ordinance of Secession and recognising the end of slavery. This constitution, however, was short-lived, as the Republican-controlled Congress passed the Reconstruction Acts, seeking to ensure equal rights for African Americans. This led to the creation of a new constitution in 1868, which was profoundly shaped by the Republican Party's dominance and the enfranchisement of African Americans.
The 1868 constitution controlled Florida's government until 1968, when the current constitution was ratified and came into effect. The 1968 constitution, produced by a constitution revision commission, has been modified several times since its implementation and continues to be the governing document of the state of Florida.
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It established a one-term governor and bicameral legislature
Florida's first constitution as a US territory was written and implemented in 1838. The document was drafted by 56 delegates from across the territory of Florida, who gathered in the town of Saint Joseph (now known as Port St. Joe) in late 1838 and early 1839. The 1838 constitution established a one-term governor, a bicameral legislature, tight restrictions on banking, and a strict separation of church and state. The delegates drew inspiration from the constitutions of several other southern states, particularly Alabama.
The 1838 constitution established a one-term governor, a significant departure from the multi-term system prevalent in other states. This provision ensured that the governor would serve a single term in office, promoting stability and consistency in the state's executive branch. The one-term limit also prevented the concentration of power in a single individual, reducing the potential for corruption or abuse of power.
The establishment of a bicameral legislature, on the other hand, meant that Florida's law-making body would consist of two chambers or houses. This structure is common in many democratic governments and is designed to create a system of checks and balances. By having two legislative chambers, the legislative process becomes more deliberate and representative of the state's diverse population. Each chamber may have distinct powers and responsibilities, and they often serve as a check on each other's power, requiring cooperation and compromise to pass legislation.
The bicameral legislature in Florida consisted of an upper house, known as the Senate, and a lower house, known as the House of Representatives. Each chamber had its own set of rules and procedures for debating and passing laws. The Senate, with a smaller membership, tended to have more prestige and focused on long-term policy matters. In contrast, the larger House of Representatives was more responsive to the needs and concerns of local communities.
The 1838 constitution's provisions for a one-term governor and bicameral legislature were significant steps in shaping Florida's governmental structure. These measures ensured a balanced distribution of power and provided a framework for effective governance in the state. The constitution laid the foundation for Florida's political system, which has since undergone several revisions to adapt to the evolving needs and circumstances of the state and its citizens.
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Frequently asked questions
Florida's first constitution as a U.S. territory was written and implemented in 1838.
The 1838 constitution established a one-term governor, a bicameral legislature, tight restrictions on banking, and a strict separation of church and state.
The people of Florida ratified the new constitution, but only barely, and Congress did not admit the territory as a new state until 1845.
Florida has had several constitutions since 1838, with the current one being ratified in 1968 and modified several times since.
The most recent change to the constitution was in 1976, which ended contested elections for Florida's appellate judges and made them subject to merit retention votes under a modified Missouri Plan.
