Simone Lawson
Florida has been governed by six different constitutions since it joined the United States. Florida's first constitution as a U.S. territory was written and implemented in 1838. The current Constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since.
| Characteristics | Values |
|---|---|
| Date written | December 3, 1838 |
| Location written | Town of Saint Joseph |
| Number of delegates | 56 |
| Inspiration | Constitutions of several other southern states, especially Alabama |
| Date approved by US Congress | 1845 |
| Date Florida admitted to the Union | March 3, 1845 |
| Date ratified | November 5, 1968 |
| Number of modifications since ratification | Several |
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What You'll Learn
Florida's first constitution as a US territory
Florida has been governed by six different constitutions since it became a part of the United States. Florida's first constitution as a U.S. territory was written and implemented in 1838. The constitution was drafted by a convention of 56 prominent Floridians in the coastal town of St. Joseph in late 1838 and early 1839. The delegates drew inspiration for the document from 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. It also prohibited any clergyman from serving as governor or legislator. The constitution was approved by the United States Congress in 1845, and Florida was admitted into the Union as the 27th state. However, the people of Florida only narrowly ratified the new constitution.
The 1838 constitution remained the basic governing document of Florida through the Civil War. In 1861, Florida became the third state to secede from the Union, and a new constitution was drafted that altered the terms of office for many officials and removed references to the United States. Civil government was suspended in 1865 when the Union military occupied Florida, and a new constitution was adopted as part of the process of restoring Florida to the Union.
The contents of the 1868 constitution were influenced by the Republican Party's dominance and the enfranchisement of African Americans. However, by the early 1880s, conservative Democrats controlled state politics and made changes to the constitution, including mandating segregation in public schools and prohibiting intermarriage between whites and African Americans. The current Constitution of Florida was ratified in 1968 and has been modified several times since.
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The 1861 Constitution
Florida has been governed by six different constitutions since it joined the United States. Florida's first constitution as a US territory was written and implemented in 1838. On March 3, 1845, Florida was admitted into the Union as the 27th state.
Public lands previously ceded to the United States government were deemed reclaimed by Florida but were to be used exclusively for paying the State's debts and necessary expenses, and such lands could not be granted for any other purpose. Prohibitions on certain bankers and certain previous officeholders from being elected until the expiration of a year from having left their prior position were removed. The articles pertaining to the militia and corporations were largely reworded. The General Assembly lost the ability to amend the Constitution, leaving a State convention as the only method of amendment.
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The 1868 Constitution
Florida has been governed by six different constitutions since it became a US state. Florida's first constitution as a US territory was written and implemented in 1838. On March 3, 1845, Florida was admitted into the Union as the 27th state.
Florida's 1868 Constitution was profoundly shaped by the dominance of the Republican Party and the enfranchisement of African Americans for the first time. The constitution was drafted by a convention of 46 elected delegates, 18 of whom were black and at least 15 of whom were former slaves. The convention met in Tallahassee on January 20, 1868, and the voters ratified the final document on May 4, 1868. Congress officially declared Florida back in the Union later that year on July 25.
By the early 1880s, conservative Democrats controlled state politics and wanted to reverse some of the old document's provisions. A convention met in Tallahassee in June 1885 and drafted a new state constitution, which was ratified by the people in November 1886. Many offices that had previously been filled by appointment were made elective under the new document. Segregation of public schools was made mandatory, poll taxes were legalized, and intermarriage between whites and African Americans was prohibited. The 1885 Constitution effectively caused the disenfranchisement of blacks and many poor whites.
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The 1968 Constitution
Florida has been governed by six different constitutions since it became a state. The first constitution was written and implemented in 1838, and Florida was admitted to the Union in 1845. The current Constitution of Florida was ratified on November 5, 1968, and has been modified several times since.
Senate Joint Resolution 4-2X proposed Article VI, relating to suffrage and elections. Senate Joint Resolution 5-2X proposed a new Article VIII, relating to local government. Article V, relating to the judiciary, was carried forward from the Constitution of 1885, as amended. Notably, Article V of the Florida Constitution, relating to the Judicial Branch, was not included in the 1968 revision. It was not until 1971 that the Legislature passed Senate Joint Resolution 52-D, proposing to the voters the "modern" Article V.
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The 1972 Amendments
Florida has been governed by six different constitutions since it became a US state. The first constitution of Florida as a US territory was written and implemented in 1838. Florida was admitted to the Union as the 27th state on March 3, 1845. The current Constitution of Florida was ratified on November 5, 1968, and has been modified several times since.
The 1968 Constitution was amended in 1972 following a special session of the Legislature in 1971, which passed Senate Joint Resolution 52-D. The voters approved extensive amendments to Article V of the Florida Constitution, which establishes the Florida Supreme Court and the Florida District Courts of Appeal, as well as circuit and county courts, and sets out how they are appointed and their jurisdiction. The amendments created a unified state courts system, reducing the number of different types of courts from ten to four, and placing all lower courts under the administrative supervision of Florida's chief justice. This necessitated the creation of a new Florida Office of the State Courts Administrator, which assists the chief justice. The 1972 amendments established a uniform court system across the state for the first time in Florida's history.
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Frequently asked questions
The first constitution of Florida 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.
Florida was admitted to the Union as the 27th state on March 3, 1845.
Florida has been governed by six different constitutions since becoming a state.
The current constitution of Florida was ratified on November 5, 1968, and has been modified several times since.
