1. Making Amendments
As participants are seated, have them individually complete the Handout on their tables. After completing, ask the groups at each table to discuss (as food is served if this is a dinner engagement). Then follow with PowerPoint.
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2. What is a Constitution?
Establishes a plan of government or rule book for government
Serves as a contract between the people and the government
Sets forth the structure and
functions of government
Lists some of the rights of the
people
What else would you add?
Ask audience generally what a constitution is. Review
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3. What Does a Constitution Do?
It limits power of the government
It assigns powers of the government
It organizes government
It establishes rule of law
It protects the rights of the people
Anything else?
What is the difference between a Constitution and statutes? Should one be more general than the other?
What does a Constitution do? Differentiate between a Constitution and Statutes.
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4. The Hierarchy of Law
United States Constitution
If there is a conflict between a lower law and a higher one, the higher one “prevails”.
Acts of Congress
The U.S. Constitution is the “Supreme Law of the Land.”
State Constitutions
Highlight the hierarchy of law. The US Constitution as the highest law in the land.
State Statutes (laws)
City and County Laws

5. Fun Facts……
India has the longest written Constitution of any sovereign country in the world
444 Articles, 12 schedules, 94 amendments
US Constitution is the shortest
7 Articles and 27 Amendments
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6. Federal v. State Constitutions
Should there be different expectations for what is included in the U.S. Constitution v. the State constitutions?
How should a federal constitution differ from a state constitution?
Differentiate between federal and state constitutions. Briefly discuss how state constitutions address state governments and the US Constitution addresses the federal government. State constitutions are generally changed or amended a little more easily than the US Constitution. While changes to a state Constitution may at times be warranted, it is important to recognize that state statutes may be better suited for some modifications that are sometimes presented as constitutional amendments. The Florida Constitution has been completely rewritten five times from its original draft in Our population has grown in Florida from 54,477 in 1840 to over 19 million today. While there are needs to be addressed through constitutional amendments, such changes should not be taken lightly and should be based on a broad and deep consensus of the governed.
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7. What Should Be In a Constitution?
Structure/design of the government?
Goals and purposes of government?
Powers given to the government?
Rights given to the people?
Protection of pigs?
Size of classrooms?
Wildlife conservation?
Generally quiz the audience about what should be in a Constitution vs. Statutes.
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8. Is it in the Florida Constitution?
On your handout, Is It In the Florida Constitution?, determine if you think each item is in the Florida Constitution by circling “Yes” or “No”. Work on your own.
Distribute student handout 3 – Is it In the Florida Constitution?. Have students work individually to answer the questions. Then have students compare their answers in groups of 3.
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9. The Florida Constitution
What’s in it?
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10. Provisions of the Florida Constitution
Preamble
Article I: Declaration of Rights
Article II: General Provisions
Article III: Legislature
Article IV: Executive
Article V: Judiciary
Article VI: Suffrage and Elections
Article VII: Finance and Taxation
Article VIII: Local Government
Article IX: Education
Article X: Miscellaneous
Article XI: Amendments
Article XII: Schedule
Highlight an outline of the Florida Constitution. Note that Articles are general categories within the Constitution. Mention that the Florida Constitution has a preamble statement, twelve articles and over one hundred amendments (since 1970). Emphasize that the Florida Constitution addresses the structure and function of state government while the US Constitution addresses the structure and function of the federal government.
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11. Amending the Florida Constitution
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12. Amendment Processes
Florida has more ways to amend its Constitution than any other state.
5 ways to amend the Florida Constitution (Article XI):
Constitutional Revision Commission
Taxation and Budget Commission
Voter initiative to call a Constitutional Convention
Florida Legislature (Joint Resolution)
Voter (ballot) initiative
Highlight that this presentation will only focus on the Florida Legislature (Joint Resolution) amendment process and the Voter/Citizen Ballot Initiative.
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13. I. Florida Legislature may propose amendments to the Constitution
Article XI, Section 1 Florida Constitution
The only way the Florida Legislature can propose an amendment to the Florida Constitution is through a Joint Resolution
Need 3/5 votes of the membership of both houses for the proposed amendment to pass.
Goes directly on the ballot for voter
review unless challenged in the
courts.
Primary difference between a legislative bill and a Joint Resolution is that the resolution does not require executive approval and cannot be vetoed by the Governor.
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14. What happens if a legislative initiative* is challenged?
*A legislative initiative may also be referred to as a joint resolution.
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15. Joint Resolution Example
The Florida Legislature proposed a constitutional amendment on Health Care Freedom.
The full text of the amendment would ban laws that required people to participate in a health care system.
Yet, the ballot summary stated that the amendment would “ensure access to health care without waiting lists” and would “protect the doctor-patient relationship”.
The Legislature designated that the title
and summary be placed on the ballot.
The Florida Legislative Joint Resolutions may elect to have either just the title and summary listed on the ballot OR the full text of the amendment. However the summary cannot mislead the public on the content of the full amendment.
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16. Legal Action Filed
Four individuals filed a lawsuit against the state regarding the ballot title and summary of the Florida Health Care Freedom Amendment 9
The individuals claimed the ballot title and summary misled the public of the amendment’s true intent
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17. Trial Court
In 2010, Amendment 9 was taken off the ballot following a court ruling by a Leon County circuit court judge
The judge said the amendment was misleading and could confuse voters
3 misleading statements in the ballot summary
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18. 3 Misleading Statements in the Ballot Summary
“Ensure access to health care services without waiting lists.”
The actual amendments said nothing about waiting lists
“Protect the doctor-patient relationship”
The actual amendment said nothing about this relationship and did not address doctor-patient confidentiality
“Guard against mandates that don’t work”
Neither summary nor amendment mentioned what mandates were at issue, why they work, or for whom they do not work
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19. Florida Supreme Court An appeal was filed
Florida Department of State v. Mona Mangat, et al.
The Florida Supreme Court affirmed that the ballot language was misleading and ambiguous, upholding the circuit court decision
The proposed constitutional amendment was removed from the ballot
See attached opinion of the Florida Supreme Court. See also the wording of the full amendment as well as the ballot title and summary. Discuss what recourse exists for Joint Resolutions when they are removed from the ballot. Generally the Legislative Proposal will state whether the summary or the full amendment will be placed on the ballot. If the summary is placed on the ballot and it is found to be misleading, then the Court can remove the amendment from the ballot. The wording can be changed and the process started again. The amendment can be resubmitted depending on the time constraints. In 2011 the Florida Legislature passed legislation that stated that if the legislative proposal summary or title was termed defective or misleading, then the Attorney General would be given the opportunity to rewrite the title and summary to correct the deficiencies. This would prevent the lengthy process of the legislature having to rewrite the proposal and go back through the process if it is found to be misleading.
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20. II. Voter Initiative Proposals
Also called Citizen Initiative Petition or Ballot
Initiative
Article XI, Section 3 Florida Constitution
Florida Constitution grants the people the power to propose amendments to the Constitution
Specific signature and petition format requirements
Attorney General petitions the Supreme Court for
advisory opinion regarding the compliance of the text of the proposed amendment with Article XI, Section 3 of the Florida Constitution and Section F.S.
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21. Court Review of Voter Initiatives
The Court looks at two legal issues
Whether the proposed amendment’s title and summary are “printed in clear and unambiguous language”
Whether the proposed amendment addresses a single subject
The Court does NOT rule on the merits or wisdom
of the proposed amendment
Highlight the origin of the court’s power for addressing these issues…
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22. For both types of initiatives
The voters ultimately vote to decide if the proposal is added to the Florida Constitution. Requires 60% of voters to approve the proposal.
The courts may or may not have a role in reviewing the initiative PRIOR to its placement on the ballot depending on the type of initiative.
Once passed by the voters, it is
included in the Florida
Constitution.
Voter initiatives to amend the Florida Constitution must go before the Florida Supreme Court for review before being placed on the ballot for voter review. The Attorney General petitions the Supreme Court for an advisory opinion. Legislative proposals to amend the Florida Constitution go directly on the ballot without court review unless challenged in court by an outside entity.
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23. Overview Legislature Proposed Amendments Voter Proposed Amendments
Legal action filed
Lower Courts
This diagram illustrates the role of the courts in the amendment processes of the Florida Constitution. The Voter Initiatives/Citizen Proposed Amendments are sent to the Attorney General of Florida who petitions the Florida Supreme Court for an advisory opinion regarding compliance of the text of the proposed amendment with Article XI, Section 3 of the Florida Constitution and the compliance of the proposed ballot title and summary with Section , Florida Statutes. The Supreme Court must render their written opinion no later than April 1 of the year in which the initiative is to be submitted to the voters pursuant to Article XI, Section 5 Florida Constitution. Legislative proposals go directly on the ballot unless challenged in the courts by an outside entity.
Florida Supreme Court
Ballot
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24. You be the Judge
Distribute copies of proposed constitutional amendments (one issue or proposal per group)
Have the groups evaluate the proposals using the Handout and criteria set forth under the Florida Constitution and state statutes.
Debrief and discuss.
Distribute copies of the proposed constitutional amendments as well as the chart to evaluate each. Have each group work to determine if the proposal should be placed on the ballot based on requirements for review. Make sure that you review the directions adequately. Specifically, first each person at the table should individually review the proposal and complete the corresponding chart. When everyone at the table has completed the task individually, have the small groups work to discuss and see if everyone agrees. Then come to a consensus as a court to determine if the amendment should go on the ballot.
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25. The Government
“If men were angels no government would be necessary.” – James Madison
See final paragraph in activity write up. Make sure to tell participants that amending the Florida Constitution is not to be taken lightly. Florida’s initiative process is an extraordinarily powerful tool that is susceptible to manipulation by special interest groups. It is the responsibility of citizens to educate themselves about the proposed amendments and make informed decisions.
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26. Citations
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