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The Florida Constitution
What’s in it? While exploring the PowerPoint complete the focused notes activity!
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_____recognize the U.S. Constitution as the supreme law of the land.
****At the end of this lesson, I will be able to do the following: _____ identify the purposes of a constitution (provides a framework for government, limits government authority, protects the rights of the people). _____ recognize the basic outline of the U.S. and Florida constitutions (both have articles, amendments, and preambles). _____ compare the amendment process of the U.S. and Florida constitutions. _____recognize the U.S. Constitution as the supreme law of the land.
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Florida Declaration of Rights
Before we start… Define these terms…. amendment article constitution Florida Declaration of Rights preamble suffrage
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Purpose……. What is the purpose of the Florida Constitution?
Provides a framework of government Limits government authority (cannot become too powerful) Protects the rights of the people
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Introduction of the Florida Constitution
Preamble: We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution. Does the US Constitution have a preamble?
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Both get power from the people!
Refresher……. “We the people” Both get power from the people! Popular sovereignty is the principle that the authority of the government is created and sustained by the consent of its people, through their elected representatives, who are the source of all political power.
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Sections of the Florida State Constitution
ARTICLES Twelve Articles Individual sections that deal with different subjects Together they outline the state government and citizens' rights
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Articles in Florida Constitution …
There are 12 articles in the Florida Constitution The United States Constitution has only 7 articles!
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Article I – Declaration of Rights
Some of Florida's Bill of Rights Freedom of speech Freedom of the press Equal protection of the laws Right of a jury trial Right to bear arms Freedom of worship Other traditional American liberties. The Declaration of Rights is the part of the Florida Constitution that lists the basic rights guaranteed to all citizens who live in the state
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Article II — General Provisions
Creates the state's boundaries Describes three branches of government Authorizes a state seal and flag Makes Tallahassee the state capital Includes code of ethics Makes English the official language in Florida Protects and conserves Florida's natural resources and beauty.
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Article III — Legislative
Establishes a House and a Senate Requires that states budget and plan how to spend their money Requires a budget stabilization or "rainy day" fund for emergencies
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Article IV — Executive Governor and Lieutenant Governor
Creates Florida's Elected Cabinet…Attorney General, Chief Financial Officer and Commissioner of Agriculture Authorizes up to 25 executive departments Requires the establishment of: the Fish and Wildlife Conservation Commission Department of Veteran Affairs Department of Elderly Affairs
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Article V — Judiciary Establishes four levels of state courts
Tells how judges will be chosen Provides for election of clerks of Circuit Courts, state attorneys, and public defenders This Article is where the state courts derive (get) their power from.
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Article VI — Suffrage and Election
Specifies dates of general elections and qualifications to vote Disqualifies convicted felons and the mentally incompetent from voting Provides the form of an oath administered to persons registering to vote Limits certain state officials terms
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Article VII — Finance and Taxation
All taxes and appropriations to be provided by the Legislature Taxing authority and exemptions Restricts annual increases in state revenues Prohibits state personal income tax and limits inheritance taxes
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Article VIII — Local Government
Creates state authority to establish, abolish or change counties and municipalities Specifies their powers and requires that county officials include: County commissioners and a separately elected clerk, sheriff Tax appraiser Tax collector Supervisor of elections
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Article IX — Education Establishes a system of public schools, institutions of higher learning and other public education programs The Board of Education, appointed by the governor, supervises this system Specifies one school district per county and district leadership.
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Article X — Miscellaneous
Carries 27 sections including: Authority to have a state militia Protection from court seizure of one's home State lottery Public ownership of lands under navigable waters Workplaces without tobacco smoke Prohibition of medical licenses after repeated medical malpractice
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Article XI — Amendments
Creates five ways to amend Florida's Constitution Establishes a Tax and Budget Reform Commission Reviews the state's tax and budget laws How does this differ from how we amend the US Constitution?
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5 ways to amend the FL Constitution
Compare 5 ways to amend the FL Constitution
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FIVE Ways to Amend the Florida Constitution….
Check out the CRC website: And VIDEO Animated video:
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One of 5 Ways to Amend the Florida Constitution….
What does the Constitution Revision Commission do? Every 20 years the Commission is appointed to: Check out the CRC website:
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Can you remember the US Constitution Amendment process?
IMPORTANT: “We the People” do not directly vote on new amendments, and the President does not vote on or veto any amendment.
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Article XII - Schedule This article explains the complex process for moving from the 1885 Florida Constitution to the 1968 (the latest) Florida Constitution.
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Remember… Supremacy Clause
Federal law/ US Constitution is supreme over state law or state constitutions. United States Constitution: Article VI: “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”
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Compare the Florida and US Constitution…
United States Constitution Florida Constitution Drafted in 1787 Contains preamble, amendments and articles Begins with “We the People”…. Shows that the federal government gets its power from the citizens. Shorter than the FL Constitution Two ways to amend Seven articles, 1 (large) page Contains a Bill of Rights 27 Amendments Written as a “living document” to be interpreted over time Contains the Supremacy Clause which says that the Constitution is the highest law of the land. Originally written in 1838 Starts with “We, the people of the State of Florida” Current constitution ratified in 1968 (must be reviewed every 20 years) Longer than the US Constitution 5 ways to amend 80 pages 12 articles Contains the Florida Declaration of Rights Written as a “living document” to be interpreted and changed LOTS of Amendments Deals with day to day issues that impact state residents *******BIGGEST DIFFERENCE…. “We the People” can be directly involved in amending the FL Constitution
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Compare and Contrast How are the Florida Constitution and the United States Constitution alike? How are they different?
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Page one answer key:
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Page two Answer Key:
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Page Three Answer Key:
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Practice Question #1 Which part of the Florida Constitution protects individual rights? A. Declaration of Rights B. Bill of Rights C. Amendments D. Preamble
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Practice Question #2 Which feature completes the Venn diagram?
The Venn diagram below compares some features of the U.S. and Florida Constitutions? Which feature completes the Venn diagram? A. created property taxes B. established a zoning board C. required a balanced budget D. guaranteed individual freedoms
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What conclusion can be drawn from the headline?
Practice Question 3 The headline below describes an action by citizens. What conclusion can be drawn from the headline? A. Citizens can be involved in policy making through their representatives. B. Citizens can be directly involved in policy making. C. Only elected officials may change constitutions. D. Only elected officials make policy.
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