Florida Constitution Amendment Process Reviewing Proposed Amendments Activity A

Transcription

1 Florida Constitution Amendment Process Reviewing Proposed Amendments Activity A Ballot Title: English is the Official Language of Florida On Ballot: vember 1988 Proposal: Citizen Initiative Ballot Summary: Establishes English as the official language of the State of Florida: Enables the legislature to implement this article by appropriate legislation. Full Amendment: Section 9. English is the Official Language of Florida (a) English is the official language of the state of Florida. (b) The Legislature shall have the power to enforce this section by appropriate legislation.

2 Citizen Initiative Review Worksheet Directions: Imagine that you are a justice on the Florida Supreme Court and the Court has been asked to review a proposed amendment to be placed on the upcoming general election ballot. Read the ballot title, ballot summary, and full amendment closely. After you are done reading, complete the attached handout designed to assess whether the citizen initiative: (1) has a clear and unambiguous title and summary, and (2) addresses a single subject. Remember these are the only factors the Court can consider when reviewing the Legislature's proposed constitutional amendment. Step 1. What is the ballot title? Step 2. Read the ballot summary and full amendment. What is(are) the main objective(s) of the proposed amendment? Step 3. Reread the ballot summary. A. Is it clear and unambiguous? B. Does it address a single subject? Step 4. If you were a Justice, would you vote to place the amendment on the ballot? Step 5. As a voter, would you vote to approve the amendment and add it to the Florida Constitution once it is placed on the ballot?

3 Florida Constitution Amendment Process Reviewing Proposed Amendments Activity B Ballot Title: Florida Marriage Protection Amendment On Ballot: vember 2006 Proposal: Citizen Initiative Ballot Summary: This amendment protects marriage as the legal union of only one man and one woman as husband and wife and provides that no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized. Full Amendment: Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.

4 Citizen Initiative Review Worksheet Directions: Imagine that you are a justice on the Florida Supreme Court and the Court has been asked to review a proposed amendment to be placed on the upcoming general election ballot. Read the ballot title, ballot summary, and full amendment closely. After you are done reading, complete the attached handout designed to assess whether the citizen initiative: (1) has a clear and unambiguous title and summary, and (2) addresses a single subject. Remember these are the only factors the Court can consider when reviewing the Legislature's proposed constitutional amendment. Step 1. What is the ballot title? Step 2. Read the ballot summary and full amendment. What is(are) the main objective(s) of the proposed amendment? Step 3. Reread the ballot summary. A. Is it clear and unambiguous? B. Does it address a single subject? Step 4. If you were a Justice, would you vote to place the amendment on the ballot? Step 5. As a voter, would approve the amendment and add it to the Florida Constitution once it is placed on the ballot?

5 Florida Constitution Amendment Process Reviewing Proposed Amendments Activity C Ballot Title: Parental tification of a Minor s Termination of Pregnancy (Amendment 1) On Ballot: vember 2004 Proposal: Legislative Proposed Ballot Summary: Proposing an amendment to the State Constitution to authorize the Legislature to require by general law for notification to a parent or guardian of a minor before the termination of the minor's pregnancy. The amendment provides that the Legislature shall not limit or deny the privacy rights guaranteed to minors under the United States Supreme Court. The Legislature shall provide exceptions to such requirement for notification and shall create a process for judicial waiver of the requirement for notification. Full Amendment: Section 22. Parental notice of termination of a minor's pregnancy. The legislature shall not limit or deny the privacy right guaranteed to a minor under the United States Constitution as interpreted by the United States Supreme Court. twithstanding a minor's right of privacy provided in Section 23 of Article I, the Legislature is authorized to require by general law for notification to a parent or guardian of a minor before the termination of the minor's pregnancy. The Legislature shall provide exceptions to such requirement for notification and shall create a process for judicial waiver of the notification.

6 Legislatively Proposed Amendment Review Worksheet Directions: Imagine that you are a justice on the Florida Supreme Court and the Court has been asked to review a proposed amendment to be placed on the upcoming general election ballot. Read the ballot title, ballot summary and full amendment closely. Then complete the attached handout designed to assess whether the legislatively proposed amendment: (1) fairly informs voters of the chief purpose of the amendment, and (2) is not misleading to the public. This includes whether or not the amendment offers full disclosure of its intentions, and if necessary, details its effect on other parts of the Florida Constitution. Remember these are the only factors the Court can consider when reviewing the legislature's proposed constitutional amendment. Step 1. What is the ballot title? Step 2. Read the ballot summary and full amendment. What is (are) the main objective(s) of the proposed amendment? Step 3. Reread the ballot summary. A. Does it fairly inform voters of the chief purpose? B. Is it misleading? Step 4. If you were a Justice would you vote to place the amendment on the ballot? Step 5. As a voter, would you approve the amendment and add it to the Florida Constitution?

7 Florida Constitution Amendment Process Reviewing Proposed Amendments Activity D Ballot Title: Eminent Domain (Amendment 8) On Ballot: vember 2006 Proposal: Legislative Proposed Ballot Summary: Proposing an amendment to the State Constitution to prohibit the transfer of private property taken by eminent domain to a natural person or private entity; providing that the Legislature may by general law passed by a three-fifths vote of the membership of each house of the Legislature permit exceptions allowing the transfer of such private property; and providing that this prohibition on the transfer of private property taken by eminent domain is applicable if the petition of taking that initiated the condemnation proceeding was filed on or after January 2, Full Amendment: SECTION 6. Eminent domain. (a) private property shall be taken except for a public purpose and with full compensation therefore paid to each owner or secured by deposit in the registry of the court and available to the owner. (b) Provision may be made by law for the taking of easements, by like proceedings, for the drainage of the land of one person over or through the land of another. (c) Private property taken by eminent domain pursuant to a petition to initiate condemnation proceedings filed on or after January 2, 2007, may not be conveyed to a natural person or private entity except as provided by general law passed by a three-fifths vote of the membership of each house of the Legislature.

8 Legislatively Proposed Amendment Review Worksheet Directions: Imagine that you are a justice on the Florida Supreme Court and the Court has been asked to review a proposed amendment to be placed on the upcoming general election ballot. Read the ballot title, ballot summary and full amendment closely. Then complete the attached handout designed to assess whether the legislatively proposed amendment: (1) fairly informs voters of the chief purpose of the amendment, and (2) is not misleading to the public. This includes whether or not the amendment offers full disclosure of its intentions, and if necessary, details its effect on other parts of the Florida Constitution. Remember these are the only factors the Court can consider when reviewing the legislature's proposed constitutional amendment. Step 1. What is the ballot title? Step 2. Read the ballot summary and full amendment. What is (are) the main objective(s) of the proposed amendment? Step 3. Reread the ballot summary. A. Does it fairly inform voters of the chief purpose? B. Is it misleading? Step 4. If you were a Justice would you vote to place the amendment on the ballot? Step 5. As a voter, would you approve the amendment and add it to the Florida Constitution? The Florida Law Related Education Association, Inc.