Florida Constitutional Law Outline | United States Constitution | Statutory Interpretation

 

florida constitutional law outline

FLORIDA CONSTITUTIONAL LAW OUTLINE- GROSSO () I. INTRODUCTION TO STUDYING THE Florida CONSTIUTTION Keys to Success 1. United Faculty of Florida: Legislature passed a law agreeing to fund 3% raises to members of the teachers‘ union. o Judicial intervention in the decision-making function of the Exec.5/5(1). Florida Constitutional Law Outline. An Introduction to Studying Florida Constitutional Law Introduction the governmental power of the state does not flow from it's constitution. The source of the state's governmental power is inherent. The state's constitution is essentially a limitation of that inherent power. The Social Contract. The Constitution of the State of Florida as revised in consisted of certain revised articles as proposed by three joint resolutions which were adopted during the special session of June July 3, , and ratified by the electorate on November 5, , together with one article carried forward from the Constitution of , as amended.


FL Constitutional Law Essay Flashcards - introdutires.gq


An Introduction to Studying Florida Constitutional Law Introduction the governmental power of the state does not flow from it's constitution. The source of the state's governmental power is inherent. The state's constitution is essentially florida constitutional law outline limitation of that inherent power. The Social Contract. It is the organized embodiment of the sovereign power of the whole people. By reason of this sovereignty, it possesses all powers, but only such powers, as are within the limitations of the state Constitution and without the prohibitions of the federal Constitution.

It can do no act, except in the exercise of this sovereign power and within these constitutional florida constitutional law outline. State constitutions are limitations upon power of state legislature. Each department of government has, without any express grant, the inherent right to accomplish all objects naturally within orbit of that department.

If you cannot find a prohibition under the state or federal constitution, Florida has the power to do so. Striking a provision in statute presume that legislature meant to make a change Taking a provision out Does not mean that power is not still there because legislative power is inherent so legislature always has the power.

The state constitution is a limitation, not a grant, of power and court must look to state constitution, not to determine what the legislature may do, but to determine what it may not do, and if legislative act is not forbidden by state or federal constitutions, it must be held valid.

Looks like a grant but in reality it is a limitation on inherent governmental power in that it requires:. Weinstein v. Board of Public Instruction of St. John's County Rule of Interpretation expressio unius est exclusio alterius. The principle is well established that, where the Constitution expressly provides the manner of doing a thing, it impliedly forbids its being done in a substantially different manner.

Even though the Constitution does not in terms prohibit the doing of a thing in another manner, the fact that it has prescribed the manner in which the thing shall be done is itself a prohibition against a different manner of doing it. Many constitutional provisions which resemble grants of power cannot be explained as limitations Example. It expressly provided for authority on the part of the legislature to empower the counties to assess and impose taxes for county purposes.

Professor Thomas Dye Politics in States and Florida constitutional law outline Since the states originated as government of general florida constitutional law outline, they didn't need to enumerate their powers. Although the states legislatures have general rather than enumerated powers Congressthe putting constitutional authorization for specific state programs has grown to safeguard against court interpretations florida constitutional law outline legislative authority.

This view is shared by the Florida Supreme Court Mistakenly Read as a limitation sometimes the court's read such language as a limitation. Constitutional language phrased in granting language should be very cautiously treated as a limitation - expressio unius est exclusio alterius and more frequently as a reaffirmation of that inherent power.

The court said that the state constitution is a document of limitation on all state power. If the provision lays down a sufficient rule, it speaks for the entire people and is self-executing. Florida Supreme Court fould that the amended initiative provision should be broadly interpreted as being functional rather than locational so that the right of the people to propose changes by initiative would be expanded using the single subject requirement for legislation as a guide.

Fine v. Firestone and it's progeny made florida constitutional law outline Weber approach obsolete. The Inquiry is governed by several general principles. First, we will not address the merits or wisdom of the proposed amendment. Second, [t]he Court must act with extreme care, caution, and restraint before it removes a constitutional amendment from the vote of the people.

Specifically, where citizen initiatives are concerned, the Court has no authority to inject itself in the process, unless the laws governing the process have been clearly and conclusively violated. In addressing this issue the Court determines whether the amendment manifests a logical and natural oneness of purpose.

A proposed amendment meets this test when it may be logically viewed as having a natural relation and connection as florida constitutional law outline parts or aspects of a single dominant plan or scheme. Unity of object and plan is the universal test. The fact that a single amendment may affect multiple areas of government is insufficient to invalidate an amendment on single-subject grounds. Further, the possibility that an amendment might interact with other parts of the Florida Constitution is not sufficient reason to invalidate the proposed amendment.

Reasoning constitutional amendment process relies on an accurate, objective ballot summary for its legitimacy.

They vote based only on the ballot title and the summary, florida constitutional law outline. Therefore, an accurate, objective, and neutral summary of the proposed amendment is the sine qua non essential component of the citizen-driven process of amending our constitution. Ballot Test 1 whether the ballot title and summary Ballot summary should tell the voter the legal effect of the amendment and no more.

It can be interpreted by all branches and levels of government. Aids in Interpreting the Constitution. The law is to read, word for word and should not divert from its true meaning. Where florida constitutional law outline law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed. Example: if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, "vehicles" would not include airplanes, since the list was of land-based transportation, florida constitutional law outline.

The expression of one thing is the exclusion of another. In construing statutes, contracts, wills, and the like under this maxim, the mention of one thing within the statute or other document implies the exclusion of another thing not so mentioned.

Florida constitutional law outline intent behind applying this principle is to promote uniformity and predictability in the law. A rule of interpretation that states that the meaning of unclear language in a contract or other legal document should be construed in light of the language surrounding it, florida constitutional law outline.

Separation of Powers In General Fla. II, 3. Branches of government. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless florida constitutional law outline provided herein, florida constitutional law outline.

Unless otherwise expressly provided or incidental to the powers conferred, the legislature cannot exercise either executive or judicial power; the executive cannot exercise either legislative or judicial power; the judiciary cannot exercise either executive or legislative power. Property must not be taken without compensation, but with the help of a phrase, the police power some property may be taken or destroyed for public use without paying for it, if you do not take too much.

Professor Coffey Fall Amendment provisions must be read with all other [already existing] provisions on the same topic so as not to conflict, to harmonize. If you cant harmonize, florida constitutional law outline, you give effect to the latest provision because that is the most recent expression of the will of the people of Fla. Its the peoples const. In deciding whether an initiative should be removed from consideration by the voters: arg if youre opposing the initiative : 1. There is a presumption in favor of the initiative going on the florida constitutional law outline, because the people proposed the initiative, florida constitutional law outline, and it is the peoples constitution.

It puts people in a position of making a choice among evils and pushes bad law by attaching it to good law. In addressing the issue of logrolling, the FlaSC asks whether the amendment manifests a logical and natural oneness of purpose. A provision meets the SSR test when: it may be logically viewed as having a natural relation and connection as component parts or aspects of a single dominant plan or scheme, florida constitutional law outline.

Florida constitutional law outline effect must be one of precipitous, cataclysmic changes in govt, not just merely effecting multiple functions of diff branches of govt. Scenic beauty doesnt mean anything. The SSR is only in the citizen initiative process and none of the other amending processes, to make the initiative process more difficult.

If not, the people would start making amendments redistributing powers of the state govt. This is better left up to the Legislature. Republicanism electing into the legislature to represent the people; thereby the people put the decision in the hands of the legis.

The public are a bunch of passionate panicky lunatics. Also, this way, minorities are protected, people that are experienced are involved in the process, its deliberative, and they think the law out before enacting. The Fla Const is a republican document that intends for the law to be deliberative. It therefore empowers the Legislature. Voters never see the actual text of the proposal, rather, all they see on the ballot is the title and summary. Therefore, an accurate, objective, and neutral summary of the proposed amendment is the sine qua non of the citizen-driven process of amending the constitution, florida constitutional law outline.

The ballot must be fair and advise the voter sufficiently to enable him intelligently to cast his ballot, BUT. The summary does not need to explain every detail or ramification of the proposed amendment. It should tell the legal effect of the amendment and no more, but public policy statements are ok to include also.

There was no violation of the single-subject requirement, although multiple branches of govt were affected, florida constitutional law outline. H2: the ballot summary was also misleading by using the term non-partisan when picking the commission members is indeed very partisan, florida constitutional law outline.

Interpreting the Fla Const Constitutions receive broader florida constitutional law outline more liberal interpretation or construction than statutes because they are living documents, not easily amended, which demand greater flexibility than statutes.

When interpreting or construing constitutional provisions, ascertain and give effect to the intent of the drafters and the electorate which adopted the provision. This is the primary rule for constitutional interpretation, florida constitutional law outline. Therefore, the Fla Courts should attempt to read every statute with a constitutional construction if at all possible. Every statute can be construed differently and there are potentially unconstitutional constructions.

The Fla Courtsavoid the unconstitutional construction if they can. The Standard a law should not be held invalid unless clearly unconstitutional beyond a reasonable doubt because of the presumption of constitutionality. Bush v. BUT sometimes words arent clear and theyre not plain, usually because of context. Available Interpretive Tools of Statutory Construction: 1. In pari materia read the sentence contextually so it makes sense as a whole, florida constitutional law outline.

A provision must be construed as a whole in order to ascertain the general purpose and meaning of each part; each subsection, florida constitutional law outline, sentence, and clause must be read in light of the others to form a congruous whole.

Expressio unius est exclusio alterius the expression of one thing implies the exclusion of another. Where the Const prescribes the manner of doing an act, florida constitutional law outline, the manner prescribed is exclusive, and it is beyond the power of the Legislature to enact a statute that would defeat the purpose of that constitutional provision. Unlike the federal Const, the state const is a limitation upon the power of govt rather than a grant of that power.

 

introdutires.gq | Law School Outlines | Florida Constitutional Law Outlines

 

florida constitutional law outline

 

protected by a common law or privacy right not generally inherent the specific type of civil proceeding sought to be closed. vii. Abortion – same as federal law – pregnancy is personal and private 1. State has compelling government interest only if after the second trimester when the fetus is viable. 2. Cannot require parental consent for minors a. The Constitution of the State of Florida as revised in consisted of certain revised articles as proposed by three joint resolutions which were adopted during the special session of June July 3, , and ratified by the electorate on November 5, , together with one article carried forward from the Constitution of , as amended. Florida Bar Exam Lean Sheets. Based on extensive research, Lean Sheets streamline the most important and frequently tested material into only pages per subject. They also include include helpful mnemonics for memorization, plus charts and diagrams to help visualize key concepts. By focusing on what you NEED to know for the bar exam.