U.S. and Florida Constitutions: Structure, Ratification, and Amendments
Introduction
The Constitution is the fundamental law with an imperative value for everyone living in a particular territory. This normative document helps to protect and ensure the rights of the country’s citizens by providing them with certain freedoms that must be protected. However, each state may have a separate constitution specific to a particular area. They can have similar and different aspects that should be considered when comparing two documents.
What Is a Constitution?
The Constitution is a written document that fully sets out the powers of the government of a country or region concerning specific legal situations. This act is the highest law obligatory for the observance and establishes certain limits and restrictions that cannot be overcome (United States Constitution). Thus, protecting the country’s citizens from offenses that can damage their health, moral, or financial well-being is necessary.
It can be argued that the Constitution is a guarantor that should ensure the stability and predictability of government. This allows citizens to perform their duties more productively and not worry about threats to their well-being. Protecting the rights and identity of each person also contributes to the acceleration of the decision-making process in the country, as they are based on the benefit of the population.
The Constitution operates on the principle of a social contract with stricter compliance limits that are binding on all people. It establishes the rights and obligations not only for citizens but also for the state, thus acting in both directions. From this, it can be determined that the purpose of the Constitution is to create branches of authority that will be divided depending on the responsibility assigned to the subject. Depending on the violator of the constitutional order, different degrees of punishment can be expected, depending on the offense’s severity. In addition, separating areas of responsibility can more effectively ensure that all areas of law are of equal value.
Similarities and Differences Between the Two Constitutions
The constitutions of the United States and Florida share some similarities. The main similarity lies in the formatting, which in Florida’s Constitution consists of a preamble and subsequent clauses (Constitution of the State of Florida). In turn, each article of the Constitution is divided into corresponding sections that can be devoted to clarifications and more detailed considerations of the topics discussed in the main article.
More detailed similarities in both constitutions concern the structuring of government institutions. The universal division of power into legislative, judicial, and executive is the same in this area. Such a system creates opportunities for checks and balances that do not allow any representatives of the authorities to abuse their powers. A bicameral legislature and establishing a governor’s office are common in both constitutions.
The first and foremost difference between the two documents is their length. The United States Constitution consists of seven main articles, which have also been amended. At the same time, Florida’s state constitution is much more inclusive, containing twelve articles that go into great detail (Constitution of the State of Florida). This may be because the state constitution needed to be adapted and expanded to fit the unique needs of Florida. The length of the document is not significant, but it can demonstrate how different the approach is required for country and state scales.
The specificity of constitutions also refers to various aspects that determine the specific structure of the government, which determines the powers and protection of the people’s rights. Florida’s Constitution is more detailed, providing specific information about every aspect of the legal relationship between citizens and state institutions. The state constitution deals with many issues specific to the state. This amount of detail is because the state must regulate all local features and relations between citizens.
An aspect that can also be attributed to the difference in constitutional structure is the number of amendments. There are 27 of them in the document of the United States, which was adopted in 1787 (United States Constitution). At the same time, each amendment regulates the important features of the relationship between citizens and state institutions. They include such important things as the Bill of Rights, the right to vote, and term limits on presidential terms.
At the same time, the amendments form an essential part of the Florida state constitution, which contains 200 such documents (Constitution of the State of Florida). Thus, the United States Constitution is a public document that regulates essential legal aspects of the country. At the same time, the state constitution is more detailed.
Ratification
The United States Constitution was proposed for adoption at the Constitutional Convention. It took place in Philadelphia in 1787 and was drafted by a committee whose chief representative was James Madison (Mittelman 75). For ratification, this document was required to be signed and accepted by at least nine of the thirteen states that existed at that time. Ratification took a long time, and the Constitution finally came into effect on June 21, 1788, when the ratification of the last state was received. Subsequently, all other states also ratified the Constitution, thereby recognizing it as valid.
The development and ratification of the Florida constitution has a more extended history since the state was originally not a state entity but a territory. This document was adopted in 1838, but it did not provide the state with official status, and Congress did not ratify the Constitution (Henderson 577). After the Civil War, Florida’s adopted Constitution was not recognized as valid because the state left the Union before this historic event. The Florida Constitution, currently in force in the state, was developed over two years and was finally formed in 1968 (Constitution of the State of Florida). The following year, this project was ratified and officially entered into force in the state.
Amendment Processes in the Florida Constitution
The Florida Constitution allows amending it to more precisely regulate future relations between citizens and the state. There are four ways to amend the Constitution in the state (Constitution of the State of Florida, Art. XI). Each amendment assumes that the people of the state will have the opportunity to discuss it and consider initiatives.
A legislative proposal is one common way to amend the Florida Constitution. The proposal would require a joint resolution in the Florida House of Representatives or the Senate. To pass, it must be approved by a three-fifths majority vote (Constitution of the State of Florida, Art. XI).Â
Another way is through the action of the Constitutional Revision Commission. This body is created once every twenty years to review the Constitution and identify the need for amendments. Civic initiatives can also be a source of proposals for amending the Constitution. To do this, citizens must collect a certain number of votes and get their approval. In addition, the Taxation and Budget Reform Commission can also propose amendments related to the financial sector.
Proposed Amendment
As an example of a recent amendment, consider “Florida Amendment 3, Additional Homestead Property Tax Exemption for Certain Public Service Workers Measure.” The proposal was to allow the Florida State Legislature to grant property tax exemptions to government employees. However, the people did not support this initiative enough, and it was not accepted, as it gained 58.68% of the required 60% (Ballotpedia). If the amendment is passed, it could exempt state employees such as firefighters, teachers, police officers, and other government employees from $50,000 in real estate taxes (Ballotpedia). However, this amendment could increase the burden on the state’s economy.
Changes to State Laws and Purpose of the Constitution
In my opinion, most of the legislative changes in Florida relate to state statutes. The state constitution is focused on establishing basic principles, such as the structure of government and ensuring the protection of citizens’ rights. The purpose of the state constitution is to provide a legal basis for the government and people to rely on this law to resolve their problems and differences. This makes it possible to justify strong standards for every area of public life. The Constitution can provide the people of the United States with sustainable development and essential principles of justice and equity.
Conclusion
It is worth saying that the Constitution is a mandatory document that regulates and legitimizes any operations on the territory of the country. This document is also imperative in resolving disputes between citizens. Florida has its own Constitution, which was adopted much later than the main one. It is necessary for more accurate and adaptive regulation of legal relations in a particular state. Thus, the Constitution plays a significant role in people’s social and daily lives by helping them determine their rights and obligations.
Works Cited
Constitution of the State of Florida. Art. XI. Web.
Constitution of the State of Florida. Web.
Henderson, Clay. “The Greening of Florida’s Constitution.” Stetson L. Rev. 49 (2019). Web.
Mittelman, Ariel Sribman. “A tale of tailings: the origins of the Argentine Vice Presidency.” Iberoamericana–Nordic Journal of Latin American and Caribbean Studies 50.1 (2021). Web.
United States Constitution. Preamble. Web.