Introductory Material Flashcards
The state constitution unlike the federal constitution does not _____ power to the state. Instead, it is a ___________ on the state’s ___________ which comes from the people
grant, limitation, inherent power
Steps in Construction and Interpretation of the Constitution
- Look to the plain language of the statute. If it is clear and unambiguous, then there is no need to restore to rules of statutory interpretation and construction
- Statute must be given its plain meaning
- Where there is a constitutional provision that will bear two constructions, one of which is consistent and the other which is inconsistent, the former must be read so that both may stand and have effect.
Self-Executing provisions
require NO legislative action to put their terms into effect
Non-Self-Executing provisions
require legislative action by their own terms (e.g., “as provided by law”)
5 ways to formally amend the Florida constitution
- the legislature
- the constitution revision committee
- initiative of the people
- constitutional convention
- the taxation and budget reform committee
Article XI, § 3 - voter initiative proposal must
embrace but one subject and matter DIRECTLY connected therewith
A proposed amendment meets the single subject 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.
Length Requirement for a Ballot Title Summary
Shall not exceed 15 words
Ballot Summary Requirement
Shall not exceed 75 words