SPCC Rule Amendments - US EPA Rule Amendments November 13, 2009 ...
Making Amendments
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Transcript of Making Amendments
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What is a Constitution?Establishes a plan of government or rule
book for governmentServes as a contract between the people and
the governmentSets forth the structure and functions of governmentLists some of the rights of the people
What else would you add?Developed by The Florida Law Related Education Association, Inc, www.flrea.org
What Does a Constitution Do?It limits power of the governmentIt assigns powers of the governmentIt organizes governmentIt establishes rule of lawIt protects the rights of the peopleAnything else?
What is the difference between a Constitution and statutes? Should one be more general than the other?Developed by The Florida Law Related
Education Association, Inc, www.flrea.org
The Hierarchy of LawThe Hierarchy of Law
City and County Laws
State Statutes (laws)
State Constitutions
Acts of Congress
United States Constitution
The U.S. The U.S. Constitution is Constitution is the the “Supreme “Supreme
Law of the Law of the Land.”Land.”
If there is a conflict between a lower law and a higher one, the
higher one “prevails”.
Fun Facts……India has the longest written Constitution of
any sovereign country in the world 444 Articles, 12 schedules, 94 amendments
US Constitution is the shortest 7 Articles and 27 Amendments
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Federal v. State ConstitutionsShould there be different
expectations for what is included in the U.S. Constitution v. the State constitutions?
How should a federal constitution differ from a state constitution?
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What Should Be In a Constitution?Structure/design of the government?Goals and purposes of government?Powers given to the government?Rights given to the people?Protection of pigs?Size of classrooms?Wildlife conservation?
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Is it in the Florida Constitution?On your handout, Is It In the Florida
Constitution?, determine if you think each item is in the Florida Constitution by circling “Yes” or “No”. Work on your own.
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What’s in it?
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Provisions of the Florida ConstitutionPreambleArticle I: Declaration
of RightsArticle II: General
ProvisionsArticle III:
LegislatureArticle IV: ExecutiveArticle V: JudiciaryArticle VI: Suffrage
and Elections
Article VII: Finance and Taxation
Article VIII: Local Government
Article IX: EducationArticle X:
MiscellaneousArticle XI:
AmendmentsArticle XII: Schedule
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Developed by The Florida Law Related Education Association, Inc, www.flrea.org
Amendment ProcessesFlorida has more ways to amend its
Constitution than any other state.5 ways to amend the Florida Constitution
(Article XI):1. Constitutional Revision Commission2. Taxation and Budget Commission3. Voter initiative to call a Constitutional
Convention4. Florida Legislature (Joint Resolution)5. Voter (ballot) initiative
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I. Florida Legislature may propose amendments to the ConstitutionArticle XI, Section 1 Florida ConstitutionThe only way the Florida Legislature can
propose an amendment to the Florida Constitution is through a Joint Resolution
Need 3/5 votes of the membership of both houses for the proposed amendment to pass.
Goes directly on the ballot for voter review unless challenged in the courts.
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Developed by The Florida Law Related Education Association, Inc, www.flrea.org
*A legislative initiative may also be referred to as a joint resolution.
Joint Resolution ExampleThe Florida Legislature proposed a
constitutional amendment on Health Care Freedom.The full text of the amendment would ban laws
that required people to participate in a health care system.
Yet, the ballot summary stated that the amendment would “ensure access to health care without waiting lists” and would “protect the doctor-patient relationship”.
The Legislature designated that the title and summary be placed on the ballot.
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Legal Action FiledFour individuals filed a lawsuit against the
state regarding the ballot title and summary of the Florida Health Care Freedom Amendment 9
The individuals claimed the ballot title and summary misled the public of the amendment’s true intent
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Trial CourtIn 2010, Amendment 9 was taken off the
ballot following a court ruling by a Leon County circuit court judgeThe judge said the amendment was misleading
and could confuse voters 3 misleading statements in the ballot summary
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3 Misleading Statements in the Ballot Summary“Ensure access to health care services without
waiting lists.”The actual amendments said nothing about
waiting lists“Protect the doctor-patient relationship”
The actual amendment said nothing about this relationship and did not address doctor-patient confidentiality
“Guard against mandates that don’t work”Neither summary nor amendment mentioned
what mandates were at issue, why they work, or for whom they do not work
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Florida Supreme CourtAn appeal was filed Florida Department of State v. Mona Mangat,
et al.The Florida Supreme Court affirmed that the
ballot language was misleading and ambiguous, upholding the circuit court decisionThe proposed constitutional amendment was
removed from the ballot
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II. Voter Initiative ProposalsAlso called Citizen Initiative Petition or Ballot InitiativeArticle XI, Section 3 Florida ConstitutionFlorida Constitution grants the people the power
to propose amendments to the ConstitutionSpecific signature and petition format requirementsAttorney General petitions the Supreme Court for advisory opinion regarding the compliance of the
text of the proposed amendment with Article XI, Section 3 of the Florida Constitution and Section 101.161 F.S.
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Court Review of Voter InitiativesThe Court looks at two legal issues
Whether the proposed amendment’s title and summary are “printed in clear and unambiguous language”
Whether the proposed amendment addresses a single subject
The Court does NOT rule on the merits or wisdom
of the proposed amendmentDeveloped by The Florida Law Related Education Association, Inc, www.flrea.org
For both types of initiativesThe voters ultimately vote to decide if the
proposal is added to the Florida Constitution. Requires 60% of voters to approve the proposal.
The courts may or may not have a role in reviewing the initiative PRIOR to its placement on the ballot depending on the type of initiative.
Once passed by the voters, it is included in the Florida Constitution.
Developed by The Florida Law Related Education Association, Inc, www.flrea.org
Developed by The Florida Law Related Education Association, Inc, www.flrea.org
Legislature Proposed
Amendments
Voter Proposed Amendments
Florida Supreme Court
Lower Courts
Legal action filed
Ballot
You be the Judge Distribute copies of proposed constitutional
amendments (one issue or proposal per group)
Have the groups evaluate the proposals using the Handout and criteria set forth under the Florida Constitution and state statutes.
Debrief and discuss.
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“If men were angels no government would be necessary.” – James Madison
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Citationshttp://election.dos.state.fl.us/constitutional-
amendments/init-peti-process.shtmlhttp://en.wikipedia.org/wiki/Florida_Constitutionhttp://www.law.fsu.edu/journals/lawreview/
downloads/251/martin.pdfhttp://www.sagepub.com/lippmanstudy/state/fl/
Ch01_Florida.pdfhttp://www.tampabay.com/news/business/corporate/
florida-legislatures-proposed-constitutional-amendments-keep-getting/1112920
http://www.law.fsu.edu/journals/lawreview/issues/232/jameson.html#FNR138
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