Topic 36 – Florida Constitution

WAR – Write And Reflect Write today’s Learning Goal: – I will be able to… compare the constitutions of the United States and Florida. (SS.7.C.3.13)

WOW – Words Of Wisdom Students will fill in the guided note- taking worksheet as cover the similarities and differences between the governments and constitutions of the United States and the State of Florida. Using the interactive PowerPoint Presentation “Florida Constitution.”

The Florida Constitution Definition: The document that establishes and describes the duties, powers, structure and function of the government of the U.S. State of Florida, and establishes the basic law of the state. Florida has been ruled by six different constitutions since acceding to the United States in The current Constitution of Florida was ratified on November 5, 1968.

Florida Constitution vs. U.S. Constitution The U.S. Constitution is the highest law of the nation. – Remember the Supremacy Clause? “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” The Florida Constitution is the highest law of the state. – …but its provisions cannot clash with the U.S. Constitution.

Comparing the Florida and U.S. Constitution Preambles Florida Constitution preamble: “We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty, in order to secure its benefits, perfect our government, insure domestic tranquility, maintain public order, and guarantee equal civil and political rights to all, do ordain and establish this constitution.” U.S. Constitution preamble: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

Review: Federal Government 3 BRANCHES: – Legislative: makes the laws Congress has 2 houses: – Senate and House of Representatives – Executive: enforces the laws President and cabinet – Judicial: interprets the laws Supreme Court, Court of Appeals, District Courts

Florida Government ALSO HAS 3 BRANCHES: – Legislative: makes the laws Florida legislature made up of Senate and House of Representatives – Executive: enforces the laws Governor and cabinet – Judicial: interprets the law Court system headed by Florida Supreme Court

Legislative Branch Review: U.S. Congress has 2 houses: – Senate – 2 from each state; 100 total – House of Representatives – 435 total; Florida has 27 Florida – Florida Senate has 40 members Serve 4-year terms – Florida House of Representatives has 120 members Serve 2-year terms – * Members of both houses can serve no more than 8 years. (remember – no term limits at U.S. level)

Legislative Branch (cont.) Both houses meet in the Florida State Capitol in Tallahassee. Tallahassee The legislature’s session meets for 60-day regular-sessions every year from March through May. The Florida Legislature often meets in special sessions for a specific reason such as working on the budget. The members of both houses participate in committees that meet throughout the year.

Executive Branch The executive branch of Florida includes the Governor, Lieutenant Governor, and Cabinet (which includes the Attorney General, Commissioner of Agriculture, and Chief Financial Officer. – ALL of these are elected offices. Each office is limited to two four-year terms. The Governor is required to give a “State of the State” address each year to the Florida Legislature. The current Governor of Florida is Rick Scott, who was elected in – He resides in the Governor’s Mansion in Tallahassee.Governor’s Mansion

Florida Governor’s Powers and Duties Commander-in-chief of all military forces of the state not in active service of the United States. Shall take care that the laws be faithfully executed; can execute and veto laws Commissions all officers of the state and counties Transact all necessary business with the officers of government Chief administrative officer of the state – responsible for the planning and budgeting for the state.

Review: Federal Court System The U.S. Supreme Court: highest court – hears cases involving the U.S. Constitution, federal law, and disputes between states Courts of Appeals: hears appeals from the trial courts District Courts: trial courts (original jurisdiction)

Judicial Branch Florida’s state court system consists of: Florida Supreme Court – highest state court; hears appeals from District Courts of Appeal 5 District Courts of Appeal –hear appeals from the lower courts; 3 judge panel 20 circuit courts – supervise the county courts; hold trials for major civil and criminal cases above $15, county courts – hold trials for minor criminal and civil cases $15,000 or less

Florida Supreme Court Facts The Court’s official headquarters is the Supreme Court Building in TallahasseeTallahassee Composed of seven justices At least five justices must participate in every case At least four must agree for a decision to be reached The court must review final orders imposing death sentences AND district court decisions declaring a state statute or provision of the state constitution invalid.

How a Bill Becomes a Florida Law Bills can be introduced in either house; Senate or House of Representatives Passage requires a MAJORITY vote in each house Every bill passed by the Florida Legislature shall be presented to the GOVERNOR for approval The governor may: SIGN or VETO The bill shall become a law if: – Governor approves and signs it – Governor fails to veto it within seven consecutive days after presentation

WIO – Work It Out Create a chart in your WIO section. Write down: – 3 things you learned – 2 things you think are important – 1 question you would still like answered