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Flashcards in FL Constitutional Law Deck (164)
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1

Article II

General Provisions

2

Article III

Legislature

3

Article IV

Executive

4

Article V

Judiciary

5

Article VI

Suffrage & Elections

6

Article VII

Finance & Taxation

7

Article VIII

Local Government

8

Article IX

Education

9

Article X

Miscellaneous (e.g. Homestead)

10

Article XI

Amendments

11

Article XII

Schedule

12

State Constitutions are a limitation on state powers. The state as sovereign has certain reserved powers known as police powers. In Florida, the state has the power to provide for the ____________, ___________, ____________, and _____________ of its citizens.

General welfare; health; safety; morals

13

Declaration of Rights

FL's counterpart to the federal Bill of Rights is the Article I, Declaration of Rights. Some of these rights are more expressly articulated than those found in the U.S. Constitution.
-Right to privacy
-Right to work
-Right to access to courts

14

Equal Protection

FL's Equal Protection applies ONLY to state action. The same standards of review based upon the class of persons subject to the alleged discrimination or the types of rights allegedly infringed that apply under the U.S. Constitution apply under the FL Constitution.

15

The FL Constitution expressly forbids discrimination based on ________, _________, ___________, or ___________. Thus strict scrutiny is applied to these cases. For non-suspect classes, the rational basis test is applied.

Race; religion; national origin; physical handicap

16

Strict scrutiny requires:

State shows compelling state interest is served

17

Rational basis requires:

π must show not related to achievement of legitimate state interest

18

All persons have inalienable rights including but not limited to, the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry and to acquire possess and protect property. These rights are fundamental, so ______________ is applied.

Strict scrutiny

19

Freedom of Religion

FL's constitution forbids regulation and establishment of religion by the government and guarantees free exercise of religion to each individual. However, it also states that religious freedom does not justify practices inconsistent with public morals, peace or safety. Also no revenue of the state shall ever be taken from the public treasury directly or indirectly in the aid of any church, religious denomination or in aid of any sectarian institution.

20

Freedom of Religion - Lemon Test:

(1) Primarily secular purpose
(2) Primary effect neither advances nor inhibits religion
(3) Does not produce excessive entanglement with religion

21

Freedom of Speech and the Press

FL's constitution guarantees freedom of speech and no state law may be passed abridging freedom of speech or of the press. There is a strong presumption in favor of public access to court proceedings and records. The free speech and press provisions of the FL Constitution have generally been analyzed in the same manner as the First Amendment of the U.S. Constitution.

22

Prior Restraint

Not favored by courts

23

Time, Place, Manner restrictions:

OK if content neutral. (non-content based) IF is narrowly tailored, serving compelling state interest

24

Commercial Speech:

Not as protected as political speech

25

Obscenity

Act is prurient, offensive, & no artistic value

26

Freedom of Assembly

The FL Constitution provides that the people retain the right to assemble peaceably and to petition for redress of grievances.

27

Right to Work

The right of a person to work shall NOT be denied or abridged on account of membership or non-membership in any labor union or labor organization. The rights of employees, by and through a labor organization to bargain collectively shall NOT be denied or abridged. Public employees shall have NO right to strike.

28

Due Process

No person shall be deprived of life, liberty, or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself. Procedural due process in FL extends to actions by private organizations exercising a quasi-public function.

29

Procedural Due Process

= Fair Trial

Notice & a hearing
Right to appeal
Jury trial - can't be taken away by legislature

30

Substantive Due Process

= Fundamental Rights

Rights to possess property, privacy, and jury trial