What are the 4 hot topics for Florida Con Law essay questions?
1. Homstead (big time!) 2. Unconstitutional statutes or ordinances 3. Finance/ Revenue Bonds (public projects) 4. Local Gov't issues
The Federal Constitution enumerates certain powers, while state constitutions are a _______ on state powers.
The state as a sovereign has certain reserved powers (that the federal government does not have) known as ______ _______.
In FL, according to its police powers, the state has the power to provide for the ______ of its citizens. (4 things)
1. general welfare 2. health 3. safety 4. morals (criminal laws)
Florida's counterpart to the federal Bill of Rights is ...
Article I, Declaration of Rights.
Some of the rights in FL's Declaration of Rights are more expressly articulated than those found in the U.S. Constitution, e.g. _____, _____, _______.
Right of privacy (stronger right to privacy in FL) Right to work (union context) Right to access to courts
How does the FL Constitution treat equal protection claims?
1. FL's EPC only applies to state action. 2. Fed Rules Apply: The same standards of review based upon the class of persons subject to the alleged discrimination or types of rights allegedly infriged that apply under the U.S. Constitution apply under the FL constitution.
The Florida Constitution expressly forbitds discrimination based on _____, ______, _______, or ________. Thus, ___ ______ is applied to these cases.
race, religion, national origin, physical handicap strict scrutiny.
In Florida, strict scrutiny requires ______
state must show a compelling state interest and remedy must be narrowly tailored to meet the interest
In FL, rational basis review requires
P must show that he act does not relate to the achievement of a legitimate state purpose.
Is there any intermediate review in FL?
If a law restricts fundamental rights, then _____ _____ is applied. Examples of fundamental rights include:
strict scrutiny right to marriage right to freely travel right to vote right to raise your children as you see fit
FL's Constitution forbids regulation and establishment of religion by the _____ and guarantees the free exercise of religion to each _____. However, it also states that religious freedom does not justify ____________.
1. government 2. individual 3. practices inconsistent with public morals, peace, or safety (no bong hits for Jesus).
Under FL's freedom of religion provisions, no revenue of the state shall ever be taken from the public treasury _____________.
direcly or indirectly in aid of any church, religious denomination, or in aid of any sectarian institution. (Has seriously limited viability of school vouchers in FL).
For establishment clause questions, FL uses the _____ test, which states that in order to be in accordance with the establishment clause a law must:
Lemon Test 1. be primarily for a secular purpose 2. neither advance nor inhibit religion as the primary effect 3. not produce excessive gov't entanglement with religion
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.
Generally, free speech and press provisions of the FL constitution have been analyzed in the same manner as _____.
the First Amendment of the U.S. Constitution
Prior restraint is _____ favored by the courts.
Time, Place, and Manner restrictions are ______.
ok if they are not content based.
If time, place, and manner restrictions are content-based, then the gov't must show _______.
that the regulation is narrowly tailored in showing a compelling state interest.
FL Constitution provides that the people retain the right to assemble _______ and to ___________.
peaceably; petition for redress of grievances
A key to noticing that freedom of assembly might be infringed by a local law is that too much _____ is given to a ______.
discretion; local official
Public employees in FL have no right to _____, because FL is a _________ state.
Strike; right to work
Right to work laws apply to ______ and _______.
state action; state employees
Right to work is often tested in conjunction with _____.
Bonds. State cannot choose a contractor to build a public building only if the contractor promises to only use non-union workers/ subcontractors.
Due process in FL means that, no person shall be deprived of __, ____, or ___ without due process of law, or be twice put in ______ for the same offense, or be compelled in any ______ matter to be a witness against oneself.
life, liberty, or property jeopardy criminal
Procedural due process in FL extends to actions by ____ organizations exercising a ______ function.
On the bar exam, if you see a procedural due process question, you should also look for a ________.
substantive due process issue Questions often cover where to two merge.
Examples of procedural due process guarantees and substantive due process guarantees.
Procedural: Notice and hearing; right to appeal; jury trial Substantive: Right to possess property; privacy rights; jury trial