So, elections are over and, because this is Florida, most of us are still left wondering “what on earth did we vote for?” Take our constitutional amendment system for example. A constitution is meant to be an enduring bedrock of civil order that stands the test of time and shepherds us through the millennia with unbending legal consistency. Which is why in Florida, every few years we decide to tear through and red-ink it with a slew of confounding amendments. And maybe that’s also why, for most of us, our ballot questions kind of look like this:
“Should Florida require increased homestead property tax exemptions for convicted felons who vape indoors and locally vote for gambling to be paid for by raising state taxes and fees imposed by public officials who cannot lobby the state government for six years or until the Supreme Court justices turn 75 and stop drilling for oil and racing greyhounds with crime victims?” Or something like that.
Constitutions are meant to be like your father’s old plaid leisure suit — around forever no matter how much people try to get rid of it. Which is why for centuries the United States constitution has been so hard to amend — generally requiring a 2/3 vote of Congress AND 3/4 of the state legislatures to ratify a change.
But in Florida amending the state constitution is about as easy as voting (wait, did I say that?). All we need is a 60% percent majority to pass any constitutional amendment that makes its way to the ballot. Compare that with the hurdles of enacting a “plain-old” law that requires a majority in two legislative chambers, committee votes plus avoiding the veto of the governor.
So, consider that maybe the next time we decide to tinker with the bones of our legal system, it might be wise to pass a constitutional amendment that makes it harder to tinker with the constitution.
Russel Lazega is an attorney and author of two of Florida’s most widely distributed legal textbooks on Florida Insurance Law. He also represents storm victims and consumers at war with their insurance companies and is based in North Miami, Dania Beach, Orlando and Tampa, Florida. Questions? Contact: Russ@fladvocates.com.
