Constitution Revision Commissions Avoid Logrolling, Don’t They?

The process of revising a constitution is complex and has evolved over time. In Florida, the Constitution Revision Commission was created in 1968 to propose changes to the state constitution. These proposals can be put on the ballot for the public to vote on in a general election. The interaction between the commission’s authority and the legislature’s authority to design ballot initiatives raises some tricky questions. The law that governs how amendments are presented on the ballot has been changed over time, but it’s generally presumed to be constitutional. The Florida Supreme Court has ruled that the commission provides enough safeguards to prevent deception in the amendment process. However, there have been some issues with this process in the past. In 1998, Florida voters could vote on changes to the state constitution. Some changes were grouped together, making it hard for voters who liked some changes but not others. The author believes that each change should be voted on separately, even if it means a longer ballot. They think it’s important for voters to have a say on each proposal. They also believe that the use of constitutional commissions to change the constitution might not be allowed. Overall, the author feels that changing the constitution should be taken seriously, and voters should have a clear say in the process. Kelley H. Armitage is a lawyer with the South Florida Water Management District. The article is adapted from a research memorandum presented to the Constitution Revision Commission. The opinions and analysis in this article are only those of the author and do not necessarily reflect the views of the South Florida Water Management District, its governing board, its employees, or the Constitution Revision Commission. Any mistakes are solely those of the author. This column is submitted on behalf of the Government Lawyer Section, Anthony C. Musto, chair, Sheryl G. Wood, immediate past chair, and Allen Grossman, editor. The Florida Bar aims to teach its members about duty and service to the public, improve the administration of justice, and advance the science of jurisprudence.

Source: https://www.floridabar.org/the-florida-bar-journal/constitution-revision-commissions-avoid-logrolling-dont-they/