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Old 11-08-2006, 05:57 PM
 
251 posts, read 886,213 times
Reputation: 123

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I just can't believe that the people of Florida voted away their rights!! Why would ANYONE vote Yes to Amendment #3......It is not possible to get 60% of voters to actually VOTE much less put up an amendment! Now we have left any and ALL decisions in the hands of our Legislators and we are voting away ALL our rights! People need to wake up and do their homework before they vote!!!
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Old 11-10-2006, 11:01 PM
 
13 posts, read 32,850 times
Reputation: 11
What is Amendment #3 anyway?
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Old 11-10-2006, 11:26 PM
 
Location: Port St. Lucie and Okeechobee, FL
1,307 posts, read 5,505,819 times
Reputation: 1116
Florida has what are called "citizen's initiatives" in which citizens can propose changes to the state's constitution. Usually, these initiatives are used because they have tried to get legislation through in the normal way, and the legislators, acting as the representatives of the people, have not been willing to pass the proposals.

One famous one involved gambling. The legislators, in their wisdom and experience, refused to allow casinos, etc. So, special interests that favored gambling got some folks to put forth a proposal to change the state's constitution to allow gambling. The proposal was worded in such a way that it seemed like a good idea to the required number of people to get the proposal on the ballot.

Another initiative had something to do with the way that pregnant pigs are treated (Seriously!).

One initiative that passed was the Save Our Homes 3% cap on property tax increases. This seemed like a good idea at the time, but we're now discovering the unintended consequences that result, such as the fact that seniors can't afford to sell their larger homes and downsize, because the cap is removed on a sale, and the taxes on the smaller property would be higher than the taxes they are paying on their present home. There are many other problems with the amendment, including the fact that people are paying wildly different rates for the same services.

There are several problems with this approach. For one thing, constitutions should be difficult to amend, and should be never be amended for frivolous things. Amendments should also never be used as a substitute for legislation. For one thing, An amendment is immune to court review (how can something be unconstitutional if it's now in the constitution?), and for another, it's extrememly difficult to get such an amendment repealed if it turns out to be a mistake.

Also, most of these amendments are worded in such a way that every day citizens can't make heads or tails of them; many are voted upon with very little understanding. We elect legislators to do their homework and keep up with these issues; we should let them do their jobs. These initiatives are an end run around the legislative process.

Amendment #3 makes it more difficult to make amendment initiatives, making the requirements more difficult to meet. It's ironic that the only way this amendment process could be slowed to a more reasonable level was the amendment process, itself.

Personally, for all the reasons stated above and more, I would be in favor of removing the initiative process altogether. Some folks call it "voter's rights"; I call it "voter's tendency to ***** up."

The most incredible thing is that most conservatives swear by constitutions and make flatulent claims about naming justices who will not legislate by judicial interpretation, then turn right around and support these citizen initiatives that mess with the constitution. Talk about hypocrisy...
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Old 11-11-2006, 01:06 AM
 
Location: Bothell, Washington
454 posts, read 906,551 times
Reputation: 187
Very interesting. Just wanted to confirm one thing. Are you sure that your initiative process is to change the constitution... or is it to enact laws. There is a difference.

In Washington we have the initiative process. We have to get a certain number of signatures to qualify the initiative. Once on the ballot we vote. Anyone can then challenge the initiative in the courts. Many have been overturned, most get voted down. Those who pass are put into law, but never change the state constitution.
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Old 11-11-2006, 10:33 AM
 
Location: Port St. Lucie and Okeechobee, FL
1,307 posts, read 5,505,819 times
Reputation: 1116
Quote:
Originally Posted by the dufferz View Post
Are you sure that your initiative process is to change the constitution... or is it to enact laws. There is a difference.
There certainly is a difference. I have no problem with voter's initiatives if they result in legislation intead of constitutional amendments.

To quote from one recent article, (the quote is short enough and generic enough that it shouldn't violate copywrite rules), "There is, however, one legitimate argument against Florida’s initiative process...Florida’s initiative process does not permit voters to make statutory changes, simple laws. Voter initiatives must be constitutional amendments. So, there are measures passed that would normally be statutes, but are added to the state’s constitution instead."

In my opinion, it's not nice to fool with Mother Nature or Constitutions. Amendment processes should be difficult, not frivolous as the current Florida rules allow.
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Old 11-11-2006, 05:17 PM
 
Location: Central Florida
1,408 posts, read 5,097,299 times
Reputation: 874
Quote:
Originally Posted by pslOldTimer View Post
In my opinion, it's not nice to fool with Mother Nature or Constitutions. Amendment processes should be difficult, not frivolous as the current Florida rules allow.
And isn't it ironic that this passed by only 58% of the vote??
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Old 11-11-2006, 09:53 PM
 
Location: Bothell, Washington
454 posts, read 906,551 times
Reputation: 187
Quote:
Originally Posted by pslOldTimer View Post
There certainly is a difference. I have no problem with voter's initiatives if they result in legislation intead of constitutional amendments.

To quote from one recent article, (the quote is short enough and generic enough that it shouldn't violate copywrite rules), "There is, however, one legitimate argument against Florida’s initiative process...Florida’s initiative process does not permit voters to make statutory changes, simple laws. Voter initiatives must be constitutional amendments. So, there are measures passed that would normally be statutes, but are added to the state’s constitution instead."

In my opinion, it's not nice to fool with Mother Nature or Constitutions. Amendment processes should be difficult, not frivolous as the current Florida rules allow.
I don't know enough about it to form an opinion, In that I live 3000 miles away, we don't hear much.

In general, it is NEVER wise to change the constitution, especially by the peoples vote. We all tend to live by the headlines and todays headline panic can result in calls for change NOW! To do this is dangerous and should be carefull considered. I think that is why the founding fathers of our country made changing the constitution so difficult.

good luck.
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Old 11-12-2006, 11:07 AM
 
Location: Port St. Lucie and Okeechobee, FL
1,307 posts, read 5,505,819 times
Reputation: 1116
By the way, the major supporters of this constitutional amendment process in Florida are the very ones who like to pretend they are defenders of constitutions -- the conservatives.
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Old 11-21-2006, 11:32 PM
 
421 posts, read 348,584 times
Reputation: 66
Another initiative had something to do with the way that pregnant pigs are treated.

I voted for that.
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Old 11-22-2006, 01:58 AM
 
Location: Port St. Lucie and Okeechobee, FL
1,307 posts, read 5,505,819 times
Reputation: 1116
Quote:
Originally Posted by sweattea View Post
Another initiative had something to do with the way that pregnant pigs are treated.

I voted for that.
Why does that not surprise me?
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