October 26, 2012

2012 Florida Amendment Voter Guide

WOW - 11 Proposed Amendments To the Florida Constitution! There were 12 proposed but Amendment 7 didn't pass the requirements to be on the ballot. The following excerpt shares the introduction to the 2012 Florida Amendment Voter Guide by KrisAnne Hall. Visit the online guide to the Amendments and the authors insights on the Constitutional way to vote. Don't change OR give up your future rights and those of your children without first Reviewing the Amendments and reading this guide!

By KrisAnne Hall: The Introduction To The Guide: This guide is designed to inform the voter on certain aspects that I do not see being presented in other voter guides. The voter is always ultimately responsible for their vote. I do not take responsibility for anyone’s vote; we will all answer individually one day for our choices. With that in mind, be sure that you VOTE YOUR CONSCIENCE!

As a general rule I am opposed to Constitutional Amendments, unless it is a truly Constitutional issue. Our Constitution is supposed to be the Supreme Law of the State, establishing guidelines for government, fundamental rights belonging to Floridians, and principles by which we are to govern. Statutes, on the other hand, are supposed to be the instrument we use to enact laws through legislation in our Republican form of government. Florida has gotten very lazy about these distinctions.

I had hoped we had learned about cluttering up our Constitution when we passed the “pregnant pig” and the “super train” amendments. For the rest of the country, yes, Florida did establish constitutionally protected rights for pigs, yet somehow we have a problem establishing constitutionally protected rights for unborn children. The Constitutional Amendment we passed for a High Speed Rail nearly bankrupted the state. We established that the people had a constitutional right to a form of transportation that we had no means to fund. Consequently, we had to pass another Constitutional Amendment to withdraw the previous one, uselessly expending an enormous amount of tax payer dollars on both ends.

With those two examples in mind, I would like those who view this guide to keep in mind a few things:

When you vote YES and pass a Constitutional Amendment you are creating a constitutionally protected RIGHT to something which includes the appropriate protections and assignments.

Constitutionally protected rights must be provided under equal access of the law to all citizens of the state, without discrimination.

If you vote YES, the only way to fix that amendment is through another Constitutional Amendment.

The amendment process represents a great expense to the tax payers. Laws should be passed by LEGISLATORS and put into statutes. That is how Republican Governments work. Repealing or amending statutory laws are part of the everyday legislative process. So if legislators forget to put something in a law or the law turns out to be a bad idea, the legislators simply amend or repeal the law through proper legislative measures. The Constitution provides the basis for the Legislature to create these laws consistent with the Constitution with language such as “The Legislature may, by general law, enact…” NEARLY EVERY ONE OF THE AMENDMENTS ON THIS BALLOT SHOULD HAVE BEEN RESERVED TO STATUTORY LAW AND NOT CONSTITUTIONAL LAW.

Why would our legislators want to use the amendment process rather than the proper legislative process? In some of these instances, they tried, but the legislation failed. They are cluttering up our Constitution to compensate for failed legislation. Perhaps in other instances, by enacting a law through the constitutional amendment process, they can mitigate their responsibility for the law; after all, it was the “will of the people.” We are a representative government, not a democracy. Our constituency is not adequately informed to make the necessary decisions on these amendments (e.g. pregnant pigs and bankrupting super trains).

If the Legislators insist on using the amendment process instead of the proper legislative process, I frankly see very little need to continue having legislators. We could simply move to a pure democracy, fire all those who feel too burdened to do their job and save some money.

We currently have 7 volumes of statutory law. If we are not careful, our Constitution will look the same.    ....

Read the 2012 Florida Amendment Voter Guide.
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KrisAnne Hall is an attorney and former prosecutor. But more important, she knows and travels the country and teaches the Constitution and the history that gave us our founding documents. She is a US ARMY disabled veteran, a Russian linguist, a mother, a pastor's wife and a patriot. Awarded the Freedom Fighter award by Americans for Prosperity, the Certificate of Achievement from the Sons of the Revolution for her defense of Liberty, and Congressman James Blair Award for Defending the Constitution.

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