1. Florida, man. This week’s edition of #50Weeks50Constitutions explores the constitutional history of the #SunshineState. Originally a Spanish territory & subject to the Spanish constitution of 1812, it was ceded to the U.S. in 1821. But it took a few years to become a state.
2. A convention was (finally) convened in 1838, with 56 delegates representing a population sharply divided on whether Florida should even be a state & whether it should be kept as one or split into two. With hindsight, we know the answer to both queries.
3. The convention borrowed extensively from other states, especially Alabama. Most debates over the structure of government & rights had long been settled (except the slavery issue) so the main debate was over whose interests should be primary: bankers or farmers.
4. In light of this, an entire article in the constitution was devoted to banks & other corporations. The constitution prohibited certain members of the banking industry from serving as executive officers or in the legislature. And a bunch of other rules: 
5. This constitution was adopted and approved by a small margin of voters in 1839. But Florida did not officially become a state until 1845. The dynamics of national politics, especially the issue of slavery, held-up Florida’s admission to the Union.
6. The Declaration of Rights was at the front of the constitution. It contained many of the typical recitations of rights, but also included a Baby Tenth Amendment, likely from Mississippi's version, which declared all laws contrary to the Declaration of Rights to be void.
7. This Declaration also enumerated the inalienable & indefeasible right of the people to abolish the form of government adopted in whatever manner “they may deem expedient.” No limit was placed on the right to revolt.
It's a right we've seen before ...
It's a right we've seen before ...
8. Like many earlier states, the constitution created more separation between church & state than the federal constitution. Florida prevented any clergyman or minister from holding any office in the state government.
Also something we've seen before ...
Also something we've seen before ...
9. It lasted until 1861 when Florida joined the Confederacy. Besides pledging allegiance to the confederate gov, the 1861 version shortened the governor’s term from 4 to 2 years & dropped prohibitions on bankers & ministers running for office (wow, quite a juxtaposition, huh?).
10. After the South lost, Florida had to adopt a new constitution. They tried in 1865 but failed to provide the requisite measure of rights to the freedman. The Constitution was not accepted by Congress, & Reconstruction began. Florida successfully tried again in 1868.
11. The 1868 version raised the governor’s term to 4 years, but allowed only one. It removed language disparaging the rights of the freedmen, & required the legislature to create a system of public education.
The 1868 redo was a common Southern story.
The 1868 redo was a common Southern story.
12. But also similar to most Southern states, the Reconstruction constitution did not last long. Once Reconstruction ended the Democrats regained power. They called for a new convention in 1885.
13. This 1885 constitution distributed the executive power, made many of the cabinet offices elected, as opposed to appointed, included a poll tax, a ban on mixed race marriages, & provided for segregated schooling.
14. This constitution was changed *a lot.* It was amended over 200 times until a systematic revision of all but one article (the judicial article) took place in 1968. Notably, the most amended was the judicial article which, by 1956, contained 54 sections.
15. The 1968 revisions cut the length of the constitution in half through the deletion of obsolete and redundant language.
16. On a more substantive level, the Declaration of Rights added equal protection language and eliminated provisions prohibiting interracial marriage and protecting school segregation.
17. The judicial article was finally revised and reorganized as well in the next decades. Floridians have continued amending the constitution, and numerous proposed Amendments are in the works now. It is consistently amazing how much more responsive state constitutions are.
18. Sources for this week’s edition of #50States50Constitutions:
floridamemory.com/items/show/189…; floridamemory.com/items/show/189…; flsenate.gov/laws/constitut…; books.google.com/books?id=2DBAD…; scholarship.law.ufl.edu/cgi/viewconten…
floridamemory.com/items/show/189…; floridamemory.com/items/show/189…; flsenate.gov/laws/constitut…; books.google.com/books?id=2DBAD…; scholarship.law.ufl.edu/cgi/viewconten…
