I get your point but at the same time isn't it true democracy when the people are voting directly to make a change? There is no process (thankfully?!) where the US Constitution gets updated based on popular vote. Obviously each state is not a republic though you can argue that the counties (or parishes or whatever) are like states in the U.S so you can argue that you don't want the high population density dictating what the state does which is the risk letting people vote directly but if you take that angle then who has the authority/responsibility to change a state Constitution?. At the end of the day what rights does the legislature have? They have the authority based on the Constitution, so if the people can't change the Constitution then how do they keep the legislature in check (either by granting or rescinding authority)?Nope. I will not vote Yes on any Constitutional amendments. I always automatically vote NO... 100% of the time.
The Constitution is not for making trivial laws like legalizing pot or abortion or anything to do with hunting and fishing. This amendment process left to voters INTENTIONALLY circumvents the legislative process... which belongs in... you guessed it... the LEGISLATURE! It's THEIR fucking JOB.
I automatically vote NO on all constitutional amendments. Even the state constitution should not be subject to the democratic process nor to arguments grounded in social utility.
It's a matter of legal and constitutional principle for me. I will never join in with the public to amend the constitution to facilitate the passage of laws (and enshrining them in the Constitution) while abdicating the PROPER legislative process.
I'll stand by for flaming.![]()
If I put on my Libertarian hat, I'd argue that fishing and smoking weed are basic freedoms (human rights?) that we all should have. Why does the government have a right to regulate either? What better place to enshrine that than a state Constitution?The Constitution is NOT the place to pass laws (by popular vote) regarding things that are not important human or civil Rights. The Constitution should be used to pump the brakes on tyranny. Not to "protect" weed or fishing.
We aren't a true democracy. But I know you know that.I get your point but at the same time isn't it true democracy when the people are voting directly to make a change?
Exactly. The same should be true for state constitutions.There is no process (thankfully?!) where the US Constitution gets updated based on popular vote.
None. The gov't has no Rights. The People have inalienable Rights.At the end of the day what rights does the legislature have?
The People have never been able to change the (US) Constitution. And it's intentionally VERY difficult for the gov't to amend the Constitution. Again, I believe the same should be true for a state constitution. The Constitution is NOT the place for trivial matters like fishing and smoking weed.They have the authority based on the Constitution, so if the people can't change the Constitution then how do they keep the legislature in check (either by granting or rescinding authority)?
I would argue that neither of those are human or civil Rights. Likewise, people don't have a right to health care. Why not a "right" to a roof over your head? Food and shelter? Nothing is more essential to life than food and shelter. But there is no right to those things, either.I'd argue that fishing and smoking weed are basic freedoms (human rights?) that we all should have. Why does the government have a right to regulate either?
It's the WORST place to "enshrine" them. They are trivial matters that do not merit "enshrinement" AT ALL. They do not belong on the same mantle as Free Speech.... or protections against unreasonable search and seizure.... or the right to legal representation when charged with a crime.... and so on. Weed and fishing do NOT occupy the hallowed space of true human rights.What better place to enshrine that than a state Constitution?
Point and counter point. We the people give power to the Govt via the Constitution then we the people can amend what that power is. With that said, my prior comments were looking at it from the perspective of clarifying what freedom the people have (the right to bear arms, the right to free speech, the right to fish, whatever). You can choose to belittle one freedom over another if you choose, but I would argue freedom is freedom unabated. With that in mind, yeah, if we are willy-nilly updating the Constitution then we run the risk of restricting freedom too. My commentary was focused on affirming permissive statements vs restrictive.. again... to argue that fishing and weed are at that same level (as Free Speech) and are deserving of being "enshrined" is frankly... well, I disagree strongly, not to mention I think it's very very dangerous, IMO. That is the job of the legislature.... for which they are accountable (to the voters).
I disagree with your assessment here -- IMHO no state in the republic can restrict beyond the U.S, Constitution - by being part of the union each state agrees to the US Constitution as a super authority and what is states. While states do restrict 2A freedoms, I argue they are unjust and Unconstitutional. So no, a state can not restrict freedom of speech any more than they can restrict the 2A or restrict the right to unreasonable search and seizure, etc.By your argument, the people should ALSO be able to amend / eliminate the Right to Free Speech, which IS enshrined in the Florida State Constitution. Should the people be able to rescind that with a 60% popular "democratic" vote? FUCK NO.
My argument isn't that fishing and weed are on the same level, my argument is that as a free people the government doesn't have a right to restrict what we do period. We've given them a construct for what they can do and if we didn't state that they can do it, then they can't. Clearly there is a lot of overreach and stepping out of said boundaries (by the deep state). Clearly too said deep state is threatened by certain people running for office.So.... again... to argue that fishing and weed are at that same level (as Free Speech) and are deserving of being "enshrined" is frankly... well, I disagree strongly, not to mention I think it's very very dangerous,
No. The Constitution is not an affirmative document. It's a restrictive document. It restricts what the gov't can do. It does not "allow" citizens to do things.With that in mind, yeah, if we are willy-nilly updating the Constitution then we run the risk of restricting freedom too. My commentary was focused on affirming permissive statements vs restrictive.
LOL! I'm overlooking that? I previously DEFINED it. Of course the Constitution has been amended... hence the very word, "AMENDMENT." But there is a process by which that happens. In a nutshell, 2/3rds of both chambers of Congress have to approve it, and THEN 3/4 of the states have to ratify it.At the end of the day you are overlooking the obvious which is the fact that there is a process to change the Constitution both US and state. In fact, the US Constitution has been changed a bit since the republic was formed. In the case of alcohol it was changed to prohibit and then back to allow. In the case of slavery it was formed to permit and later changed to not allow. It is feasible that a majority of states could vote to remove the 2A. While I think that would be totally effed up and wrong, it could happen. The Constitution could be changed to remove the electoral college and choose POTUS by popular vote.
Difficult as described above for the US Constitution. In the case of Florida's constitution, an amendment on the ballot needs to be approved by 60% of the voters. While not as difficult as the US Constitution, 60% is a higher bar than a simple majority of 50.1%, for example.As you argue your point on the changes to a state constitution you aren't proposing a solution. What does "difficult to change" mean? Stating the legislature control it in and of itself doesn't make it difficult.
Fine. Then we don't need any law at all (regarding fishing), right? I'm cool with that. We shouldn't need even a license to fish. Yet, here we are. Lobsters can only be taken in a legally defined "season." That won't change. And, by the way, READ that fishing / hunting "amendment." It actually does nothing, as it specifically retains the power of the FWC to regulate hunting and fishing as it always has. No change at all. It's symbolic bullshit.My argument isn't that fishing and weed are on the same level, my argument is that as a free people the government doesn't have a right to restrict what we do period.
LOL! You can call me asshole all you want.So why would you NOT vote to enshrine the right to hunt in the FL Constitution unless you were some kind of obstinate A-hole...![]()
Do you really want to leave WMAs only to the potheads and coat-hanger squads?
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Lawyers aint people. JSYears ago, they had another amendment on the ballot to limit the amount of money personal injury / malpractice lawyers could make. I voted NO (of course, for all the reasons I've mentioned). My friends were aghast. Everyone hates lawyers, right? Screw them! Screw the lawyers who make all the money in the end. Right? I get it, but....
Here's the other problem with that. If we authorize the gov't to limit the income of ONE profession or group... Who's NEXT??? Be careful what you wish for, eh?
That's a good point. And of course the language is intentionally confusing and therefore can be spun or argued either way as needed for the convenience of attorneys.Only amendment Id vote yes on is one that makes it law that all laws are in plan english as to allow the layman to understand them.
It is impossible for anyone to know, let alone understand the language used to rule them today.
...ANYHOW, at the start of the class, a couple FWC officers gave a most excellent presentation about licensure and enforcement. Public, non-hunter impression of hunters was also discussed as was the aforementioned "you better fucking vote YES on #2" Amendment...
Why can't / won't the legislature pass a law "protecting" fishing and hunting?
Only amendment Id vote yes on is one that makes it law that all laws are in plan english as to allow the layman to understand them.
It's just not in my DNA to go along to get along. I'm a natural non-conformist. And I'm also prone to looking into things for myself... do my own reading and research, rather than just accepting the narrative from the talking heads.Look, I agree with you on the concept of rights but sometimes you gotta comply with the man...Go along to get along.
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Yep.... and I cannot be a part of it or "go along to get along." Nope. It goes against fiber in my being. The downside is that some people... many people... don't like that. So, they "unfriend" me. I think that's terrible. But ultimately I'm OK with it. I accept it as the cost of being principled.Unfortunately the Pandora's Box of Constitutional Amendment here in FL has been opened so as long as enough signatures can be forged, an amendment can get on the ballot.Then the forces that be will advertise the shit out of their side and that is how idiot amendments get into the Con.
So, they "unfriend" me. I think that's terrible. But ultimately I'm OK with it.
LOL! Well, it takes one to know one!I'll still be your friend no matter how much of an Ahole you are...![]()