Cases and Materials on Florida Constitutional Law

Abstract

This book of CASES AND MATERIALS ON FLORIDA CONSTITUTIONAL LAW is intended for educational use. It differs from other casebooks on this topic in that it approaches the study of state constitutional law from a comparative constitutional law perspective. Part 1 explores the question of how a state constitution can produce its own jurisprudence in light of the supremacy of the United States Constitution. Part 2 outlines the canons of construction for the Florida Constitution. Part 3 introduces the concept that a state constitution can be a source of heightened civil liberties and fundamental rights. Part 4 explores this issue in greater detail by using the Florida Constitution as an example. Part 5 identifies Florida Constitutional rights without an exact parallel to those in the text of the US Constitution and asks whether Florida has taken its own path in interpreting or implementing the identified constitutional rights. Part 6 introduces rights embodied in the text of the Florida Constitution that are not embodied in the text of the US Constitution. In so doing, we compare Florida's approach to those of other state constitutions. Part 7 addresses the familiar refrain that unlike the federal constitution a state's constitution is a restriction upon power not a grant of power. Part 8 looks at state constitutional criminal procedure by examining the ancient origin of the jury and the recent origin of Florida criminal procedure. Part 9 examines the US Supreme Court's acceptance of a state's inherent police power, and state-by-state differences in zoning and nuisance law, so as to better understand how eminent domain and inverse condemnation may differ under state constitutions such as Florida's.