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VOTE NO ON #2!
It's Overkill! |
Why Proposed Constitutional
Amendment #2 is a Deception
A line-by-line analysis
On Friday, October 9, a lawsuit was filed seeking to remove
Amendment #2 from the ballot due to its deceptive language.
We have no way of knowing if the lawsuit will be successful,
so we are working to educate Florida voters about why they
should oppose Amendment #2. If you have any questions, or
if you would like to help the effort to defeat Amendment #2,
please contact us at 800-973-6548.
UPDATE: The lawsuit was refused by the Florida Supreme Court
(presumably
because the Florida Supreme Court has a vested interest in the outcome)
and
has been resubmitted to a lower court. Check back for updates!
Floridians fall into three groups when it comes to the death
penalty: those who are opposed; those who have no strong feelings
on the matter; and those who strongly support any effort to
strengthen or promote it. Amendment #2 should offend Florida
voters from all of these categories. The first reason Florida
voters should be suspicious of Amendment #2 is because it is
impossible to explain in a few short sentences. If for no other
reason than that, Amendment #2 should be opposed by every concerned
Florida voter. However, there are plenty of substantive reasons
to vote "NO" on Amendment #2.
Placed on the ballot by the Florida legislature, Amendment #2 has
a deceptive ballot title: "PRESERVATION OF THE DEATH PENALTY;
UNITED STATES SUPREME COURT INTERPRETATION OF CRUEL AND UNUSUAL
PUNISHMENT."
This title is simply a lie. The fact is that Amendment #2 does not
preserve OR do away with the death penalty, which will stay in effect
whether this amendment passes or fails. However, the amendment does
various other things, some of which have nothing to do with the death
penalty. THERE IS NOTHING POSITIVE OR PRODUCTIVE IN THIS AMENDMENT;
EVERYTHING IN IT IS POTENTIALLY DAMAGING TO YOUR CONSTITUTIONAL
RIGHTS AND PROTECTIONS!
Amendment #2 was placed on the ballot by Florida House Joint Resolution
#3505
, adopted May 5, 1998. The full text of HJR
#3505 is below.
The first thing Amendment #2 does is eliminate a unique provision
of the Florida Constitution not enjoyed by citizens of other states.
The Florida Constitution now prohibits "cruel OR unusual punishment"
for all crimes. This amendment changes that to "cruel AND unusual
punishment." Certain punishments may be unusual but not cruel, or
vice versa. Although the ballot title refers only to the death
penalty, this amendment changes the law as it applies to all
crimes - from traffic violations to shoplifting, to more serious
crimes like theft, assault, and murder. This is a significant
change in Florida law, and it deserves honest debate.
The current prohibition on "cruel OR unusual punishment" is only
one of the many unique rights guaranteed to Florida citizens by
the Florida Constitution - over and above those provided by the
U.S. Constitution. Other such rights are the Right to Work, the
Right to Privacy, the $25,000 Homestead Exemption for homeowners,
and the prohibitions on a State Income Tax and Casino Gambling.
Floridians are proud of such unique protections and should fight
to preserve rather than eliminate them.
Amendment #2 then adds seven sentences to section 17, Article I
of the State Constitution. They are as follows:
Sentence #1: "THE DEATH PENALTY IS AN AUTHORIZED PUNISHMENT
FOR CAPITAL CRIMES DESIGNATED BY THE LEGISLATURE."
Amendment #2 will write into the Florida State Constitution that
"The death penalty is an authorized punishment for capital crimes
designated by the Legislature." This elevates the death penalty
to constitutional status, without mentioning any other punishment.
Particularly left out is the alternative: life imprisonment without
any opportunity for parole (LWOP), or LWOP with 25 years before
eligibility for parole. LWOP is already part of Florida law and
is what the vast majority of convicted capital murderers actually
receive. The death penalty is already established and its
existence is not threatened in any way in the State of Florida
or nationally.
Sentence #2: THE PROHIBITION AGAINST CRUEL OR UNUSUAL PUNISHMENT,
AND THE PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT, SHALL
BE CONSTRUED IN CONFORMITY WITH DECISIONS OF THE UNITED STATES
SUPREME COURT WHICH INTERPRET THE PROHIBITION AGAINST CRUEL AND
UNUSUAL PUNISHMENT PROVIDED IN THE EIGHTH AMENDMENT TO THE UNITED
STATES CONSTITUTION.
If passed, this line in Amendment #2 will effectively strip the
authority of the Florida Supreme Court to interpret the Florida
Constitution with regard to the definition of cruel and unusual
punishment. This function would be passed to the U.S. Supreme
Court. Why would the Florida Legislature want to defer to the
federal judiciary on such an important issue? This is a clear
abdication of the power of the Florida Supreme Court which should
concern all Floridians.
Sentence #3: ANY METHOD OF EXECUTION SHALL BE ALLOWED, UNLESS
PROHIBITED BY THE UNITED STATES CONSTITUTION.
Legislative and legal analysis show that the real purpose of the
amendment is to "preserve" the electric chair. Why are Florida's
Legislators so concerned about the method used to execute
prisoners? Dead is dead, right? This line is in the amendment
specifically to counter fears that Florida's Supreme Court will
rule the electric chair unconstitutional the next time it
malfunctions. This flies in the face of Floridian's stated
preference for lethal injection: The April 1998 Mason Dixon
poll showed that 77 % of Floridians favor a change from
electrocution to lethal injection. It is absurd to change the
foundational document of our State on the basis of how our
prisoners are killed. The truth is that Amendment #2 is a
deceptive attempt to trick Florida citizens into changing the
constitution, abandoning a clearly expressed preference for
lethal injection simply because some legislators revel in the
drama of " Ol' Sparky."
Sentence #4: METHODS OF EXECUTION MAY BE DESIGNATED BY THE
LEGISLATURE, AND A CHANGE IN ANY METHOD OF EXECUTION MAY BE
APPLIED RETROACTIVELY.
The 2nd and 4th sentences of this amendment grant to the
Legislature the sole power to make decisions on which crimes
merit the death penalty and on the method of execution. These
and all laws now require the action of the Legislature and the
Governor, with review by the judiciary. The only time the
legislature can now constitutionally act alone is "in periods
of emergency resulting from enemy attack". This amendment
radically changes our constitutional separation of powers and
takes away an important protection of the people of Florida.
Sentences #2 & #4 transfer power over the death penalty from
the three branches of government to one, the Legislature,
implicate other parts of the Constitution, and radically change
the separation of powers. If the amendment means what it says,
how does the Legislature act? Does the Governor retain any
power? Do the courts have any say?
Sentences #5, #6 & #7: A SENTENCE OF DEATH SHALL NOT BE REDUCED
ON THE BASIS THAT A METHOD OF EXECUTION IS INVALID. IN ANY CASE
IN WHICH AN EXECUTION METHOD IS DECLARED INVALID, THE DEATH
SENTENCE SHALL REMAIN IN FORCE UNTIL THE SENTENCE CAN BE LAWFULLY
EXECUTED. THIS SECTION SHALL APPLY RETROACTIVELY.
The last sentences of Amendment #2 make all its provisions apply
"retroactively." The purpose of doing this is in part to ensure
that, should Florida change its method of execution, we would not
be forced to resentence everyone currently sentenced to die by
electrocution. This last sentence is entirely unnecessary because
last Spring the Legislature passed House Bill 3033er, which not
only allows for lethal injection in the event that electrocution
is invalidated, it also provides for retroactivity.
******************
As you can see, Amendment #2 is totally unnecessary. Why then
is the Legislature putting it forward? Could it be political
grandstanding by politicians who are so lacking in vision,
creativity and common sense that instead of enacting policies
which actually prevent violent crime, they continue to play on
our fears? You be the judge. Vote NO On #2!
AMENDMENT LANGUAGE
FLORIDA HOUSE JOINT RESOLUTION 3505 ADOPTED MAY 5, 1998
SYNOPSIS: A joint resolution proposing an amendment to s. 17,
Art. I of the State Constitution, relating to excessive punishment.
NOTICE: [A) UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED (A]
[D) Text within these symbols is deleted (D]
TEXT: Be It Resolved by the Legislature of the State of Florida:
That the amendment to Section 17 of Article I of the State
Constitution set forth below is agreed to and shall be
submitted to the electors of Florida for approval or rejection
at the general election to be held in November 1998:
SECTION 17. Excessive punishments.--Excessive fines, cruel
[A) AND (A] [D) or (D] unusual punishment, attainder, forfeiture
of estate, indefinite imprisonment, and unreasonable detention
of witnesses are forbidden. [A) THE DEATH PENALTY IS AN
AUTHORIZED PUNISHMENT FOR CAPITAL CRIMES DESIGNATED BY THE
LEGISLATURE. THE PROHIBITION AGAINST CRUEL OR UNUSUAL PUNISHMENT,
AND THE PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT, SHALL
BE CONSTRUED IN CONFORMITY WITH DECISIONS OF THE UNITED STATES
SUPREME COURT WHICH INTERPRET THE PROHIBITION AGAINST CRUEL AND
UNUSUAL PUNISHMENT PROVIDED IN THE EIGHTH AMENDMENT TO THE UNITED
STATES CONSTITUTION. ANY METHOD OF EXECUTION SHALL BE ALLOWED,
UNLESS PROHIBITED BY THE UNITED STATES CONSTITUTION. METHODS OF
EXECUTION MAY BE DESIGNATED BY THE LEGISLATURE, AND A CHANGE IN
ANY METHOD OF EXECUTION MAY BE APPLIED RETROACTIVELY. A SENTENCE
OF DEATH SHALL NOT BE REDUCED ON THE BASIS THAT A METHOD OF
EXECUTION IS INVALID. IN ANY CASE IN WHICH AN EXECUTION METHOD
IS DECLARED INVALID, THE DEATH SENTENCE SHALL REMAIN IN FORCE
UNTIL THE SENTENCE CAN BE LAWFULLY EXECUTED BY ANY VALID METHOD.
THIS SECTION SHALL APPLY RETROACTIVELY. (A]
BE IT FURTHER RESOLVED that in accordance with the
requirements of section 101.161, Florida Statutes, the title
and substance of the amendment proposed herein shall appear
on the ballot as follows: PRESERVATION OF THE DEATH PENALTY;
UNITED STATES SUPREME COURT INTERPRETATION OF CRUEL AND UNUSUAL
PUNISHMENT.
CALL US TO REQUEST A VOTE NO ON #2 YARD SIGN AND/OR BUMPER STICKER!
cuadp@cuadp.org
800-973-6548
www.cuadp.org/florida/
Paid for by the "Vote NO On #2" Campaign,
Carolyn B. Gray, Treasurer
PMB 297, 177 U.S. Hwy. #1,
Tequesta, FL 33469
Field Office (through Nov. 7):
11400 Morris Bridge Rd.
Temple Terrace,
FL 33637
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