Skip to Navigation | Skip to Main Content | Skip to Site Map

Account: Sign Up | Login

Florida Constitution Revision Commission

PUB 700126: MINIMIZING GOVERNMENT (DEFAULT PREUMPTION) by Larry Gillis

ARTICLE I: DECLARATION OF RIGHTS, New Section.

Catchline: MINIMIZING GOVERNMENT

In order to make use of only so much of governmental power as is actually essential to the accomplishment of legitimate governmental purposes, all branches of Florida government (including all political subdivisions, courts and administrative agencies), when confronted with perceived societal problems:

(a)  shall engage in an active presumption against governmental action, unless a need for action shall plainly and persuasively appear;

(b) if the need for action shall plainly and persuasively appear, then simple legislation may be enacted, consistent with all constitutional provisions, but any such legislation shall be narrowly tailored to address that societal problem;

(c) courts and administrative agencies shall narrowly construe any constitutional provision granting governmental power or legislation granting governmental power or administrative rule granting governmental power, with a presumption that no governmental action is authorized or  --  if governmental action is actually authorized  --  shall presume that such grant of power is limited by the plain purpose of the constitutional provision, legislation or administrative rule;

 (d) courts shall not show any deference to administrative interpretations of enabling legislation or any other legislation, but may receive the same as useful and informative.