Guest Author“ I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida …So help me God.” Article II Section 5 Constitution of the State of Florida.
The Florida Constitution requires every elected or duly appointed member of the executive, legislative, and judicial branches of government to take that oath upon entering their term of office. The oath makes clear the importance of the constitutions of both the United States and the state of Florida in determining the nature of our republican form of government.
Having been first elected in 2008 to the Florida House of Representatives and having served continually since, I have participated in the redistricting process that is required after every census by our federal and state constitutions. Historically, the redistricting process has been a complex process of balancing the constitutional protections for our citizens. The adoption in 2010 of the Fair District Amendments to the Florida Constitution added new dimensions to the existing complexity.
In 2012 the Florida Legislature made a good-faith attempt to fulfill its constitutional responsibility by adopting legislative maps for the Florida Senate and the Florida House of Representatives as required by the Florida Constitution. Subsequently, the Florida Senate map was challenged in a judicial proceeding that was the basis for the recent Special Session, which was ultimately unsuccessful in the Florida Legislature reaching an agreement to adopt a new Florida Senate redistricting map. The Florida Constitution is clear that if the Florida Legislature is unable to adopt a redistricting map for either the Florida Senate or Florida House of Representatives, then the Florida Supreme Court has the authority to adopt a map.
In 2012, the Florida Legislature adopted a redistricting map for the congressional districts in the United States House of Representatives as required by the U. S. Constitution. Prior to 2010 and the adoption in the Florida Constitution of the previously mentioned Fair District Amendment, there was no mention of the congressional redistricting process in the Florida Constitution, because the authority for redistricting the congressional map is granted by the U.S. Constitution. A judicial proceeding was brought in state court challenging the congressional map adopted in 2012 by the Florida Legislature utilizing the provisions of the Fair District Amendment. On about July 9, 2015, the Florida Supreme Court issued its opinion in the case League of Women Voters of Florida v. Ken Detzner, as No. SC14-1905.
Beginning at page 100 of the opinion, the court asserts that it has the authority to adopt a congressional redistricting plan when the Legislature fails to do so. The only precedent cited by the court is a Colorado Supreme Court case interpreting a section of the Colorado state constitution directing the Colorado General Assembly to draw congressional boundaries. No similar provision exists in the Florida Constitution.
The assertion by the court that it has the authority to adopt a congressional redistricting plan when the Legislature fails to do so violates Article I, Section 4, Clause 1, of the U.S. Constitution, which vests exclusive authority to regulate the time, place and manner of congressional elections in state legislatures, subject only to oversight by Congress. The court at most has the authority to interpret the legal requirements of Article III, Section 20 of the Florida Constitution (Fair District Amendment) as to any congressional redistricting plan adopted by the Legislature and to make recommendations to the Legislature as to the legality of any congressional redistricting plan the Legislature might adopt.
There is no authority in the Florida Constitution for the Court to adopt a congressional redistricting map and any attempt to do so by the Court is a violation of Article II, Section 3 of the Florida Constitution. This provision requiring separation of powers between the three branches of government is very clear as to congressional redistricting: “No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.” Article II, Section 3, second sentence Constitution of the State of Florida.
In its opinion, the Florida Supreme Court also directed the Florida Legislature to meet in Special Session to adopt a new congressional map consistent with their opinion. The Florida Legislature convened the Special Session as directed but was not able to come to an agreement to adopt a new congressional map. During the Special Session the new congressional maps were debated on the floor of the Florida House. In my remarks during the debate I explained the responsibilities of the Florida Legislature and the Florida Supreme Court as set forth above. I also explained that if the Florida Supreme Court went forth and adopted a congressional map that had not been approved by the Florida Legislature, then it would be the constitutional responsibility of the Florida House to file articles of impeachment pursuant to Article III, Section 17 of the Constitution of the State of Florida against the justices who have violated both the Constitution of the United States and the State of Florida.
On Dec.2, 2015 the Florida Supreme Court issued an opinion that will result in the judicial adoption of the final congressional redistricting map without the map being approved by the Florida Legislature. The Florida House of Representatives has the responsibility to defend our constitutions. Our sacred oath requires no less.
State Rep. John Wood represents state House District 41, which includes Winter Haven and Haines City in northern Polk County. Column Courtesy of Context Florida.
