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Is a Bill that has passed the Florida...
Is a Bill that has passed the Florida House and Senate and awaiting the governor's signature ever subjected to vetting as to its constitutionality, prior to being signed into law?
Hypothetical Scenario: A bill has just been passed by both the Florida House and Senate and is sent to the Governorfor his signature. Presumably this bill is now ripe for vetting for constitutional muster. Any earlier vetting would be subject to changes in the wording of the bill and therefore not be ripe.
Question: Does the Governor, prior to sinning the bill into law, make sure that the proposed law is vetted for constitutional muster or not?
I have made inquiries in Tallahassee. It seems probable that no bill is ever so vetted.
I understand that a bill may be vetted by its sponsors prior to the bill reaching its final form. But that is unpersuasive. Because it reflects the sponsor's partisan bias and anyway is not the final wording.
So, presumably, the issue of whether or not it is unconstitutional rests entirely on the presumed belief that the sponsors had legally verified the original bill for that fact in some manner. Which is hardly possible since the wording of the original bill is often changed before it is passed.
It also looks like all the State Inspectors General, some of whom have duties that either do, or should include, making sure that no unconstitutional bill is ever signed by the Governor, have nothing to do with this issue. I regard this as a fatal flaw in the system. Because it means that unless and until somebody is willing to pay for and sustain the aggravation of any lawsuit, unconstitutional obligations can and will be imposed by the State.
How say you?16 March 2018 04:11
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Answered in 19 minutes by:
3/16/2018
RayAnswers
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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All bills here have analysis from the legislature staff and that includes comments about potential constitutional or legal issues.But until they are adopted here its only bill summaries that may point out potential issues.As you state it is not a full vetting that is reserved for the judicial branch.

Often a suit for declaratory judgment is brought seeking to have law declared unconstitutional before it has actually been implemented. Once the law has been implemented it can still be challenged by anyone harmed here.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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I am assume you are referring to the gun control bill

State lawmakers formally delivered the reform package Thursday. The governor has 15 days to sign it, veto it or let it become law without his signature.

The measure would raise the minimum age to buy rifles from 18 to 21 and extend a three-day waiting period for handgun purchases to include long guns. It also would create a so-called guardian program enabling school employees and many teachers to carry handguns if they go through law enforcement training and their school districts agree to participate.

Other provisions would create new mental health programs for schools and establish an anonymous tip line where students and others could report threats to schools. The bill would also ban bump stocks that allow guns to mimic fully automatic fire and seek to improve communication between schools, law enforcement and state agencies.

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Already suit pending

The National Rifle Association today announced that it has filed a lawsuit challenging the State of Florida’s newly-enacted ban on the purchase of firearms by young adults between the ages of 18-21.

Florida’s ban is an affront to the Second Amendment, as it totally eviscerates the right of law-abiding adults between the ages of 18 and 21 to keep and bear arms. The ban is particularly offensive with respect to young women, as women between the ages of 18 and 21 are much less likely to engage in violent crime than older members of the general population who are unaffected by the ban. Despite this fact, the State of Florida has enacted a sweeping law banning all young adults between the ages of 18 and 21 from purchasing any firearm from any source. ***** *****, the Executive Director of the NRA’s Institute for Legislative Action, stated, “Swift action is needed to prevent young adults in Florida from being treated as second-class citizens when it comes to the right to keep and bear arms.

We are confident that the courts will vindicate our view that Florida’s ban is a blatant violation of the Second Amendment.” The case is National Rifle Association of America, Inc. v. Bondi, and it has been filed in the United States District Court for the Northern District of Florida.

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This is the kind of thing that will find its way to the US Supreme Court in all likelihood.

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Customer reply replied 1 month ago
Hello Ray- Nice to hear from you again on my questions. Actually the gun question was only an example. But it serves me well to understand the issue. Now that the challenge by the NRA is made on a State wide basis, what happens?
1. Can the government still enforce the law on the grounds that it has prime facie validity until a court of law says otherwise? or
2. Is the government estopped from doing so against everybody until it wins in court? and if so, at what level? Circuit/Appellate or Supreme?
3. If it can and does enforce the law anyway, is it then liable for damages if the law is eventually overturned?
I understand that I ask difficult questions that sometimes go to far for the limited purpose you get paid for. If so, please say so, answer what you wish and accept my apologies for pushing the envelope. I am providing you with the 5 star rating.

1.Yes but likely they are seeking a TRO and will get it.

2.If denied the TRO they will appeal the interim order denying it.

3.Likely the only damages here would be paying the NRA legal fees if NRA prevails.For what its worth this is going to be a real uphill fight for the NRA.

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This is a very limited bill they wanted to bank assault rifles totally, neither side may like it but real hard for NRA to prevail on it I think.

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Customer reply replied 1 month ago
Thanks again Ray. On a personal level, I am a fervent supporter of the second amendment. As an immigrant I have always felt that far too many native born Americans fail to appreciate the importance of the right to bear arms as the first defense against tyranny. On the other hand I have also been against the popular "slippery slope" legal argument so often made on both sides of so many questions. Which is what keeps reasonable people from supporting reasonable gun laws lest they open the door to far worse later. That results in reasonable people all too often appearing crazy for insisting on the right of everybody to buy assault weapons made only to kill human beings.
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