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Florida National Guard, Amendment 4 (1938)

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The Florida National Guard Amendment was a legislatively-referred constitutional amendment in Florida which was approved by voters in the general election on November 8, 1938.

This amendment modified XIV Article of the Florida Constitution to provide for a federally-recognized Florida National Guard.[1]

Text of measure

The language that appeared on the ballot:


To Amend Article XIV of the Constitution of the State of Florida relating to State Militia by adding Section 5, providing for a Florida National Guard subject to the lawful orders of the Governor as Commander-in-Chief, providing for its support and maintenance in accordance with Acts of Congress and regulations of the United States War Department, providing for the officers to the Federally recognized National Guard to be appointed or suspended, discharged, removed, or retired, solely on the basis of military proficiency, character and service, and that qualifications of officers and soldiers thereof shall be prescribed in accordance with specifications of the United States War Department.[2][3]

Constitutional changes

Section 5. Florida National Guard. (a) Whenever there shall be in the State of Florida a federally recognized National Guard, the same shall be sui generis and subject to the lawful orders of the Governor, who shall be Commander in Chief.

(b) The National Guard shall be supported and maintained by the State of Florida pursuant to provisions of law prescribed for organizing, arming, governing and disciplining said National Guard in accordance with the Acts of Congress and regulations of the United States War Department thereunto pertaining.

(c) Officers of the federally recognized National Guard, including the Adjutant General, shall be appointed, and shall be subject to suspension, discharge, removal or compulsory retirement as such, solely on the basis of military proficiency, character and service, as determined according to army regulations and usages sanctioned by law, anything in this Constitution to the contrary notwithstanding.

(d) The qualification of officers and soldiers of the Federally Recognized National Guard shall be prescribed in military regulations promulgated in accordance with the general specifications of the U. S. War Department.[1]

Path to the ballot

  • The amendment was placed on the ballot as Senate Joint Resolution 625 of 1937.
  • The amendment was approved by the Governor on May 29, 1937.
  • The amendment was filed in Office Secretary of State on May 31, 1937.[1]

See also

Suggest a link

External links


  1. 1.0 1.1 1.2 Florida Constitution Revision Commission, "Amendments, Election of 11-8-38"
  2. The Palm Beach Post, "Sample Ballot," November 6, 1938
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.