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Florida National Guard Amendment (1938)
| Florida National Guard Amendment | |
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| Election date |
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| Topic State National Guard and militia |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Florida National Guard Amendment was on the ballot as a legislatively referred constitutional amendment in Florida on November 8, 1938. It was approved.
A “yes” vote supported establishing a Florida National Guard. |
A “no” vote opposed establishing a Florida National Guard. |
Election results
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Florida National Guard Amendment |
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| Result | Votes | Percentage | ||
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98,616 | 85.77% | ||
| No | 16,365 | 14.23% | ||
Text of measure
Ballot title
The ballot title for National Guard Amendment was as follows:
| “ | CONSTITUTIONAL AMENDMENT ARTICLE XIV 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. FOR THE AMENDMENT AGAINST THE AMENDMENT | ” |
Full Text
The full text of this measure is available here.
Constitutional changes
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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. |
Path to the ballot
- See also: Amending the Florida Constitution
A 60% vote was required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That amounted to a minimum of 51 votes in the Florida House of Representatives and 18 votes in the Florida State Senate, assuming no vacancies. Amendments did not require the governor's signature to be referred to the ballot. Amendments on the ballot required a simple majority vote in this year.
See also
External links
- Florida Constitution Revision Commission, "Florida's Constitutions: The Documentary History"
- St. Petersburg Times, "Sample Ballot for Today," November 8, 1938
Footnotes
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State of Florida Tallahassee (capital) |
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