Legal Opinion

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Florida Attorney General Reports

Decided December 29, 1977Published

1Opinion of the Court

QUESTIONS:

1. Is s. 8(e), Art. II of the Florida Constitution a self-executing constitutional amendment?

2. Is the prohibition against lobbying contained in s. 8(e), Art. II, violative of either the United States or Florida Constitution?

SUMMARY:

Section 8(e), Art. II, is a self-executing provision of the Florida Constitution insofar as it prohibits conduct by legislators and statewide elected officers. It is not self-executing regarding other public officers or employees, and hence legislative direction is required to bind such other officers and employees by its prohibitions. In accordance with…

2Cases cited25 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. Elrod v. BurnsSupreme Court of the United States · 1976
  4. Olsen v. Nebraska Ex Rel. Western Reference & Bond Assn., Inc.Supreme Court of the United States · 1941
  5. Fritz v. GortonWashington Supreme Court · 1974

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