Comparison of Bill of Rights
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Chamberlain University College of Nursing *
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330N
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Political Science
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Apr 3, 2024
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docx
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Comparison of the Bill of Rights (U.S. Constitution) and New York State Constitution
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Comparison of the Bill of Rights (U.S. Constitution) and New York State Constitution
A basis of American democracy, the Bill of Rights, which is comprised of the first 10 Amendments to the U.S. Constitution, protects key rights and freedoms. Every state in the union has a constitution of its own, which can be analogous to these federal rights. To analyze
the principles of each, this paper will compare and contrast three significant sections of the New York State Constitution with their equals from the U.S. Constitution’s Bill of Rights.
As per the Bill of Rights, the First Amendment (Freedom of Speech, Religion, Press, Assembly, and Petition) guarantees people the freedom to express themselves and following their beliefs. It similarly protects the rights to freedom of speech, the press, religion, assembly, and petitioning the government for grievances. The Second Amendment (Right to Bear Arms) safeguards the right to bear arms, subject to federal and state regulations. The Fourth Amendment (Protection against Unreasonable Searches and Seizures) prohibits law enforcement from conducting random seizures and searches and mandates the need for search
warrants grounded on plausible cause.
Referring to the New York State Constitution, Freedom of Press and Speech (Section 8 of Article I) upholds the First Amendment, which protects press and speech freedoms. It precisely states, “Every citizen may freely speak, write, and publish his or her sentiments.” The right to Keep and Bear Arms (Article II, Section 4) is akin to the Second Amendment. Article I, Section 12 (Protection against Unreasonable Searches and Seizures) is similar to the
Fourth Amendment as they both prohibit unreasonable searches and seizures. Freedom of speech and the press are key in both the U.S. Constitution and the New York State Constitution, protecting people’s rights to speak their opinions and thoughts. This has resulted the “development of clearly established constitutional and statutory rights that a reasonable public servant is expected to observe” (Lee et al., 2015). The right to bear arms is
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