Comparing the US Constitution, Bill of Rights, and Florida Constitution
Introduction
While the United States Constitution oversees numerous processes across the nation, each state has its own regulations. One of the main parts of the US Constitution is the Bill of Rights (BoR), which represents the main document’s leading ten amendments meant to secure people’s liberties (Greenberg & Page, 2020; LaRue, 2022).
The Constitution represents a basic framework of law for a country yet has “fashioned federalism,” with powers being diverged between the primary government and smaller territorial divisions (Greenberg & Page, 2020, p. 33). The Constitution of Florida has many similarities with the BoR’s guidelines, but the two documents differ in the details of those regulations.
Comparison of the Constitution of Florida and the Bill of Rights
The Role of Religion
A significant comparable aspect of the legal papers under examination concerns faith. The two Constitutions and the BoR are similar in proposing the free exercise of religion as reflected in the BoR amendment. I, Florida Const. art. I, § 3, and US Const. Amend. I. (Bill of Rights, n.d.; Constitution of the State of Florida, n.d.; US Constitution, n.d.). A considerable difference is that the former document has an individual section for the rule, while the latter lists spiritual liberty within other rights.
In addition, Florida’s Constitution art. I, § 3 declares that religious freedom must not justify actions inconsistent with ethical norms or peace (Constitution of the State of Florida, n.d.). Notably, many people believe that the recent pandemic’s restrictions on social gatherings violate their constitutional privilege to spiritual freedom (Corbin, 2020). Overall, the US Constitution’s BoR and the Constitution of Florida emphasize the role of religion.
The Use of Weapon
Another element that is analogous between the reviewed official manuscripts concentrates on weaponry. BoR amend. II, Florida Const. art. I, § 8, and US Const. Amend. I announce that the citizens have the right to own and carry arms (Bill of Rights, n.d.; Constitution of the State of Florida, n.d.; US Constitution, n.d.).
Nonetheless, Florida’s Constitution is different in specifying in art. I, § eight, that such a privilege must be executed with defensive purposes (Constitution of the State of Florida, n.d.). For example, in cases of physical aggression, defendants can invoke self-defense to avoid trial in Florida (Ruben, 2020). The Constitution of Florida and the US Constitution’s BoR claim that individuals can harbor arms.
Searches and Seizures
The next comparable aspect between the analyzed documents focuses on searches and seizures. The BoR amend. IV, Florida Const. art. I, § 12, and US Const. Amend. IV declares that a person and their belongings have the right to be secure against unreasonable searches and seizures (Bill of Rights, n.d.; Constitution of the State of Florida, n.d.; US Constitution, n.d.). However, the examined state’s manuscript is in art. I, § 12 differs in noting that information obtained in infringement of liberty must not be admissible in evidence (Constitution of the State of Florida, n.d.). The reviewed legal papers all prohibit unwarranted persecution of US citizens.
Privileges
One more analogous element between the two Constitutions and the BoR concerns privileges that have yet to be mentioned. BoR amend. IX, Florida Const. art. I, § 1, and US Const. Amend. IX states that certain rights’ enunciation or enumeration must not be used to forbid or degrade people’s other liberties (Bill of Rights, n.d.; Constitution of the State of Florida, n.d.; US Constitution, n.d.).
The only difference is that the Florida Constitution is in art. I, § 1 proclaims the regulation with a specific focus on the nation having political power (Constitution of the State of Florida, n.d.). For instance, while people retain their traditional freedoms, Florida emphasizes that those privileges are associated with authority (Greenberg & Page, 2020). The analyzed legal papers provide clarification for individuals’ rights.
Conclusion
To conclude, the Constitution of Florida and the US Constitution’s Bill of Rights have similarities in the proposed guidelines but differ in some details. The examined official documents resemble the ideas of freedom of religion, arms, investigations and seizures, and other liberties. However, Florida’s regulations have more attributes specifying various points that are not mentioned in the primary legal papers, thus reflecting federalism accepted in the country.
References
Anthony, D. (2021). Perils of the reverse silver platter under US border patrol operations. University of Massachusetts Review, 16(2), 232-274. Web.
Bill of Rights. (n.d.). Web.
Corbin, C. M. (2020). Religious liberty in a pandemic. Duke Law Journal Online, 70(1), 1-28.
Constitution of the State of Florida as Revised in 1968 and Subsequently Amended. (n.d.). Web.
Greenberg, E. S., & Page, B. E. (2020). The struggle for democracy: 2018 elections and updates edition. Pearson Education.
LaRue, R. (2022). We love the Bill of Rights. Can we like a Bill of Structures? Election Law Journal: Rules, Politics, and Policy, 21(4), 308-328. Web.
Ruben, E. (2020). An unstable core: Self-defense and the Second Amendment. California Law Review, 108(1), 63-106. Web.
US Constitution. Web.