For a better understanding of what people and the state can and cannot do in relation to each other, special rules have been created. Their study is necessary for a better understanding of what is happening in the country. This paper analyzes the commonality and differences of the Bill of Rights of the United States of America with the Constitution of the State of California for similarities. In the course of the study, similar parts were deduced, where the human right to self-expression, the existence of rights and preservation are affected.
The Bill of Rights is one of the most important documents in the United States of America. Thus, the first ten amendments were adopted by Congress and ratified by the states on December 15, 1791. These innovations have been distributed under the name of the Bill of Rights. It became an integral part of the US Constitution, since no amendments were made to the main text, they were adopted separately. The main aspect of the bill is the fact that rights and freedoms are innate and inalienable. Thus, the main task of the document on the rights of people is to establish the limits of the power of the State in relation to the individual.
To create the Constitution of the state, a special commission for the revision of the Constitution was assembled. It also includes a specific set of laws describing the duties, powers, structure and function of the state government. The first aspect that converges in the Bill of Rights and the Constitution of the State of Florida is the clause on the rights of individuals. Thus, the First Amendment states that all people are free and have inalienable rights (Rossum & Tarr, 2018). The same is written in the second section of the first article of the Constitution of Florida. Both of these points say that the rights that belong to them from birth cannot be taken away from the population. One of these is also the right to receive security, wellbeing, and privacy.
The next point, which also has similarities with the first Amendment, is the third section of the state constitution. In this part it is written about the guarantee of freedom to adhere to a particular faith. In addition, it also mentions that freedom of conscience does not justify facts that contradict peace in the state and its security (Siegan, 2018). In addition, according to this section, the State does not have the right to establish one possible religion. The First Amendment, in turn, also provides for the protection of the religious worldviews of the country’s population. Further, this article also prohibits the government from having a monopoly over faith in the United States.
A distinctive aspect that is missing from the bill of rights of the American population is the indication of the right to bear arms. It includes the ability of the population to have weapons for protection purposes. However, this right applies only to the presence of a pistol or revolver and a minimum of three days must pass between purchase and delivery. Moreover, violation of this section implies criminal prosecution and punishment for a serious crime. Therefore, this work has shown that there are several similar and different aspects between the Bill of rights and the Constitution of the state of Florida.
Rossum, R. A., & Tarr, G. A. (2018). American constitutional law: The bill of rights and subsequent amendments. Routledge.
Siegan, B. H. (2018). Property rights: From Magna Carta to the Fourteenth Amendment. Routledge.