Sign In Find Your Expert
HomeConstitutional LawThe Florida Constitution and the Bill of Rights to the U.S. Constitution

The Florida Constitution and the Bill of Rights to the U.S. Constitution

đź“„ Words: 599
đź“ť Subject: Constitutional Law
đź“‘ Pages: 3
đź“š Topics: Bill of Rights, Constitution
Table of Contents
  1. Introduction
  2. Religion
  3. Weapon
  4. Inviolability
  5. References
  6. Video Voice-over

Introduction

This work will be devoted to comparing the Bill of Rights to the US Constitution, adopted in 1791, and the Constitution of the State of Florida, namely Article One, which declares the rights of a citizen of the State. It is important to note that both documents have quite a lot of standard provisions related to ensuring the rights and freedoms of any citizen of the United States and Florida. The bill’s influence on the constitution of rights is strong, although the State has a high degree of autonomy.

Religion

The comparison of the Bill and the Constitution should begin immediately with the question of religion. The issues of religion in the Bill begin to be identified already with the first amendment, which asserts the inadmissibility of the approval of a state religion. In judicial practice, the principle has been established that religious beliefs lose constitutional protection if combined with an unacceptable action. Similar provisions are contained in article 1, section 3 of the Constitution of the State of Florida, which opposes the creation of a law that would restrict free religion. Freedom of religion should not justify actions incompatible with public morality or security (Stephanie, 2021). Both provisions correspond to the current trends towards tolerance of any views on religion among US citizens and defend the foundations of democracy. This fact looks quite strong if we consider that the United States is quite a religious state, compared with some European and other conditions.

Weapon

The following similarity is based on similar rights related to the carrying and storage of weapons. The Second Amendment of the Bill enshrines the right of the people to keep and bear arms to control the actions of the police necessary for the security of the state. This amendment is also considered the constitutional right of individuals to keep personal firearms, although state laws regulate the procedure for their acquisition and conditions of use. Section 8 of Article 1 of the Florida Constitution also enshrines keeping and carrying weapons to protect oneself, which the state should not violate. Separate subsections of section 8 indicate a specific procedure for purchasing weapons in the State of Florida. It helps to maintain legitimacy for the use of firearms for personal purposes, as long as it does not violate criminal law. These rights are pretty progressive for our days, although cases of weapons in situations that lead to human casualties are becoming more frequent. These articles need revision and stricter regulation.

Inviolability

The following analogy is based on the right to inviolability of the person and home. Amendment 4 of the Bill guarantees the inviolability of the person and the house from unreasonable searches and arrests. The judicial practice has interpreted these guarantees as protection of private property and the personal life of citizens. A similar guarantee is indicated in article 1 of section 12 of the Florida Constitution (Albert, 2018). The Constitution duplicates the Bill of Rights and does not invoke its Fourth Amendment. This guarantee complies with the basic principles of democracy and respect for the privacy of a US citizen.

It is a necessary measure that regulates the actions of law enforcement agencies and does not give them the right to abuse official authority. This work has shown that the Constitution of an individual state and the Bill of Rights fully protects the rights and freedoms of American citizens. Each document is based on the basic principles of democratic values, which allow citizens to interact with the state. This foundation creates security for each party, makes life accessible, and further improves the state system.

References

Albert, S. T. (2018). Florida Law, Mobile Research Applications, and the Right to Privacy. Nova L. Rev., 43(3), 353.

Stephanie, H. M. (2021). The Taxpayer Bill of Rights and the Right to Be Informed: The Positive or Negative Way You Look at It. Tax Lawyer, 74(2), 195.

Video Voice-over

Cite this paper

Select style

Reference

LawBirdie. (2024, February 1). The Florida Constitution and the Bill of Rights to the U.S. Constitution. https://lawbirdie.com/the-florida-constitution-and-the-bill-of-rights-to-the-u-s-constitution/

Work Cited

"The Florida Constitution and the Bill of Rights to the U.S. Constitution." LawBirdie, 1 Feb. 2024, lawbirdie.com/the-florida-constitution-and-the-bill-of-rights-to-the-u-s-constitution/.

References

LawBirdie. (2024) 'The Florida Constitution and the Bill of Rights to the U.S. Constitution'. 1 February.

References

LawBirdie. 2024. "The Florida Constitution and the Bill of Rights to the U.S. Constitution." February 1, 2024. https://lawbirdie.com/the-florida-constitution-and-the-bill-of-rights-to-the-u-s-constitution/.

1. LawBirdie. "The Florida Constitution and the Bill of Rights to the U.S. Constitution." February 1, 2024. https://lawbirdie.com/the-florida-constitution-and-the-bill-of-rights-to-the-u-s-constitution/.


Bibliography


LawBirdie. "The Florida Constitution and the Bill of Rights to the U.S. Constitution." February 1, 2024. https://lawbirdie.com/the-florida-constitution-and-the-bill-of-rights-to-the-u-s-constitution/.