State Powers; Bill of Rights (ANSWERED)

QUESTION

Required Resources

Read/review the following resources for this activity:

Textbook: Chapter 1, 2, 3
Lesson
Minimum of 2 scholarly sources in addition to the textbook.

Instructions

Review the Bill of Rights for the U.S. Constitution (the first 10 amendments) to understand what rights are listed. There are numerous online sources to find the Bill of Rights.

Next, go online and look up your state’s constitution. Find three state sections that are similar to or align with the Bill of Rights. Examples include religious freedom, freedom of speech or association, etc. Compare and contrast these three state sections with their comparable sections in the Bill of Rights and discuss the guidelines for each

Writing Requirements (APA format)

Length: 1.5-2 pages (not including title page or references page)
1-inch margins
Double spaced
12-point Times New Roman font
Title page
References page (minimum of 2 scholarly sources in addition to textbook if cited)

ANSWER

Bill of Rights – US Constitution Vs. New York State Constitution

Trial by Jury

Section two of the New York State Constitution addresses jury trial and how it is waived. It is comparable to the fifth amendment of the US constitution, whose primary goal is to protect the rights of the accused (New York State Senate, 2015). The fifth amendment protects against self-incrimination and forbids double jeopardy and the right to a grand jury in case of infamous or capital crimes. Exceptions are only in cases that involve the militia or naval or land forces in the time of war. The amendment prohibits the subjection of the accused to situations that compel them to be witnesses against themselves or to be deprived of property, liberty, or life without due process (Cornell Law School, n.d.). Section two of the New York State Constitution protects the rights of the accused by prohibiting waiver of cases that the jury has tried. The law describes situations in which parties may waive a jury trial in all civil cases. The section is different from the fifth amendment in that it focuses primarily on how a jury trial is waived or upheld. In contrast, the fifth amendment mainly focuses on the rights of the accused to get a fair judgment from a grand jury.

Freedom of Worship

Section three of the New York Constitution protects citizens from being barred from enjoying and exercising worship and religion. It states that religious affiliation shall not be used to render people incompetent in being witnesses. However, it points out that religion shall not be used as an excuse to justify acts that disturb the safety of the state (New York State Senate, 2015). The section is comparable to the US Constitution’s first amendment, which guarantees everybody the right to petition and freedom of assembly, expression, and religion. The amendment forbids Congress from restricting anybody’s religious practices and promoting one religion over others. It further prohibits Congress from limiting free speech by individuals or the press. It also guarantees the freedom of assembly. Section two of the New York Constitution and the US Constitution’s first amendment are essentially the same regarding freedom of worship or religious affiliation. The US Constitution’s first amendment further protects the freedom of expression, petition, and assembly of individuals and the freedom of the press (Cornell Law School, n.d.).

Search and Seizure

Twelve of the New York Constitution assures the state that individuals have a right to secure their effects, papers, houses, and persons against unreasonable seizures and searches. Authorities can only do so when they have warrants supported by affirmation or oaths describing the probable reasons, the things or persons to be seized, and the exact places to be searched. It further affirms that people have a right to object to unreasonable telegraph and telephone communications (New York State Senate, 2015). The fourth amendment of the US Constitution similarly enforces the notion of each individual being secure from unreasonable seizures and searches. The additional provisions under the amendment are protection against arbitrary arrests, privacy law, stop-and-frisk, search warrants, wiretaps, and safety inspections, among other forms of surveillance (Cornell Law School, n.d.).

References

Cornell Law School. (n.d.). Bill of Rights. LII / Legal Information Institute. https://www.law.cornell.edu/constitution/billofrights#amendmentii

New York State Senate. (2015). The Constitution of the State of New York. https://www.nysenate.gov/sites/default/files/ckeditor/Oct-21/ny_state_constitution_2021.pdf