The Amendment Of The State Constitution Discussion

State Powers

Section 3 – Freedom of Speech and Press

Both the First Amendment of the US Constitution’s Bill of Rights and Section 3 of the New York State Constitution protect the freedom of speech and press (Campbell, 2017). The notable difference between is on the language used and the depth of details provided. Notably, the language used in the State Constitution is more detailed and specific where by it delves into the specifics of the freedom by stating that all persons shall speak freely, speak and write and publish on all or any subjects that interest them but to, of cause, maintain responsibility and awareness of what constitutes as abuse of the right (Henderson, 2005)The Amendment Of The State Constitution Discussion. In comparison, the First Amendment simply states that no law will be made by Congress that would effectively abridge the freedom of speech, or of the press. According to Campbell (2017), this difference in language reflects a greater emphasis on the individual rights of citizens in the New York State Constitution while in the Bill of Rights it is more focused on limiting the power of the government.

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Section 6 – Right to Trial by Jury

The right to trial by a jury is guaranteed by both the Sixth Amendment of the Bill of Rights and Section 6 of the New York State Constitution. Shea (2011) has however observed that there is a notable distinction in the guidelines for this right. On the one hand, while the Sixth Amendment stipulates that the accused has the right to a quick trial done publicly and determined by an impartial jury, Section 6 of the State Constitution, on the other, provides more detailed instructions on the size and composition of the jury as it mandates that the jury must consist of “twelve persons” and be chosen in a manner that is legal and as directed by the legislature. These variations reflect the Bill of Rights function in setting a fundamental standard for individual rights across the entire nation while state constitutions like the New York State one, have the liberty to provide more explicit guidance The Amendment Of The State Constitution Discussion.

Section 12 – Protection against Unreasonable Searches and Seizures

The Bill of Rights and Section 12 of the New York State Constitution protect against unreasonable searches and seizures but there are certain unique differences in the details of the guideline. In the Fourth Amendment, it is written that searches and seizures, when they must be conducted, will be supported by the existence of a warrant (Henderson, 2005). Quite the opposite, Section 12 of the New York State Constitution does provide similar protections but states that while these warrants are a requirement for searches, they must be supported by probable cause. In addition to this, section further states that the issued warrant should further be supported by oath or affirmation primarily and specifically defining the location of the search and the persons or things to be apprehended (Henderson, 2005)The Amendment Of The State Constitution Discussion. Notably, these apparent differences reflect the fact that state constitutions are free to provide additional protections beyond those provided by the Constitution.

In the final analysis, the three sections picked from the constitution of New York State align with the Bill of Rights and provide similar protections for individual rights. In addition, they contain a number of evident differences majorly in the language used and the specifications of the guidelines. These differences reflect the fact that state constitutions are free to provide more specific guidance and additional protections beyond those provided by the Bill of Rights.

References

Campbell, J. (2017). Natural Rights and the First Amendment. The Yale Law Journal, 246-321.

Henderson, S. E. (2005). Learning from All Fifty States: How to Apply the Fourth Amendment and Its State Analogs to Protect Third Party Information from Unreasonable Search. Cath. UL Rev., 55, 373.

Shea, T. M. (2011). The Sixth Amendment: The Rights of the Accused in Criminal Cases. The Rosen Publishing Group, Inc The Amendment Of The State Constitution Discussion