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Comparing and Contrasting the Bill of Rights of the U.S. Constitution and the

Similar Sections in the New York State Constitution

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Comparing and Contrasting the Bill of Rights of the U.S. Constitution and the

Similar Sections in the New York State Constitution

The United States Constitution's Bill of Rights contains the first ten amendments that

enumerate the abecedarian rights of American citizens. Three of these provisions, videlicet

protection from unreasonable searches and seizures, freedom of speech, and freedom of

assembly, have corresponding counterparts in the state provisions of New York. While these state

sections are similar to or harmonious with the Bill of Rights, they have several significant

differences and similarities (Bill of Rights, n.d.). These variations in language and interpretation

can have significant implications for protecting and exercising individual rights.

Section 8 of the New York Constitution, like the First Amendment of the U.S.

Constitution's Bill of Rights, is pivotal in guarding the abecedarian rights of free speech and

press. This indigenous guarantee ensures that New York individuals can express their opinions

and ideas without fear of suppression or government hindrance. The language of Section 8 is

harmonious with the First Amendment and provides analogous guidelines for the protection of

free speech and the press (Vile, 2021). This includes prescribing the government from assessing

previous restraints on speech or press, allowing individuals to express themselves freely in public

spaces, and guarding the rights of intelligencers to report on matters of public interest.

Section 9 of the New York Constitution plays a pivotal part in guarding the rights of

individualities to assemble and supplicate for their grievances, in line with the First Amendment

of the U.S. Constitution's Bill of Rights. This indigenous guarantee ensures that New York

residents can gather in peaceful assemblies to express their views and demand action from the

government without fear of suppression or retribution. The guidelines for this section are

analogous to those of the First Amendment, which covers the rights of individualities to
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supplicate the government for the requital of grievances and to assemble peaceably (Vile, 2021). 

This indigenous protection is essential in upholding the republic and the public's right to engage

in peaceful and formative dialogue with their elected representatives. It also ensures that the

government is held responsible to the people and that their voices are heard on issues that affect

their lives.

Section 12 of the New York Constitution is a critical provision that safeguards the rights

of individualities against unreasonable searches and seizures, much like the Fourth Amendment

of the U.S. Constitution's Bill of Rights. This indigenous protection ensures that New York

residents have the right to sequestration and are defended from unwarranted intrusions by the

government. The guidelines for this section are harmonious with the Fourth Amendment, which

restricts the government's capability to conduct searches or seizures without a warrant or

probable cause. Adding Section 12 in the New York Constitution is essential in upholding the

abecedarian principles of the republic and individual rights (Vile, 2021).  It ensures that the

government cannot violate an existent's sequestration without a valid reason or due process of

law. Also, it's pivotal in securing against arbitrary conduct by law enforcement officers,

promoting the fair and impartial administration of justice.

In summary, the New York Constitution's sections on freedom of speech and press,

freedom of assembly and solicitation, and protection against unreasonable searches and seizures

align with the Bill of Rights in the U.S. Constitution. The guidelines for each section are

analogous, although there may be differences in how each state interprets and enforces these

rights.
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References

Bill of Rights. (n.d.). LII / Legal Information Institute.

https://www.law.cornell.edu/constitution/billofrights

Vile, J. R. (2021). A companion to the United States Constitution and its amendments. ABC-

CLIO.

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