The Constitution of the state of Florida is similar to the bill of rights, yet distinct in a variety of freedoms and protections it offers. There is a number of articles in the Florida’s constitution that hold a similar meaning to the first 10 amendments. For example, the 9th section of the first article of the state’s constitution is similar to the 4th and 5th amendments. The US constitution protects the citizens against both unwarranted searches and the possibility of testifying against oneself separately. However, for the constitution of Florida the two are generally similar. Instead of singling out undue searches and arrests, the constitution makes it clear that any case of unlawful prosecution is prohibited, while also protecting a person from worsening their own legal standing.
A difference exists in the precise wording and meaning of the two legislations. While the amendments of the US constitution are aimed at protecting people from actions of the law enforcement that are considered unnecessary, the state’s legislation instead guarantees people the due procedures and protections if they are definitely suspected to be criminal. Therefore, the main difference lies in the inclusion of “due process” as the main consideration for Florida’s legislation, which refers to the predetermined proceedings of law enforcement and other structures of power in regards to a person’s deeds.
The 9th amendment to the constitution, similarly, holds meaning that is closely associated with but different from, section 2 of the first article. The ninth amendment states that persons within the United States are entitled to a number of inalienable rights that should not be denied by the constitution. In particular, the amendment notes that the inclusion of specific rights into the constitution should not be used as a way to deny other rights to people. The particular legislation can be used as a way to protect people from discrimination in an emerging and changing political climate. The 2nd section, then, is similar to this amendment. It states that both men and women living in the state of Florida are equal before the law and have rights inseparable from their persons. The rights are listed as the ability to enjoy life, pursue happiness, acquire compensation for their work and others.
The two legislations take opposite routes towards protecting and ensuring the freedoms of people. While the constitution of the United States uses a more vague description to secure the rights of individuals, Florida’s constitution chooses instead to outline its message clearly. The difference between the two serves to display that the protections of freedoms can be different, as well as the understandings of people’s inherent rights that are crucial to their autonomy (Moore, 2018). Both approaches have their own benefits. The latter is much easier to understand and interpret, as it gives clear examples of inalienable rights and protections. On the other hand, the former is easier to adapt into the modern reality to suit the changing needs of the population.
References
Cananea, G. della. (2016). Administrative due process as a general principle of public law. Due Process of Law Beyond the State, 155–178. Web.
Moore, A. D. (2018). Privacy, interests, and inalienable rights. Moral Philosophy and Politics, 5(2), 327–355. Web.