The California state constitution and the U.S constitution has many similarities and differences. California’s constitution is significantly longer than the federal constitution, as it has 35 articles as compared to the 7 federal articles. There is a similar setup of the government in both documents as well; Both establish a three-branch government and bicameral legislature. State constitutions tend to be more open to amendments and focus more on limiting powers rather than granting them. California has specific guidelines for such state responsibilities as transportation, education, and other areas that the federal constitution doesn’t cover. The California state constitution includes a ‘declaration of rights’ in the beginning article. Article one lists rights given to the people, such as “enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy” (Article 1, Section 1). There is overlap in the unalienable rights given by the state and by the Bill of Rights. The rights …show more content…
In the state constitution, the first article says “Free exercise and enjoyment of religion without discrimination or preference are guaranteed” (Article 1, Section 4), while there is no provision about guns. Freedom of religion is both stated in the Bill of Rights and in all state constitutions. Yet, unlike other states, gun rights are not expressed in California, making California citizens have gun right through the federal constitution. State constitutions have more details than the federal constitution, and thus protecting citizens more. The difference in the range of protection between constitutions is due to the federal constitution being used as an outline to be able to focus on state-specific issue and to allow each state’s own
In the United States, each of the fifty states has its own states constitution, which contains the same basic provisions as the United States Constitution; however, states constitution is generally more detailed than the national constitution.In the United States, each of the fifty states has its own states constitution, which contains the same basic provisions as the United States Constitution; however, states constitution is generally more detailed than the national constitution.In the United States, each of the fifty states has its own states constitution, which contains the same basic provisions as the United States Constitution; however, states constitution is generally more detailed than the national constitution.In the United States,
The states have taken an entirely different route. They have opted to create statutory constitutions, rather than follow the liberal one that the federal government follows. This means that these documents limit the powers of government, rather than empower them as the U.S. Constitution does. Hence, their constitutions are far more extensive, detailing each aspect of the local government (O’Connor et al., 2011).
If there were too many differences, then the branches of government would be very chaotic because a lack of structure between the state and federal government. In the United States Constitution and Nevada constitution it outlines three structures of the government. They are both setup in the same and is broken into three different parts, The Legislature Department, The Executive Department and The Judiciary Department. In addition, both constitutions are broken up into articles and each article explains a general topic, but most important they both state in the preamble “We the People...” (THE CONSTITUTION OF THE STATE OF NEVADA). This quote is significant because when the constitution is brought up, it is always the document of the people and the rights of the people. So it is important that no matter what, both constitutions had this quote within them. The United States Constitution and Nevada constitution don’t have significant differences because it reduces redundancy. The government for the citizens of Nevada is ran and structured the way they are today because of these two important
California State has its own laws that show indifferences with the Federal Government laws. However, the laws are under the guidance of the Federal laws. The main function of the legislative branch of California is to make laws, case works and power of the purse which allows them to vote for money allocation for public use.
These two constitutions have similarities, like the U.S Constitution the Ohio Constitution has many of the same principles that form the framework of the U.S government. Both documents organize government into three separate branches (legislative, executive, and judicial). In both of these documents, each branch is independent of the
“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms” (Adams). Samuel Adams said this while forming the Constitution, in order to protect United States citizens. The United States of America is one of the few nations that allow citizens to own a weapon. The recent mass murders in public centers have increased the fear of guns amongst the citizens. Guns are now stigmatized after the several mass murder incidents from the movie theater in Colorado, to schools and universities in Texas and Virginia. Due to the gun-related homicides, the government implemented strict regulations for owning a gun. This has made the government enforce more stringent regulations in guns, especially automatic rifles. New gun laws have banned the ownership of automatic rifles and magazines with high capacity. Also, the government has taken away the freedom to carry handguns from citizens without a proper license in most states. Now, in order to carry a gun, either by open carry or concealed carry, the citizens need to apply for a gun-carrying permit. California is one of the very few states with extraneous gun laws, and the Los Angeles County has some of the strictest concealed carry gun regulations. Because of personal safety, and the Second Amendment, Los Angeles should allow every resident the opportunity to apply for a concealed weapon
First, both of them concur that a state does not have the mandate to go to war alone. Article Four of the New Constitution explains the relationship between various states in the United States. The second similarity is about the money. The two constitutions say that the central government is in charge of the value of money. Thus, states do not have any control regarding the value of the dollar in both cases. The third similarity is that each constitution set specific term limits for all offices in the government. The time line for legislative office under the Articles of Confederation was one year whereas the new law set two years for Representatives and six years for those occupying the senatorial
Both the Articles of Confederation and the Constitution have many similarities and differences. First and foremost, the Articles called for a unicameral legislature while the constitution calls for a bicameral legislature, which allows for a greater amount of representation and checks and balances in congress. Furthermore, in the legislature, the Articles has between two and seven representatives per state whereas the Constitution has two senators per state and a house representatives based upon population. These representatives each have a vote in the Constitution where as in the Articles; each state only had one vote. This allows for equal representation in legislature to ensure each state has a voice in law making and that states will a larger population have a great say, but are not overbearing on smaller states.
The state of California was admitted into the Union in 1850 and has since grown into one of the largest economies in the world. Today, California is one of the most popular states in the union, attracting thousands of tourists every year. The California state constitution is one of the oldest state constitutions that is still in use. California has two constitutions: one ratified prior to their admittance into the union on November 13, 1849 and the current constitution, ratified on May 7, 1879 (Georgetown Law). Since its ratification, the document has been amended over 500 times. Compared to the federal government, the California constitution is also a representative democracy, electing governors, representatives, and senators to interpret and pass laws. Through the numerous amendments and the structure of government, California has proved to be a democratic institution. In this report, I will argue that the California Constitution is too democratic among its citizens. This does/doesn’t lead to ________.
Recent fire arm legislation has challenged the rights of every citizen in the state of California. Such legislation is paving the way for the confiscation of other amendments as well. Although, there are parties against the fight for guns; many do not realize the importance of people being able to protect themselves. Gun laws in California are becoming more restrictive, as a result these laws are costing innocent citizens their rights and even some lives.
The California and Federal judicial systems are very similar in how they are designed and how they function. California state courts are established and primarily obtain their power from the California State Constitution. This is similar to federal judicial system in that federal courts derive their power from the United States Constitution. The following paper will compare and contrast the extreme similarities between both judicial systems as well as some of the distinct differences.
I think there is a noticeable difference between the first amendment and the Freedom of worship section. The first amendment has more than just religious protection, it talks about the freedom of the press, the right to assemble, and to protest the government. While the freedom of worship section goes into more detail about religious protection from government and others. I agree with your assessment on what can happen when a state constitution does not match up with the United States Constitution. However, I disagree with you on whether states should be permitted to be inconsistent with the United States Constitution. For one reason, this can lead to separation of states from the federal government and the possibility of some states trying
When it comes to the United States, (U.S), the majority of the American people love their seconded amendment rights. As stated in the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, the second amendment of the United States Constitution, for the most part, protects the U.S. citizens rights to “keep and bear arms” (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 167). That being said, each state in the U.S. will vary in their firearms laws. For instance, some states make it easier for their residence to purchase or use a firearm; other states may have stricter laws that require a more scrutinized screening process. To be more specific, most states vary in elements, such as the exceptions to the National Instant Criminal Background Check System, or NICS, the waiting period on purchasing firearms; if someone needs a license to own or purchase a gun; if registration is required; and if a record of the firearm sales is sent to the local police. Other factors that will differ from state to state would include, if some firearms are permitted or not allowed to be sold or owned by a state, the concealed carry laws, hunter protection laws; range protection laws, and finally, not all states have firearm injury lawsuit preemption.
It may be incongruent with the intentions of Christianity but not the Constitution. According to Amendment 14 section 1 “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Unfortunately the strong prejudices of the people have oppressed and denied equal rights to different groups of people in America since its inception. Yes you truly state that “the Constitution promotes federalism, which gives the states the authority to make decisions on matters not specifically addressed in the Constitution” however, as I pointed out equal protection of life, liberty and property are mentioned in the
The Constitution made no reference to religious liberties of United States citizens during ratification of states; the Bill of Rights does address religious freedom but over the past decade the conflict between church and state has increased