State Powers U.S. Constitution (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

State Powers

Section 10 of Virginia’s Bill of Rights is similar to the US Bill of Rights’ Fourth Amendment. The Fourth Amendment protects people from unreasonable searches. According to the Fourth Amendment, people, their property, or papers can only be searched or seized after a warrant has been issued due to probable cause (Corbett et al., 2016, p.193). The warrant must be supported by oath and should describe the person or object that will be searched or seized. Section 10 in the Virginia Bill of Rights contains the same provision. It requires officials to obtain a warrant describing the object or person seized or searched. The warrant should also include evidence justifying the seizure or search.

Another similarity is between the First Amendment and Section and Section of the Virginia Bill of Rights. The First Amendment of the US Bill of Rights guarantees the freedom of speech and religion, a provision similar to Section 12 and Section 16. Section 12 of Virginia’s Bill of Rights states:

“Freedom of the press is one of the great bulwarks of liberty, and can never be restrained by despotic governments; any citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right…” (“Constitution of Virginia,” n.d.)

This section guarantees the freedom of expression and prohibits the state from passing any law preventing people from assembling or petitioning the government to address their grievances. The First Amendment also incorporates a similar clause that prevents Congress from passing laws that curtail people’s right to assemble and petition the government (Corbett et al., 2016, p.193).

Section 16 of Virginia’s Bill of Rights prohibits the General Assembly from favoring any religion, which is akin to the First Amendment prohibits Congress from passing a law promoting one religion over others. The First Amendment states that “Congress shall make no law respecting an establishment of religion,” while Section 16 of Virginia’s Bill of Rights states that “the General Assembly shall not … confer any peculiar privileges or advantages on any sect or denomination.” These clauses are similar in that they prohibit respective governments from favoring one religion over others.

Although both Virginia and the US bill of Rights guarantee religious freedom, Virginia’s provisions are far more extensive. The First Amendment promotes religious freedom by forbidding Congress from curtailing people’s religious practices. However, Section 16 goes far beyond these fundamental rights. It prohibits the state government from collecting taxes to erect a house of worship or supporting any ministry or church (Constitution of Virginia, n.d.). Section 16 also gives people the right to choose their religious instructor. None of these provisions are found in the First Amendment.

Section 16 also states that:

“No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but all men shall be free to profess and by argument to maintain their opinions in matters of religion, and the same shall in nowise diminish, enlarge, or affect their civil capacities.” (Constitution of Virginia, n.d.)

This clause guarantees people’s constitutional right to profess their religious beliefs and opinions without consequence, but it also prohibits them from imposing their religious beliefs on others. There are two clauses prohibiting imposing religious beliefs on others: “no man shall be compelled to frequent or support any religious worship, place, or ministry” and “religion … can be directed only by reason and conviction, not by force or violence” (Constitution of Virginia, n.d.). These provisions are not listed in the First Amendment. Therefore, it is logical to argue that Virginia’s religious provisions are more extensive than those incorporated in the First Amendment.

References

Constitution of Virginia. (n.d.). Virginia Law. https://law.lis.virginia.gov/constitutionfull/

Corbett, P. S., Janseen, V., Lund, J., Pfannestiel, T., Vickery, P., & Waskiewicz, S. (2016). US History. OpenStax.

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