Introduction
The grounds for comparison between the constitutions of Pennsylvania and New York State are based on such categories as individual liberties, requirements for governor, and checks and balances of the three branches.
Notably, the two states are both located in the Mid-Atlantic and Northeastern regions of the US and were some of the original colonies that formed the country (State and Local n.d.a; State and Local n.d.b).
Therefore, New York State and Pennsylvania are linked based on their geographical and historical resemblances.
The frame of reference is based on the uniqueness of the state constitutions.
State constitutions are crucial because they regulate state governments, which provide diverse services to the residents (United States Government Accountability Office 2008).
According to Bulman-Pozen and Seifter (2021), state constitutions represent separate documents with distinct provisions that can help counter antidemocratic behavior.
Moreover, such documents serve as the foundation for individual rights decisions, defining rights and government structures of a particular state (Liu 2018).
Consequently, the constitutions of Pennsylvania and New York State share some common features concerning their governors but differ in terms of listing individual liberties.
Pennsylvania and New York State
The States of Pennsylvania and New York share a border and have been linked since they were British colonies.
After declaring independence from Great Britain, the two neighbors adopted constitutions that concentrated on freedom but prioritized varying matters (Maggs 2019). New York state’s first constitution included some parts of the colonial chapter while emphasizing the people’s rights and liberties against Great Britain’s governance (Maggs 2019). The document protected some individual freedoms but did not contain a separate bill of rights (Maggs 2019).
The original constitution of Pennsylvania was one of the most democratic at the time, accentuating the state’s residents’ liberties and rights, such as jury trials and freedom of speech (Maggs 2019).
Pennsylvania and New York state have been close geographically, and their initial constitutions had some similarities.
Individual Liberties
The constitutions of Pennsylvania and New York state have differences concerning individual liberties.
The concept of individual liberty can be understood as the human right of autonomy and independence, with every person possessing the freedom to their own life (Ilik, Tilovska-Kechegi, and Gjorshosk 2020).
Consequently, constitutions are supposed to protect such a right, and in Pennsylvania, individual liberties are guarded based on the Declaration of Rights (Pennsylvania 1968).
The Declaration represents Article 1 of Pennsylvania’s constitution, specifying that all people are equally free and independent since birth (Pennsylvania 1968).
All people have inherent rights that include the liberties to enjoy and defend life, seek happiness, and obtain, own, and protect reputation and property (Pennsylvania 1968).
Moreover, each inhabitant has invaluable freedom to communicate thoughts and opinions through speech or writing and express religious beliefs (Pennsylvania 1968).
Overall, the constitution of Pennsylvania begins by proclaiming every resident’s privileges.
Furthermore, the New York state constitution involves certain liberties but focuses more on legal aspects.
The document begins with the Bill of Rights declaring that no member of the state can be deprived of any privileges or rights unless in situations specified by law (The New York State Senate 2015).
Some of the foremost rights listed in the Bill concern trial by jury and religious liberty (The New York State Senate 2015).
Subsequently, every citizen has the freedom of speech, the right to receive equal protection of the laws, and the privilege to be secure in their papers, houses, and persons (The New York State Senate 2015).
Similar to Pennsylvania’s constitution, the state of New York highlights personal freedom but also appears to emphasize the law.
Requirements for Governor
The New York state and Pennsylvania constitutions have specific requirements for their governors.
Modern governors in the US are the states’ key figures, as these actors hold political power (Ferguson 2006).
Accordingly, the constitution of Pennsylvania entrusts the supreme executive power to the governor, who is chosen by the qualified electors of the state (Pennsylvania 1968).
To be eligible for this position, one must be a citizen of the United States above the age of 30 years and must have lived in Pennsylvania for seven years preceding the election (Pennsylvania 1968).
The governor is expected to ensure the faithful execution of the laws during four years of holding office (Pennsylvania 1968).
The governor performs the duties of the commander-in-chief of the military forces, has appointing and pardoning power and can approve and disapprove bills (Pennsylvania 1968).
The governor of Pennsylvania has significant control and multiple responsibilities.
The constitution of New York state empowers the state governor similarly to Pennsylvania’s constitution.
New York state’s governor is chosen by voters and holds office for four years (The New York State Senate 2015).
Eligibility requirements mandate candidates to be citizens of the US who have lived in the state for five years prior to the election and be above 30 years old (The New York State Senate 2015).
The governor has executive control and accounts for the laws to be faithfully executed (The New York State Senate 2015).
The actor in this position is regarded as the commander-in-chief of the military and naval forces, has pardoning power, must communicate the condition of the state, and authorize bills (The New York State Senate 2015).
While Pennsylvania and New York state constitutions had some differences concerning individual liberties, the two documents appear identical in selecting the governor.
Checks and Balances
Organizational Scheme
The system of checks and balances represents similarities and differences between the states’ constitutions.
The US government is divided into three distinct branches that are legislative, executive, and judicial, reflecting the separation of power (Evans 2020).
In Pennsylvania, the legislative authority is vested in the General Assembly, which is split into the Senate and House of Representatives (Pennsylvania 1968).
The executive branch is overseen by the governor and consists of such officers as the lieutenant governor, attorney general, and auditor general (Pennsylvania 1968).
The unified judicial system has judicial dominion and includes the highest Supreme Court and the statewide Superior Court, which are followed by other courts, such as courts of common pleas and community courts (Pennsylvania 1968).
Together, the three branches manage various processes within the state.
Furthermore, the constitution of New York State illustrates a relatively similar organizational scheme.
The state’s legislative power is divided between Senate and Assembly (The New York State Senate 2015).
The governor has the executive dominion and is assisted by the lieutenant governor and other officers, such as the attorney general and comptroller (The New York State Senate 2015).
The judicial authority is represented by a unified court system divided into the Supreme Court and Statewide Courts (The New York State Senate 2015).
The former includes the court of claims, the county court, and the family court, whereas the latter contains the court of appeals (The New York State Senate 2015).
New York State’s separation of power is distinct but has some resemblances with that of Pennsylvania.
Example
The three branches are connected by checks and balances within each state.
The system of checks and balances implies that the branches guard their powers, but one branch cannot act unilaterally without the agreement of others (Holcombe 2018).
For instance, the constitution of Pennsylvania declares that the legislative accounts for the consideration of bills, but the governor of the executive branch has the power to approve or disapprove bills (Pennsylvania 1968).
Correspondingly, in the state of New York, bills originate in the legislature but are presented for the governor’s approval before becoming law (The New York State Senate 2015).
However, in both states, the judicial department has the authority to assess laws (Pennsylvania 1968; The New York State Senate 2015).
Despite that, one should remember that in some states and situations, governors have only reactive power in lawmaking, as they are often pushed to sign laws (Kousser and Phillips 2012).
Nevertheless, similar to bills and laws, each branch in Pennsylvania and New York State has responsibilities and limitations concerning diverse processes, so neither management can overpower the others.
Conclusion
To summarize, Pennsylvania and New York State are connected geographically and historically, which has affected the similarities and differences in their constitutions.
The two states have sufficient resemblances in individual liberties, requirements for governors, and checks and balances.
However, the grounds of comparison present specific distinctions, such as priorities in listing rights or division of power in the legislative branches.
Overall, the constitutions of New York State and Pennsylvania reflect the importance of each person’s freedom, have particular demands for administrations, and separate authority.
References
Bulman-Pozen, Jessica, and Miriam Seifter. 2021. “The Democracy Principle in State Constitutions.” Michigan Law Review 119 (5): 859-932. Web.
Evans, Laura. 2020. “From Athens to America: The Checks and Balances of a Democracy.” Johns Hopkins University 1 (1): 1-18. Web.
Ferguson, Margaret, ed. 2006. The Executive Branch of State Government: People, Process and Politics. Santa-Barbara: ABC-CLIO.
Holcombe, Randall. 2018. “Checks and Balances: Enforcing Constitutional Constraints.” Economies 6 (4): 1-12. Web.
Ilik, Goran, Elena Tilovska-Kechegi, and Nikola Gjorshoski. 2020. “Constitutionalization of the Individual liberty as a Human Right in the US Political System.” Paper presented at International Scientific Conference, Bitola, Macedonia, October 3.
Kousser, Thad, and Justin H. Phillips. 2012. The Power of American Governors: Winning on Budgets and Losing on Policy. New York: Cambridge University Press.
Liu, Goodwin. 2018. “State Courts and Constitutional Structure.” The Yale Law Journal 128 (5): 1304-1365.
Maggs, Gregory. 2019. “A Guide and Index for Finding Evidence of the Original Meaning of the US Constitution in Early State Constitutions and Declarations of Rights.” NCL Rev, no. 98, 779-836. Web.
Pennsylvania. 1968. Constitution of the Commonwealth of Pennsylvania. Web.
State and Local. n.d.a “New York State Resources for Government, Business, and Insurance.” Web.
State and Local. n.d.b “Pennsylvania State Resources for Government, Business, and Insurance.” Web.
The New York State Senate. 2015. The Constitution of the State of New York. Web.
United States Government Accountability Office. 2008. State and Local Governments: Growing Fiscal Challenges Will Emerge during the Next 10 Years. Web.