The Bill of Rights is the first ten Amendments to the Constitution of the United States. It spells out Americans’ rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, freedom of the press, and freedom of religion.

The Bill of Rights also sets rules for due process of law and reserves all powers not delegated to the federal government to the people or to the states. And it specifies that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

In New York, as in all states, the Bill of Rights provides the foundational civil liberties and protections against government overreach. These first ten Amendments to the U.S. Constitution guarantee freedoms such as speech, press, and religion, and ensure due process of law. The Tenth Amendment, in particular, reserves powers not explicitly granted to the federal government to the states or the people, allowing for a degree of state autonomy. New York State must abide by these federal constitutional protections but can also expand upon these rights through its own state constitution and laws. For instance, the New York State Constitution may provide additional civil liberties or interpret the rights in a manner that is more expansive than the federal interpretation. However, state laws and constitutions cannot infringe upon the protections guaranteed by the Bill of Rights. If there is a conflict between state law and the federal Bill of Rights, the federal law will generally prevail, as determined by the courts. Individuals in New York seeking to assert their rights under the Bill of Rights may do so in state or federal court, and may consult with an attorney for guidance on these matters.