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Encyclopedia > States' Rights

States' rights refers to the idea, in U.S. politics and constitutional law, that U.S. states possess certain rights and political powers in relation to the federal government. A commonly cited source for states' rights is the Tenth Amendment to the Constitution, which is part of the Bill of Rights. The states' rights concept is usually used to defend a state law that the federal government seeks to override, or to oppose a perceived violation by the federal government of the bounds of federal authority. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      Politics of the United States takes place in a framework of a presidential... In the United States, constitutional law generally refers to the provisions of the United States Constitution, as interpreted by the United States Supreme Court. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  Politics Portal      A U.S. state is any one of the fifty subnational entities of the... In jurisprudence and law, a right is the legal or moral entitlement to do or refrain from doing something or to obtain or refrain from obtaining an action, thing or recognition in civil society. ... This article needs additional references or sources for verification. ... This article describes the government of the United States. ... The Bill of Rights in the National Archives Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. ... Image of the United States Bill of Rights from the U.S. National Archives and Records Administration. ...


The principle of the supremacy of federal powers over those powers held by the states is based on the supremacy clause of the United States Constitution and was explained in the early 1800s by John Marshall, the fourth Chief Justice of the Supreme Court of the United States. In the seminal case of McCulloch v. Maryland, Marshall asserted that the laws adopted by the federal government, when exercising its Constitutional powers, are generally paramount over any conflicting laws adopted by state governments. After McCulloch, the primary legal issues in this area concerned the scope of the powers Congress possesses under the Constitution, and whether the states possess certain powers to the exclusion of the federal government even if the Constitution does not explicitly limit them to the States. Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause: The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as the supreme law of the land. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... John Marshall (September 24, 1755 – July 6, 1835) was an American statesman and jurist who shaped American constitutional law and made the Supreme Court a center of power. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  Politics Portal      The Chief Justice of the United States is the head of the judicial branch... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries  Atlas  Politics Portal      The Supreme Court of the United States (sometimes colloquially referred to by the acronym... Holding Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to tax and spend, and a bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenue. ...

Contents

Controversy to 1865

In the period between the American Revolution and the establishment of the United States Constitution, the states had coalesced under a much weaker federal government, pursuant to the Articles of Confederation, which gave the federal government very little, if any, authority to overrule individual states. The Constitution strengthened the federal government, authorizing it to exercise powers deemed necessary to rule over the nation as a whole, with a vague boundary between the two co-existing "levels" of government. In the event a state's law should overlap federal law, the Constitution resolved the conflict in the Supremacy Clause in Article VI in favor of the federal government, which declares federal law the "supreme Law of the Land" and provides that "the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." The Supremacy Clause applies, however, only if the federal government is acting within its Constitutionally authorized powers. Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... The Articles of Confederation The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document, or constitution, of the United States of America. ...


When the Federalists passed the Alien and Sedition Acts in 1798, Thomas Jefferson and James Madison secretly wrote the Kentucky and Virginia Resolutions, which provide a classic statement in support of states' rights. According to this theory, the Federal Union is a voluntary association of states and if the central government goes too far, each state has the right to nullify that law. As Jefferson said in the Kentucky Resolutions: ======== many recent edits that had nothing to do with article. ... Thomas Jefferson (13 April 1743 N.S.–4 July 1826) was the third President of the United States (1801–09), the principal author of the Declaration of Independence (1776), and one of the most influential Founding Fathers for his promotion of the ideals of Republicanism in the United States. ... James Madison (March 16, 1751 – June 28, 1836), an American politician and fourth President of the United States of America (1809–1817), was one of the most influential Founders of the United States. ... Thomas Jefferson. ...

Resolved, that the several States composing the United States of America, are not united on the principle of unlimited submission to their general government; but that by compact under the style and title of a Constitution for the United States and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party....each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress."

The Kentucky and Virginia Resolutions, along with the supporting Report of 1800 by Madison, became bedrock documents of Jefferson's Democratic-Republican Party. Those supporters, such as John Randolph, who insisted loudest on states' rights, were called "Old Republicans" into the 1820s and 1830s. The cover of a book containing the Virginia and Kentucky Resolutions along with the Report of 1800 and other supporting documents. ... The Democratic-Republican Party, also known as the Republican Party (not related to the present-day Republican Party), was founded by Thomas Jefferson and James Madison in 1792. ... John Randolph of Roanoke, (June 2, 1773 - May 24, 1833) was a Representative and a Senator from Virginia John Randolph, 3rd Earl of Moray, regent of Scotland. ...


Another states' rights dispute occurred over the War of 1812. At the Hartford Convention, New England states voiced opposition to President Madison and the war, and discussed secession from the Union. This article is about the U.S. – U.K. war. ... The Secret Journal of the Hartford Convention, published 1823. ... This article is about the region in the United States of America. ... Order: 4th President Term of Office: March 4, 1809–March 3, 1817 Preceded by: Thomas Jefferson Succeeded by: James Monroe Date of birth: March 16, 1751 Place of birth: Port Conway, Virginia Date of death: June 28, 1836 Place of death: Montpelier, Virginia First Lady: Dolley Madison Political party... This article does not cite any references or sources. ...


Nullification

One major and continuous strain on the union, from roughly 1820 through the Civil War, was the issue of trade and tariffs. Heavily dependent upon trade, the almost entirely agricultural and export-oriented South imported most of its manufactured needs from Europe or obtained them from the North. The North, by contrast, had a growing domestic industrial economy that viewed foreign trade as competition. Trade barriers, especially protective tariffs, were viewed as harmful to the Southern economy, which depended on exports. This article does not cite any references or sources. ...


In 1828, the Congress passed protective tariffs to benefit trade in the northern states, but were detrimental to the South. Southerners vocally expressed their tariff opposition in documents such as the South Carolina Exposition and Protest in 1828, written in response to the "Tariff of Abominations". Exposition and Protest was the work of South Carolina senator John C. Calhoun, formerly an advocate of protective tariffs and internal improvements at federal expense. Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... The South Carolina Exposition and Protest, also known as Calhouns Exposition , was written in 1828 by John C. Calhoun,in disguise under the pseudonym Mr. ... The Tariff of 1828, also known as the Tariff of Abominations, was a protective tariff passed by the U.S. Congress in 1828. ... Official language(s) English Capital Charleston(1670-1789) Columbia(1790-present) Largest city Columbia Largest metro area Columbia Area  Ranked 40th  - Total 34,726 sq mi (82,965 km²)  - Width 200 miles (320 km)  - Length 260 miles (420 km)  - % water 6  - Latitude 32° 2′ N to 35° 13′ N  - Longitude... The United States Senate is the upper house of the U.S. Congress, smaller than the United States House of Representatives. ... John Caldwell Calhoun (March 18, 1782 – March 31, 1850) was a leading United States Southern politician and political philosopher from South Carolina during the first half of the 19th century, best known as a spokesman for slavery, nullification and the rights of electoral minorities, such as slave-holders. ... This article does not cite any references or sources. ...


South Carolina's Nullification Ordinance declared the tariff of 1828 and 1832 null and void within the state borders of South Carolina. It began the Nullification Crisis. Passed by a state convention on November 24, 1832, it led, on December 10, to President Andrew Jackson's proclamation against South Carolina, which sent a naval flotilla and a threat of sending government ground troops to enforce the tariffs. Official language(s) English Capital Charleston(1670-1789) Columbia(1790-present) Largest city Columbia Largest metro area Columbia Area  Ranked 40th  - Total 34,726 sq mi (82,965 km²)  - Width 200 miles (320 km)  - Length 260 miles (420 km)  - % water 6  - Latitude 32° 2′ N to 35° 13′ N  - Longitude... The Ordinance of Nullification declared the tariff of 1828 and 1832 null and void within the state borders of South Carolina. ... The Tariff of 1828 (also known as the Tariff of Abominations, ch. ... The Tariff of 1832 was a protectionist tariff in the United States. ... Official language(s) English Capital Charleston(1670-1789) Columbia(1790-present) Largest city Columbia Largest metro area Columbia Area  Ranked 40th  - Total 34,726 sq mi (82,965 km²)  - Width 200 miles (320 km)  - Length 260 miles (420 km)  - % water 6  - Latitude 32° 2′ N to 35° 13′ N  - Longitude... The Nullification Crisis was a sectional crisis during the presidency of Andrew Jackson that arose when the state of South Carolina attempted to nullify a federal law passed by the United States Congress. ... is the 328th day of the year (329th in leap years) in the Gregorian calendar. ... Year 1832 (MDCCCXXXII) was a leap year starting on Sunday (link will display the full calendar) of the Gregorian Calendar (or a leap year starting on Friday of the 12-day slower Julian calendar). ... December 10 is the 344th day (345th in leap years) of the year in the Gregorian calendar, 21 days before the next year. ... For other uses, see Andrew Jackson (disambiguation). ...


Civil War

Over the following decades, another dispute over states' rights moved to the forefront. The issue of slavery polarized the union, with the principles espoused by Thomas Jefferson often being cited by both anti-slavery Northerners and secessionists on the debates that ultimately led to the American Civil War. Supporters of slavery often argued that one of the rights of the states was the protection of slave property wherever it went, a position endorsed by the Supreme Court in the 1857 Dred Scott decision. In contrast, opponents of slavery argued that the non-slave-states' rights were violated both by that decision and by the Fugitive Slave Law of 1850. Slave redirects here. ... Thomas Jefferson (13 April 1743 N.S.–4 July 1826) was the third President of the United States (1801–09), the principal author of the Declaration of Independence (1776), and one of the most influential Founding Fathers for his promotion of the ideals of Republicanism in the United States. ... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... Holding States do not have the right to claim an individuals property that was fairly theirs in another state. ... The Fugitive Slave Law of the United States may refer to one of two laws of the same name: Fugitive Slave Law of 1793 Fugitive Slave Law of 1850 This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ...


Jefferson Davis used the following argument in favor of the equal rights of states, as opposed to the declaration that all men are created equal: Jefferson Finis Davis (June 3, 1808 – December 6, 1889) was an American politician who served as President of the Confederate States of America for its entire history from 1861 to 1865 during the American Civil War. ...

Resolved, That the union of these States rests on the equality of rights and privileges among its members, and that it is especially the duty of the Senate, which represents the States in their sovereign capacity, to resist all attempts to discriminate either in relation to person or property, so as, in the Territories -- which are the common possession of the United States -- to give advantages to the citizens of one State which are not equally secured to those of every other State.[1]

The Preamble to the Confederate States Constitution begins: "We, the people of the Confederate States, each State acting in its sovereign and independent character..." The Confederate States Constitution The Constitution of the Confederate States of America was the supreme law of the Confederate States of America, as adopted on March 11, 1861 and in effect through the conclusion of the American Civil War. ...


Since 1865

With United States v. Cruikshank (1876), a case that arose out of the Colfax Massacre, the Fourteenth Amendment was held by the Supreme Court of the United States to apply only to state actions, not private acts of violence. United States v. ... On April 13, 1873, in Colfax, Louisiana, a group of white men (including members of the White League and the Ku Klux Klan) clashed with members of Louisianas almost all-black state militia at the local courthouse. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries  Atlas  Politics Portal      The Supreme Court of the United States (sometimes colloquially referred to by the acronym...


United States v. Harris (1883) held that the Equal Protection Clause did not apply to an 1883 prison lynching since the Fourteenth Amendment applied only to states, not to individual criminal matters. To meet Wikipedias quality standards, this article or section may require cleanup. ...


The Civil Rights Cases (1883) allowed segregation by striking down the Civil Rights Act of 1875, a statute that prohibited racial discrimination in public accommodations. There, the Supreme Court held that the Equal Protection Clause applied only to acts done by states, not to those done by private individuals; because the Civil Rights Act of 1875 applied to private establishments, the Court said, it exceeded congressional power under section five of the Fourteenth Amendment. Holding The Equal Protection clause applies only to state action, not segregation by privately owned businesses. ... The Civil Rights Act of 1875 (18 Stat. ... A number of amendments to the United States Constitution include a Congressional power of enforcement. ...


Plessy v. Ferguson (1896) held that the separate but equal doctrine complied with the Equal Protection Clause, and marked the beginning of Jim Crow laws by legalizing de jure segregation. The Fourteenth Amendment and Fifteenth Amendment would be largely inactive until the American Civil Rights Movement. Some modern courts up to and including the U.S. Supreme Court still interpret the Civil Rights Cases as limiting the scope of the Fourteenth Amendment. Holding The separate but equal provision of public accommodations by state governments is constitutional under the Equal Protection Clause. ... Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause. ... The Jim Crow Laws were state and local laws enacted in the Southern and border states of the United States and enforced between 1876 and 1965. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), intended to secure rights for former slaves. ... Amendment XV in the National Archives 1870 celebration of the 15th amendment as a guarantee of African American rights 1867 drawing depicting the first vote by African Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution provides that governments in the United States may not prevent a citizen... The civil rights movement in the United States has been a long, primarily nonviolent struggle to bring full civil rights and equality under the law to all citizens of United States. ...


The Civil War itself and its Constitutional amendments revolved around whether America would become an indestructible union or a collection of states under a Federal Government. By the beginning of the 20th century, greater cooperation began to grow between the State and Federal Governments, and soon the Federal Government began to gain more power. It was early in this development that the National Income Tax was implemented, first during the Civil War and then permanently with the Sixteenth Amendment in 1913. Before this, the State had been the highest form of government to which people had to pay taxes, but now another level was added, creating a sense of higher authority for the Federal Government. Soon following this implementation was the Great Depression, the New Deal and then World War II, during which time the Federal Government continued to take on more authority and responsibility. The case of Wickard v. Filburn allowed the Federal Government to even regulate how much food a person could grow on their own land, arguing this affected interstate commerce and so came under the jurisdiction of the commerce clause. Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... Amendment XVI in the National Archives Amendment XVI (the Sixteenth Amendment) of the United States Constitution was ratified on February 3, 1913. ... For other uses, see The Great Depression (disambiguation). ... The New Deal was the title President Franklin D. Roosevelt gave to the series of programs he initiated between 1933 and 1938 with the goal of providing relief, recovery, and reform (3 Rs) to the people and economy of the United States during the Great Depression. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... Holding Production quotas under the Agricultural Adjustment Act were constitutionally applied to agricultural production that was consumed purely intrastate, because its effect upon interstate commerce placed it within the power of Congress to regulate under the Commerce Clause. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, reads as follows:The Congress shall have Power . ...


After World War II, President Harry Truman supported a civil rights bill and desegregated the army. The reaction was a split in the Democratic Party that led to the formation of the "States' Rights Party", better known as the Dixiecrats, led by Strom Thurmond. Thurmond ran as the States' Rights candidate for President in 1948, losing to Truman. For the victim of Mt. ... The Democratic Party is one of two major contemporary political parties in the United States; the other being the Republican Party. ... This article does not cite any references or sources. ... James Strom Thurmond (December 5, 1902 – June 26, 2003) was an American politician who served as governor of South Carolina and as a United States Senator representing that state. ...


Civil Rights Movement

During the civil rights movement of the 1950s and 1960s, states' rights became strongly associated with Southern racial politics, with proponents of racial segregation and Jim Crow laws denouncing federal interference in these state-level policies. Martin Luther King is perhaps most famous for his I Have a Dream speech, given in front of the Lincoln Memorial during the 1963 March on Washington for Jobs and Freedom This article is about the civil rights movement following the Brown v. ... The Rex Theatre for Colored People Racial segregation is characterised by separation of different races in daily life, such as eating in a restaurant, drinking from a water fountain, using a rest room, attending school, going to the movies, or in the rental or purchase of a home[1]. Segregation... The term Jim Crow laws refers to a series of laws enacted mostly in the Southern United States in the later half of the 19th century that restricted most of the new privileges granted to African-Americans after the Civil War. ...


Brown v. Board of Education (1954) overruled the Plessy v. Ferguson (1896) decision, but the Fourteenth and Fifteenth amendments were largely inactive in the South until the Civil Rights Act of 1964(42 USC 21) and the Voting Rights Act of 1965. Several states passed Interposition Resolutions to declare that the Supreme Court's ruling in Brown usurped state's rights. Holding Segregation of students in public schools violates the Equal Protection Clause of the Fourteenth Amendment, because separate facilities are inherently unequal. ... Holding The separate but equal provision of public accommodations by state governments is constitutional under the Equal Protection Clause. ... President Johnson signs the Civil Rights Act of 1964. ... The United States Voting Rights Act of 1965 outlawed requiring would-be voters to take literacy tests and provided for federal registration of African American voters in areas that had less than 50% of eligible voters registered. ...


With Martin Luther King's nonviolent campaign for civil rights, a bus boycott, sit-ins, and desegregation attempts by freedom riders (several were badly beaten by white supremists) and others achieved the Civil Rights Act of 1964. “Martin Luther King” redirects here. ... President Johnson signs the Civil Rights Act of 1964. ...


There was states' rights opposition to voting rights at Edmund Pettus Bridge, which was part of the Selma to Montgomery marches that resulted in the Voting Rights Act of 1965. James Reeb, Jimmie Lee Jackson and Viola Liuzzo are three civil rights workers who were murdered by opponents of civil rights.[2] The Edmund Pettus Bridge, named for Edmund Winston Pettus, a Confederate brigadier general, and eventual U.S. Senator, is a bridge in Selma, Alabama. ... John Lewis (on right in trench coat) and Hosea Williams (on the left) lead marchers across the Edmund Pettus Bridge, March 7, 1965 The Selma to Montgomery marches, which included Bloody Sunday, were three marches that marked the political and emotional peak of the American civil rights movement. ... The United States Voting Rights Act of 1965 outlawed requiring would-be voters to take literacy tests and provided for federal registration of African American voters in areas that had less than 50% of eligible voters registered. ... James Reeb (January 1, 1927 — March 11, 1965) was a white Unitarian minister from Boston, Massachusetts who, while marching for civil rights in Selma, Alabama, was beaten to death by segregationists ([1]). He was 38 years old. ... Jimmie Lee Jackson (born in Marion, Alabama December 1938 - died in Selma, Alabama February 26, 1965) was a young man whose death was among the abuses of African-Americans that provoked the Selma to Montgomery marches, an important event in the American Civil Rights movement. ... Viola Liuzzo with her husband Anthony, 1949. ...


Contemporary debates

In 1964, the issue of fair housing in California involved the boundary between state laws and federalism. California Proposition 14 overturned the Rumsford Fair Housing Act and allowed discrimination of any type on home sales. Martin Luther King and others saw this as a backlash against civil rights. Actor Ronald Reagan gained popularity by supporting Proposition 14, and was later elected governor of California.[3] The U. S. Supreme Court's Reitman Vs. Mulkey decision overturned Proposition 14 in 1967 in favor of the equal protection clause of the 14th Amendment. To meet Wikipedias quality standards, this article or section may require cleanup. ... “Martin Luther King” redirects here. ... “Reagan” redirects here. ... Official language(s) English Capital Sacramento Largest city Los Angeles Largest metro area Greater Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ...


Another concern is the fact that on more than one occasion, the Federal Government has threatened to withhold highway funds from states that did not pass certain articles of legislation. Any state which lost highway funding for any extended period would face financial impoverishment, infrastructure collapse or both. Although the first such action (the enactment of a national speed limit) was directly related to highways and done in the face of a fuel shortage, most subsequent actions have had little or nothing to do with highways and have not been done in the face of any compelling national crisis. Critics of such actions feel that when the Federal Government does this they upset the traditional balance between the state and Federal governments. Interstate Highways in the 48 contiguous states. ...


Current states' rights issues include the death penalty, assisted suicide, gay marriage, doctor-assisted suicide in Gonzales v. Oregon, and the medical use of marijuana, the last of which is in violation of federal law. In Gonzales v. Raich, the Supreme Court ruled in favor of the federal government and permitted the DEA to arrest medical marijuana patients and caregivers. Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... Euthanasia (Greek, good death) is the practice of killing a person or animal, in a painless or minimally painful way, for merciful reasons, usually to end their suffering. ... Same-sex marriage is marriage between individuals who are of the same legal or biological sex. ... Holding The Controlled Substances Act does not give the U.S. Attorney General the authority to prohibit doctors from prescribing drugs for use in physician-assisted suicide permitted by state law. ... Cannabis sativa extract. ... Holding Congress may ban the use of marijuana even where states approve its use for medicinal purposes. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries  Atlas  Politics Portal      The Supreme Court of the United States (sometimes colloquially referred to by the acronym... The DEAs enforcement activities may take agents anywhere from distant countries to suburban U.S. homes. ...


States' rights as "code word"

The term "states' rights" has been used as a code word by defenders of segregation, and was the official name of the "Dixiecrat" party led by segregationist presidential candidate Strom Thurmond. George Wallace, the Alabama governor, who famously declared in his inaugural address, "Segregation now! Segregation tomorrow! Segregation forever!", later remarked that he should have said, "States' rights now! States' rights tomorrow! States' rights forever!" Wallace, however, claimed that segregation was but one issue symbolic of a larger struggle for states' rights; in that view, which historians dispute, his replacement of segregation with states' rights would be more of a clarification than a euphemism.[4] This article does not cite any references or sources. ... James Strom Thurmond (December 5, 1902 – June 26, 2003) was an American politician who served as governor of South Carolina and as a United States Senator representing that state. ... George Corley Wallace, Jr. ... This article is about the U.S. State. ... Euphemism is the substitution of an agreeable or inoffensive expression for one that may offend or suggest something unpleasant to the listener; or in the case of doublespeak, to make it less troublesome for the speaker. ...


On the opening day of the 1980 presidential campaign, Ronald Reagan declared, "I believe in states' rights" in a speech at Neshoba County fairgrounds near Philadelphia, Mississippi. Philadelphia was the site of the murders of three civil rights workers in 1964. Andrew Young, Bob Herbert and others believed that Reagan's choice of this location to give his states' rights speech constituted a veiled appeal to southern segregationists.[5][6]. Reagan's campaign staff, however, denied any connection.[7] At the same event, Strom Thurmond (who was by then a Republican senator from South Carolina), declared: "We want that federal government to keep their filthy hands off the rights of the states." Thurmond had been an ardent segregationist, although he publicly opposed segregation after 1970. The United States presidential election of 1980 featured a contest between incumbent Democrat Jimmy Carter and his Republican opponent, Ronald Reagan, along with a third party candidate, the liberal Republican John B. Anderson. ... “Reagan” redirects here. ... Neshoba County is a county located in the state of Mississippi. ... Philadelphia is a city located in Neshoba County, Mississippi. ... The Mississippi Civil Rights Workers Murders involved the 1964 slayings of three political activists during the American Civil Rights Movement. ... Andrew Jackson Young, Jr. ... This article or section does not cite its references or sources. ... Official language(s) English Capital Charleston(1670-1789) Columbia(1790-present) Largest city Columbia Largest metro area Columbia Area  Ranked 40th  - Total 34,726 sq mi (82,965 km²)  - Width 200 miles (320 km)  - Length 260 miles (420 km)  - % water 6  - Latitude 32° 2′ N to 35° 13′ N  - Longitude...


States' rights and the Rehnquist Court

The Supreme Court's Board of Trustees of the University of Alabama v. Garrett (2001)[8] and Kimel v. Florida Board of Regents (2000)[9] decisions allowed states to use a rational basis review for discrimination against the aged and disabled, arguing that these types of discrimination were rationally related to a legitimate state interest, and that no "razorlike precision" was needed. The Supreme Court's United States v. Morrison (2000)[10] decision limited the ability of rape victims to sue their attackers in Federal Court. Rehnquist explained that "States historically have been sovereign" in the area of law enforcement, which in the Court's opinion required narrow interpretations of the Commerce Clause and Fourteenth Amendment. Holding The Court held that Congresss enforcement powers under the Fourteenth Amendment to the Constitution did not extend to the abrogation of state sovereign immunity under the Eleventh Amendment where the discrimination complained of was rationally based on a disability. ... Holding The Court held that Congresss enforcement powers under the Fourteenth Amendment to the Constitution did not extend to the abrogation of state sovereign immunity under the Eleventh Amendment where the discrimination complained of was based on age. ... Rational basis rest, in U.S. constitutional law, is the lowest level of scrutiny applied by courts deciding constitutional issues through judicial review. ... Holding The Violence Against Women Act of 1994, 42 U.S.C. § 13981, is unconstitutional as exceeding congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution. ... William H. Rehnquist has served as the Chief Justice of the United States since 1986. ...


Kimel, Garrett and Morrison indicated that the Court's previous decisions in favor of enumerated powers and limits on Congressional power over the states, such as United States v. Lopez (1995), Seminole Tribe v. Florida (1996) and City of Boerne v. Flores (1997) were more than one time flukes. In the past, Congress relied on the Commerce Clause and the Equal Protection Clause for passing civil rights bills, including the Civil Rights Act of 1964. Holding Possession of a gun near a school is not an economic activity that has a substantial effect on interstate commerce. ... Holding Congress does not have the power pursuant to the Commerce Clause to abrogate the sovereign immunity afforded to states under the 11th Amendment; the doctrine of Ex parte Young, which allows parties to seek relief against state officials for violations of the Constitution or laws of the United States... City of Boerne v. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, reads as follows:The Congress shall have Power . ... Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause. ... President Johnson signs the Civil Rights Act of 1964. ...


Lopez limited the Commerce Clause to things that directly affect interstate commerce, which excludes issues like gun control laws, hate crimes and other crimes that affect commerce but are not directly related to commerce. Seminole reinforced the "sovereign immunity of states" doctrine, which makes it difficult to sue states for many things, especially civil rights violations. The Flores "congruence and proportionality" requirement prevents Congress from going too far in requiring states to comply with the Equal Protection Clause, which replaced the ratchet theory advanced in Katzenbach v. Morgan (1966). The ratchet theory held that Congress could ratchet up civil rights beyond what the Court had recognized, but that Congress could not ratchet down judicially recognized rights. An important precedent for Morrison was United States v. Harris (1883), which ruled that the Equal Protection Clause did not apply to a prison lynching because the state action doctrine applies Equal Protection only to state action, not private criminal acts. Since the ratchet principle was replaced with the "congruence and proportionality" principle by Flores, it was easier to revive older precedents for preventing Congress from going beyond what Court interpretations would allow. Critics such as Supreme Court Justice Stevens accused the Court of judicial activism (interpreting law to reach a desired conclusion). Holding Congress may enact laws stemming from its 14th Amendment enforcement power that increase the rights of citizens beyond what the judiciary has recognized. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Judicial activism is a term used by political commentators to describe a tendency by judges to consider outcomes, attitudinal preferences, and other public policy issues in interpreting applicable existing law. ...


The tide against federal power in the Rehnquist court was stopped in the case Gonzales v. Raich, in which the court upheld the federal power to prohibit medical use of cannabis even if states have permitted it. Rehnquist himself was a dissenter in the Raich case. Holding Congress may ban the use of marijuana even where states approve its use for medicinal purposes. ... Look up Cannabis in Wiktionary, the free dictionary. ...


More recently, the issue of states' rights has come to a head when the Base Realignment and Closure Commission (BRAC) recommended that Congress and the Department of Defense implement sweeping changes to the National Guard by consolidating some Guard installations and closing others. These recommendations in 2005 drew strong criticism from many states, and several states sued the federal government on the basis that Congress and the Pentagon would be violating states' rights should they force the realignment and closure of Guard bases without the prior approval of the governors from the affected states. After Pennsylvania won a federal lawsuit to block the deactivation of the 111th Fighter Wing of the Pennsylvania Air National Guard, defense and Congressional leaders chose to try and settle the remaining BRAC lawsuits out of court, reaching compromises with the plaintiff states.[11] Base Realignment and Closure (BRAC) is a process used by the Congress of the United States to reduce and consolidate the excess capacity of military installations in order to save operation and maintenance costs. ... Look up Congress in Wiktionary, the free dictionary. ... The United States Department of Defense, abbreviated DoD or DOD and sometimes called the Defense Department, is a civilian Cabinet organization of the United States government. ... National Guard may refer to: A military force: Cypriot National Guard United States National Guard National Guard (France), active during the French Revolution Saudi Arabian National Guard A part of the Military of Kuwait Iraqi National Guard A part of the Military of Venezuela Portuguese Republican National Guard National Guard... Capital Harrisburg Largest city Philadelphia Area  Ranked 33rd  - Total 46,055 sq mi (119,283 km²)  - Width 280 miles (455 km)  - Length 160 miles (255 km)  - % water 2. ... The United States Air Forces 111th Fighter Wing is an Air National Guard fighter unit located at NAS Willow Grove, Pennsylvania. ... The Pennsylvania Air National Guard is the component of the United States Air National Guard operating within the Commonwealth of Pennsylvania. ... A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court. ...


See also

The battle of Fort Sumter was the first stage in a conflict that had been brewing for decades. ... The Politics series Politics Portal This box:      Political federalism is a political philosophy in which a group of members are bound together (Latin: foedus, covenant) with a governing representative head. ... The compact theory is a theory relating to the development of the Constitution of the United States of America. ...

External links

  • Tenth Amendment Center Federalism and States Rights in the U.S.
  • A copy of transcript of Florida's 1957 Interposition Resolution, made available for public use by the State Archives of Florida

Notes

  1. ^ Jefferson Davis' Resolutions on the Relations of States, Senate Chamber, U.S. Capitol, February 2, 1860, From The Papers of Jefferson Davis, Volume 6, pp. 273-76. Transcribed from the Congressional Globe, 36th Congress, 1st Session, pp. 658-59.
  2. ^ Parting the Waters, Pillar of Fire and Canaan's Edge by Taylor Branch
  3. ^ Pillar of Fire, Taylor Branch, page 242
  4. ^ Carter, Dan T. From George Wallace to Newt Gingrich: Race in the Conservative Counterrevolution, 1963-1994. p. 1.
  5. ^ Los Angeles Times, Aug. 13, 1980, p. D7, Shades of the Klan: Reagan's Talk of State's Rights is Scary, Andrew Young.
  6. ^ Herbert, Bob (June 16, 2005) "An Empty Apology." New York Times.
  7. ^ Arkansas News Bureau, July 2, 2006, The 1980 Neshoba County Fair in Context, David Sanders. [1]
  8. ^ Board of Trustees of the University of Alabama et al. v. Garrett et al., U. S. Supreme Court, decided February 21, 2001
  9. ^ Kimel v. Florida Board of Regents, U. S. Supreme court, decided January 11, 2000
  10. ^ United States v. Morrison, U. S. Supreme Court, decided May 15, 2000
  11. ^ Judge Rules Favorably in Pennsylvania BRAC Suit (Associated Press, 26 August)

References

Secondary sources

  • Ann Althouse. "Why Talking about "States' Rights" Cannot Avoid the Need for Normative Federalism Analysis" Duke Law Journal, Vol. 51, 2001
  • Lynn A. Baker & Ernest A. Young, "Federalism and the Double Standard of Judicial Review" , 51 Duke Law Journal (2001), which argues at 143-49 : "To many, [the notion of states' rights] stands for an anachronistic (and immoral) preference for the race-based denial of essential individual rights....".
  • Daniel A. Farber. "States' Rights and the Union: Imperium in Imperio, 1776-1876" Constitutional Commentary, Vol. 18, 2001
  • Russell Kirk, Randolph of Roanoke: A Study in Conservative Thought (1951)
  • Forrest McDonald. States' Rights and the Union: Imperium in Imperio, 1776-1876 (2002)
  • Norman K. Risjord, The Old Republicans: Southern Conservatism in the Age of Jefferson (1965]
  • Manisha Sinha; "Revolution or Counterrevolution?: The Political Ideology of Secession in Antebellum South Carolina" Civil War History, Vol. 46, 2000 in JSTOR

Further reading

  • Frederick D. Drake, ed. States' Rights and American Federalism: A Documentary History (1999)

  Results from FactBites:
 
states' rights. The Columbia Encyclopedia, Sixth Edition. 2001-05 (863 words)
Although proslavery forces are usually identified with a strong states’ rights position, the legislature of Wisconsin adopted (1859) resolutions defending state sovereignty after the Supreme Court overruled the Wisconsin courts and upheld the conviction of an abolitionist editor for violating the fugitive slave law.
Eleven Southern states seceded in 1860–61 and formed the Confederacy, in which, fittingly, the doctrine of states’ rights was upheld by such governors as Joseph E. Brown and Zebulon B. Vance.
In the presidential election of 1948, a Southern states’ rights party (the Dixiecrats) was organized with J. Strom Thurmond of South Carolina as its candidate, and it carried four Southern states.
States' Rights (284 words)
The principle of states' rights and state sovereignty eventually led the Southern states to secede from the central government that they believed had failed to honor the covenant that had originally bound the states together.
Northern proposals to abolish or restrict slavery- an institution firmly protected by the Constitution- escalated the regional differences in the country and rallied the Southern states firmly behind the doctrine of states' rights and the sovereignty of the individual states.
The Confederacy that was subsequently formed by the seceded states was patterned on the doctrine of states' rights.
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