Why do people say states have rights?

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Discussion Overview

The discussion revolves around the concept of "states' rights," particularly in the context of the United States. Participants explore the distinction between rights and powers of states versus individuals, historical implications, and legal interpretations surrounding this topic.

Discussion Character

  • Debate/contested
  • Historical
  • Conceptual clarification

Main Points Raised

  • Some participants question how states can possess rights, arguing that rights are inherently individual, while powers are what governing bodies hold.
  • Others assert that states do have rights, such as the right to impose taxes, though this is contested as being a power rather than a right.
  • One participant references the 10th Amendment, suggesting it protects states' rights from federal overreach, and cites a recent court case as evidence of this principle in action.
  • Another participant claims that states' rights have been consistently undermined since 1867, arguing that this undermining leads to tyranny.
  • Historical context is provided by participants who relate the concept of states' rights to the Civil War, with differing interpretations of the conflict's causes and implications.
  • Some participants express strong opinions on the characterization of the Civil War, labeling it differently based on their views of federal versus state authority.

Areas of Agreement / Disagreement

Participants exhibit disagreement regarding the definitions and implications of states' rights versus powers, with no consensus reached on the validity of states having rights or the historical context surrounding the Civil War.

Contextual Notes

There are unresolved assumptions regarding the definitions of rights and powers, as well as differing interpretations of historical events and legal precedents that inform the discussion.

Zero
States have rights??

I keep hearing that phrase, and it never ceases to bother me. How can a state (say Alabama) have rights? As far as I knew, governing bodies had powers, not rights...it is individuals that have rights, right?
 
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Originally posted by Zero
I keep hearing that phrase, and it never ceases to bother me. How can a state (say Alabama) have rights? As far as I knew, governing bodies had powers, not rights...it is individuals that have rights, right?

A state can have the right to raise taxation from its people. I believe that you call it 'Sales tax'. That is a right. What is your problem with this?
 


Originally posted by Adrian Baker
A state can have the right to raise taxation from its people. I believe that you call it 'Sales tax'. That is a right. What is your problem with this?
That's not a right, that's a power.
 


Originally posted by Zero
How can a state (say Alabama) have rights? As far as I knew, governing bodies had powers, not rights...it is individuals that have rights, right?
That was (supposedly) the basis for the Civil War. The South argued that point...rather unsuccessfully.
 


Originally posted by russ_watters
That was (supposedly) the basis for the Civil War. The South argued that point...rather unsuccessfully.
I prefer to refer to it as the War of Southern Treason...but that's just me!
 
States have rights relative to the Federal Government. The 10th Amendment to the Constitution protects the states from the federal government usurping their powers. This was modified nut in no way eliminated by the 14th amendment.

Recently the Ninth Circuit Federal Court in California said that a man who made his own machine gun in his home could not be prosecuted under the (Federal) Brady bill because it didn't fall under the specific areas that the Federal government is allowed to constitutionally prosecute citizens of states. The Supreme Court has agreed to hear the case. So "States' rights" is not just a slogan.

A "Power" is something you can do to others. A "Right" is a restriction on someone else's power to do things to you.
 
Actually there are States Rights, and they have been trampled upon constantly since 1867.

States Rights simply put, is the right for the State to enact legislation its people want to see enacted, without Federal over-site.

The Federal Government when established only had powers that would help make the Union more adhesive.

After the Civil War, the Federal Government betrayed its new-found position, and abolished States Rights, illegally.

Since 1985, the US Constitution has been little more than toilet paper, the case Garcia vs. San Antonio ruled that the Federal Government does not need to adhere to the US Constitution, that its jurisdiction is "infinite".

States Rights was to prevent Tyranny, but as we see by whoever is President, without it, Tyranny is fast at hand.
 
Zero, the Civil War is actually best described as "The War of Northern (Federal) Agression."

To understand that you need to know the history of the causes of the War, which you don't seem to understand.
 

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