Why do people say states have rights?

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In summary, the conversation discusses the concept of states' rights and whether states have rights or just powers. Some argue that the 10th Amendment protects states from the federal government, while others believe that states' rights have been trampled upon since the Civil War. The conversation also brings up a recent court case related to states' rights and the difference between powers and rights. The Civil War is mentioned and referred to as either the War of Southern Treason or the War of Northern Aggression.
  • #1
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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  • #2


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?
 
  • #3


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.
 
  • #4


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.
 
  • #5


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!
 
  • #6
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.
 
  • #7
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.
 
  • #8
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.
 

1. What are "states' rights"?

"States' rights" refers to the idea that individual states within a country should have certain powers and rights that are separate from the federal government. This concept is based on the idea of federalism, which divides power between the national government and the states.

2. What are some examples of states' rights?

Some examples of states' rights include the ability to create and enforce laws within their borders, manage their own public education systems, and regulate commerce within their jurisdictions. States also have the right to make decisions regarding issues such as healthcare, environmental regulations, and voting laws.

3. How does the concept of states' rights impact the relationship between state and federal governments?

The concept of states' rights can create tension between state and federal governments, as each entity may have different ideas about the division of power and the limits of federal authority. This can lead to legal disputes and debates over the interpretation of the Constitution.

4. Are states' rights protected by the Constitution?

Yes, the Tenth Amendment of the U.S. Constitution explicitly states that any powers not specifically granted to the federal government are reserved for the states. This has been interpreted to mean that states have the right to make decisions and laws on issues that are not explicitly within the federal government's jurisdiction.

5. How has the concept of states' rights evolved over time?

The idea of states' rights has been a topic of debate throughout U.S. history, with some advocating for stronger state autonomy while others argue for a more centralized federal government. The balance of power between the two has shifted over time, with the federal government gaining more authority in certain areas, such as civil rights, while states have retained control over others, such as education and marriage laws.

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