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News States have rights?

  1. Dec 2, 2003 #1
    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?
  2. jcsd
  3. Dec 2, 2003 #2
    Re: States have rights??

    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?
  4. Dec 2, 2003 #3
    Re: Re: States have rights??

    That's not a right, that's a power.
  5. Dec 2, 2003 #4


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    Re: States have rights??

    That was (supposedly) the basis for the Civil War. The South argued that point.....rather unsuccessfully.
  6. Dec 2, 2003 #5
    Re: Re: States have rights??

    I prefer to refer to it as the War of Southern Treason...but that's just me!
  7. Dec 2, 2003 #6


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    Staff Emeritus
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    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.
  8. Jul 3, 2004 #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.
  9. Jul 3, 2004 #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.
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