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Topic: State's rights


  
 States' rights - Wikipedia, the free encyclopedia
The states' rights concept is usually used to defend a state law that the federal government of the United States seeks to override, or a perceived violation of the bounds of federal authority.
Other controversial subjects entering the states' rights debate include the authority to legalize assisted suicide, the authority to legalize gay marriage, and the authority to legalize medical marijuana, the last of which is in direct contravention of current federal U.S. law.
They are guaranteed by the Tenth Amendment to the United States Constitution, under the United States Bill of Rights.
http://en.wikipedia.org/wiki/States_rights   (1232 words)

  
 states' rights - Columbia Encyclopedia article about states' rights
In the United States civil rights are usually thought of in terms of the specific rights guaranteed in the Constitution: freedom of religion, of speech, and of the press, and the rights to due process of law and to equal protection under the law.
A states' rights controversy is probably inherent in the federal structure of the United States government.
Eleven Southern states seceded in 1860–61 and formed the Confederacy Confederacy, name commonly given to the Confederate States of America (1861–65), the government established by the Southern states of the United States after their secession from the Union.
http://columbia.thefreedictionary.com/states%27+rights   (1685 words)

  
 United States - Wikipedia, the free encyclopedia
The United States is a constitutional republic, meaning that its government is composed of and operates through a set of limited powers imposed by its design and enumerated in the United States Constitution.
In the United States, education is a state, not federal, responsibility, and the laws and standards vary considerably.
Under United States law, states are considered sovereign entities, meaning that the power of the states is considered to come directly from the people within the states rather than from the federal government.
http://en.wikipedia.org/wiki/United_States   (7960 words)

  
 states' rights - Hutchinson encyclopedia article about states' rights
The practice of slavery was claimed to be among a state's rights, as was the right to secede from the Union.
Interpretation of the US Constitution that emphasizes the powers retained by individual states and minimizes those given to the federal government, as stated in the Tenth Amendment.
The language of this statement declares the implied powers of state governments.
http://encyclopedia.farlex.com/states%27%20rights   (375 words)

  
 States Rights, One of the Causes of the Civil War
To enforce conscription, Congress authorized the president to suspend the privilege of the writ of habeas corpus.
When dealing with the subject, the Federal government must act merely as a trustee for the states and must give effect to their laws, particularly the laws respecting slavery State rights was no longer just a defense of local self-determination; it had become a means of imposing a states laws on people outside the state.
For example, they could not (just as the states of the Union could not) pass any law "impairing the obligation of contracts." They could not get rid of slavery, for the citizens of each state were to "have the right of transit and sojourn in any State.
http://www.civilwarhome.com/statesrights.htm   (3802 words)

  
 CNN.com - Assessing claims that federalism and states are anti-civil rights - Jan. 6, 2003
States have been the object of lobbyists from both sides of the aisle on civil rights for decades and given the Supreme Court's federalism cases, they will continue to be.
Equating the states with civil rights violations is anachronistic
Indeed, it is a rare civil rights claim that is not brought under both federal and state constitutional and statutory law.
http://www.cnn.com/2003/LAW/01/06/findlaw.analysis.hamilton.findlaw   (1737 words)

  
 Encyclopedia: States-Rights
doctrine of the contention of the Democrats in the United States that the several States of the Union have all the rights, powers, and privileges not expressly made over to the central government, and by extremists even the right of secession.
http://encyclopedia.oyxter.com/encyclopedia/2001/12/statesrights.html   (52 words)

  
 States' Rights Revisited
Northern states found the fugitive slave law of 1850 harder to nullify, since it cut state courts out of the process.
According to Calhoun, state conventions, the same bodies that had ratified the Constitution, could nullify federal legislation that they considered to be in violation of that document.
"States' rights" merely stands for the propositions that (1) the Constitution should be interpreted strictly with regard to the narrow set of enumerated powers granted the federal government; and (2) that the states can nullify or obstruct federal actions that violate the Constitution.
http://www.libertyhaven.com/theoreticalorphilosophicalissues/economichistory/statesrights.shtml   (2428 words)

  
 Reserved Powers by Jacob G. Hornberger
Thus, before the enactment of the Fourteenth Amendment, when a state abridged a person’s rights, the person was limited to filing suit in state court seeking a declaration that the state’s action violated the state constitution.
Because the concepts of fundamental rights and procedural protections were so ingrained in the hearts and minds of the citizenry, evidenced by the fact that the states had bills of rights in their own constitutions.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
http://www.lewrockwell.com/hornberger/hornberger58.html   (1899 words)

  
 States' Rights Review
After all, not every state has the death penalty, so there is obviously still some consideration given to the concept of states' rights.
Therefore, the state of New Hampshire shall not participate in a national identification card system; nor shall the department of safety amend the procedures for applying for a driver's license under RSA 263 or an identification card under RSA 260:21.
Now, the Supreme Court of the United States wants to stand in the way of justice simply because the drugs used to carry out an execution may not provide the condemned murderer with the comfort he expects when paying the price for his brutal crime.
http://statesrightsreview.blogspot.com   (2755 words)

  
 Libertarians and States Rights by Marcus Epstein
Libertarians support States Rights because they restrict the power of the federal government, not because they wish to empower state governments.
The point is that the Constitution, properly interpreted, gives states primary jurisdiction over the federal government’s in most areas, and that they possess many legal rights, such as secession and nullification.
The 10th Amendment added that "powers not delegated to the United States Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
http://www.lewrockwell.com/orig/epstein8.html   (995 words)

  
 Bush, Hill allies seen eroding states' rights - The Washington Times: Nation/Politics
States seeking money for new prisons under a big crime bill were required to show that criminals were serving 85 percent of their sentences.
Republicans in Congress this year again will push bills to move class-action lawsuits from state courts to federal courts, where damage awards to plaintiffs are less generous, and put federal ceilings on what state juries can award in medical-malpractice cases.
I believe the federal government often usurps a lot of states' rights," Rep. Tom Tancredo, Colorado Republican, said last year in explaining why his proposal to limit federal highway money to states that provide illegal aliens with drivers' licenses is a federal rather than a state issue.
http://www.washtimes.com/national/20040103-115000-3527r.htm   (907 words)

  
 AlterNet: States Rights vs. Federal Tyranny
In a reversal of history, a federal court in December embraced the concept of states' rights to assert the right of a state majority to defend its minorities from federal tyranny.
For many of us, the phrase "states' rights" has been viewed as code for the right of a state's majority to tyrannize its minorities.
To which Taylor Carey, special assistant state attorney general in California responded that the Bill of Rights trumps state law.
http://www.alternet.org/story.html?StoryID=17647   (842 words)

  
 The Constitution of the United States of America
United States,\12\ where, by a vote of six-to-two, the Court upheld the right of the United States to tax the sale of mineral waters taken from property owned by a State.
Kentucky Distilleries Co.,\31\ a unanimous Court, speaking by Justice Brandeis, upheld ``War Prohibition,'' saying: ``That the United States lacks the police power, and that this was reserved to the States by the Tenth Amendment, is true.
United States, 348 U.S. Federal Regulations Affecting State Activities and Instrumentalities.--Since the mid-1970s, the Court has been closely divided over whether the Tenth Amendment or related constitutional doctrine constrains congressional authority to subject state activities and instrumentalities to generally applicable requirements enacted pursuant to the commerce power.\45\ Under Garcia v.
http://www.gpoaccess.gov/constitution/html/amdt10.html   (1968 words)

  
 New blue federalists. By Richard Thompson Ford
Many states have civil rights guarantees that are stronger than those under federal law, especially with respect to sexual orientation discrimination, which federal law does not prohibit.
Even a modicum of respect for the prerogatives of the states should stay Congress' hand: Tort liability has always been a matter of state law, and the effects of supposedly excessive awards in one state should have few consequences for the quality or cost of medical care in other states.
Justices who claimed principled support of federalism when liberal laws were challenged will and should be hard-pressed to abandon their devotion to states' rights when conservative policies are at issue.
http://www.slate.com/id/2111942   (1731 words)

  
 States' Rights
The Magna Carta, the English bill of rights, Virginia's 1776 Declaration of Rights, and the colonial struggle against tyranny provided inspiration and direction for the Bill of Rights.
The legal basis for the Southern call for nullification of the tariff laws was firmly rooted in states'-rights principles.
Southerners viewed the Constitution as a contractual agreement that was invalidated because its conditions had been breached.
http://civilwar.bluegrass.net/secessioncrisis/statesrights.html   (284 words)

  
 States' Liberty Party - States' Rights & Religious Principles
State law and school boards, under guidance by the citizens, will become the controlling authority, and federal courts will no longer have an authority to unconstitutionally regulate religion.
From these two clauses the 1947 court created a new law prohibiting the States from establishing a religion, and from this is derived the exclusive school ban on prayer, the Ten Commandments and other restrictions on religion.
The States' Liberty Party and Liberty Party of California are not affiliated with any other party, organization or government.
http://www.liberty-ca.org   (1552 words)

  
 States' Rights
It appears that states' rights apply when the federal government imposes regulations on corporations, or upholds the separation of church and state.
But the Justice Department's civil rights division has weighed in, accusing Maui County of religious discrimination and threatening a lawsuit of its own that would be the first brought by the government under a 2000 law that was intended in part to give churches a leg up in many zoning battles.
Last term, Rehnquist was one of three justices who voted, on grounds of states' rights, to let California uphold its legalization of homegrown "medical marijuana" -- notwithstanding a federal ban.
http://www.theocracywatch.org/states_rights2.htm   (1454 words)

  
 Human Rights Watch: United States: : Human Rights in the U.S.
The 1949 Geneva Conventions afford persons held in military custody individual primary rights that are enforceable under the Supremacy Clause and by means of a writ of habeas corpus.
Supreme Court of the United States, January 6, 2006
New Jersey’s governor tomorrow is scheduled to sign into law a temporary moratorium on the death penalty in the state.
http://www.hrw.org/us/usdom.php   (1264 words)

  
 The Nader Page In the Public Interest
Federal legislation on everything from civil rights to gun control to environmental and health safeguards-and a host of other consumer protections-have faced vigorous opposition centered around the argument that such issues were the province of the states, not the federal government.
Legislatures and state attorneys generals in other states are eyeing the chances for the adoption of safeguards to protect consumers-particularly low and moderate income citizens-from the lending predators.
Weary of watching the Congress consistently sell out to business interests, consumers have been going to their state legislatures and state attorneys general in an effort to enact and enforce state and local laws that will fill the gap and provide citizens basic protections in the marketplace.
http://www.nader.org/interest/030703.html   (813 words)

  
 The late, great States By Steve Chapman
The most conspicuous case is the Federal Marriage Amendment, which would forbid any jurisdiction in the United States from granting same-sex couples access to marriage or civil unions.
(To be sure, states are customarily obligated to honor marriages transacted in other states, but most experts agree they are entitled to decline when an out-of-state marriage violates their clear public policy.) The people affected by these local issues are the ones whose votes ultimately determine the policy, which is just as it should be.
In supporting the amendment, conservatives have abandoned their old darling, the 1996 Defense of Marriage Act, which upheld federalist principles by guaranteeing each state the right to decide for itself what to do.
http://www.slate.com/Default.aspx?id=2104207&MSID=81850E767F314B96A779B0E7C633414F   (1298 words)

  
 The Poisoning of "States' Rights"
Unfortunately, in the United States “states’ rights” was hijacked by illiberals, who hitched it to slavery and then Jim Crow — that is, stated-mandated and state-enforced servitude, segregation, and degradation.
The Lott incident reopened the “states’ rights” issue — a sticky issue, as I intend to explain.
Libertarians are justified in despising those who, in the name of civil rights, would abolish private property and all its institutional safeguards.
http://www.fff.org/freedom/fd0303c.asp   (1336 words)

  
 Legal Affairs Debate Club - The End of States’ Rights?
Maybe you are right that it is "lawless" in some sense for the Rehnquist Court to honor the New Deal settlement.
As for the relationship between federalism and property rights, it seems to me tautologically true that the Fourteenth Amendment's incorporation of the 5th Amendment's "just compensation" clause limits states' power and, hence, conflicts with federalism.
And Rehnquist didn't simply resurrect "states' rights." More fundamentally, he resurrected the centerpiece of the Constitution, the doctrine of enumerated powers, which holds that the federal government has only those powers the Constitution authorizes.
http://legalaffairs.org/webexclusive/debateclub_fedrev0705.msp   (3770 words)

  
 If at first you don't secede Salon.com
Meanwhile, even as gay rights are preempted or rolled back on the national level -- and in some states -- Connecticut looks set to join Vermont in legalizing civil unions for same-sex couples.
Fuck the South, which lacerated the chauvinism of the "heartland" and pointed out that the coasts, far from destroying marriage, actually have lower divorce rates than the interior.
Liberals have long opposed the growth of state power, and for good reason.
http://dir.salon.com/story/news/feature/2004/11/16/states/index.html   (689 words)

  
 1948 Dixiecrat States Rights Platform
Except for the parts against integration and civil rights for all Americans the platform is supportive of individual and States rights against an large and oppressive national government.
We stand for social and economic justice, which, we believe can be guaranteed to all citizens only by a strict adherence to our Constitution and the avoidance of any invasion or destruction of the constitutional rights of the states and individuals.
We, therefore, urge that this Convention endorse the candidacies of J. Strom Thurmond and Fielding H. Wright for the President and Vice-president, respectively, of the United States of America.
http://members.cox.net/polincorr1/platform.htm   (556 words)

  
 United States Human Rights Network - Home
Underlying all human rights work in the United States is a commitment to challenge the pernicious belief that the United States is inherently superior to other countries of the world, and that neither the US government nor the US rights movements have anything to gain from the domestic application of human rights.
Such an avowedly internationalist and multi-lateralist stance has not been common to domestic rights advocacy in the United States since the Cold War.
The NYC Social Justice Fellowship Program encourages and supports individuals who are creating innovative public interest projects that address critical social issues.
http://www.ushrnetwork.org   (874 words)

  
 states' rights. The American Heritage® Dictionary of the English Language: Fourth Edition. 2000.
The political position advocating strict interpretation of the Constitution with regard to the limitation of federal powers and the extension of the autonomy of the individual state to the greatest possible degree.
All rights not delegated to the federal government by the Constitution nor denied by it to the states.
http://www.bartleby.com/61/72/S0717200.html   (114 words)

  
 Steven Hayward on Reagan & Race on National Review Online
To liberals, however, employing the phrase "states' rights" in any context is to waive the bloody shirt of racism and segregation.
But "states' rights" was a sound principle of federalism that was debased by Democratic party rule in the south, for which it is not Republicans who owe an apology.
I believe in state's rights and I believe in people doing as much as they can for themselves at the community level and at the private level.
http://www.nationalreview.com/comment/comment-hayward121902.asp   (499 words)

  
 The Smoking Gun: Archive
The national party nominated Strom Thurmond that year for president.
Here's the platform adopted in 1948 by the Oklahoma branch of the racist States Rights Democratic Party.
At the heart of the party plank was the assertion that, "We stand for the segregation of the races and the racial integrity of each race." This piece of racist history comes courtesy of the Carl Albert Congressional Research & Studies Center at the University of Oklahoma.
http://www.thesmokinggun.com/archive/dixiecrat1.html   (74 words)

  
 states\' rights - definition of states\' rights in Encyclopedia
states\' rights - definition of states\' rights in Encyclopedia
Embed a dictionary search in your own web page
Searchword not found in the selected dictionary, but you can try the following:
http://encyclopedia.laborlawtalk.com/states%27_rights   (50 words)

  
 Sweet Liberty With God, all things are possible
Listen to Sweet Liberty every Monday through Wednesday at 9:00 PM EDT on the First Amendment Radio Network.
Every State in the union refers to God in their Constitutions.
You will then discover that most of the land in your counties is now owned by 1) state or federal government, 2) land development companies, 3) land “trusts” or “land funds,” 4) environmental organizations, and 5) large corporations."
http://www.sweetliberty.org   (1596 words)

  
 Causes of the Civil War
Stevenson was right -- " wholly and eternally right." Truth, justice, and patriotism unite in proclaiming that both sides fought and suffered for liberty as bequeathed by the Fathers--the one for liberty in the union of the States, the other for liberty in the independence of the States.
Stevenson, of Illinois, then Vice-President of the United States, in his opening remarks as presiding officer at the dedication of the National Park at Chickamauga.
In vindication of her right to secede, she appealed to the essential doctrine, "the right to govern rests on the consent of the governed," and to the right of independent action as among those reserved by the States.
http://www.civilwarhome.com/gordoncauses.htm   (1360 words)

  
 Bush backs states' rights on marijuana
Bush as "courageous" and "consistent on states' rights.
President Clinton and most Republican lawmakers, by contrast, oppose all state medical marijuana legalization laws, saying they could lead to abuse.
But his position supporting state self-determination opens the door to medical marijuana use in some places.
http://www.mpp.org/news/dmn102099.html   (404 words)

  
 CNN.com - Bush tells governors that states' rights, education will be priorities - January 6, 2001
Bush tells governors that states' rights, education will be priorities
Along similar lines, Bush called for the federal government to grant more power to the states.
Former State Department official Robert Zoellick is also a possible choice for the trade post.
http://cnnstudentnews.cnn.com/2001/ALLPOLITICS/stories/01/06/bush.governors   (683 words)

  
 States Rights Records
You can win an iPod Nano that is loaded with all of your States Rights favorites (you can also win $250 in cash, a digital camera, and so much more).
It's Lucky Dragons news all the time here at States Rights.
We here at States Rights Records are incredibly excited about something that is just about to start.
http://www.statesrightsrecords.com   (1481 words)

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