View Single Post
) [ ]
06-21-2012, 07:06 PM
Great White North
Join Date: Sep 2006
~Made by request of Ágnes and Rhian~
I'm not particularly sure how to get it rolling, so I guess I'll begin with a definition.
States' rights in U.S. politics refers to political powers reserved for the U.S. state governments rather than the federal government.
Generally, in the American experience any power that is not explicitly granted to the federal government in the constitution devolves to the states. As such, the United States exists in a state of flux, where some
are legal in some parts of the country and illegal in others, but also where
are divided in legality, such as gay marriage.
Now, the argument can be made that the restriction on the ability of the central government to dictate to the states prevents a tyranny wherein a faction of one part of the country may be able to enforce on other parts of the country views and laws counter-current to the desires of the local populace.
The argument can also be made, however, that by censuring the authority of the central government, abuses and atrocities can be condoned. In the decades leading up to the Civil War, for instance, the legality of slavery depended on the decision of the state, not the federal government. Or it can simply be argued that it allows the states to block or delay important federal decisions.
Therefore, what is your opinion on the current state of affairs in regards to State's Rights in The Union?
Express powers: Powers that the Constitution explicitly grants the federal government. These include the powers to:
Regulate interstate commerce
Coin money, regulate currency, set standards of weights and measures
Raise and maintain an army and navy
Implied powers: Based on the elastic clause (Art. I, § 8, cl. 5), powers considered “necessary and proper” for carrying out the enumerated (or express) powers
For example, in 1791, Federalists in Congress argued that the creation of a national bank was “necessary and proper” for Congress to execute its enumerated powers to coin and borrow money and regulate currency. McCulloch v. Maryland (1819) confirmed Congress’s right to found this national bank.
Denied powers: Powers that the Constitution explicitly denies to the federal government. These include:
The writ of habeas corpus cannot be suspended unless in cases of rebellion or invasion, when deemed necessary to national safety.
No bill of attainder or ex post facto law can be passed.
“Supreme law of the land”: the Constitution and federal laws take precedence over state laws (Art. 6)
Powers reserved for the states: “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” (Tenth Amendment in the Bill of Rights)
Overlapping powers: Powers allotted to both state governments and the federal government. These include:
The power to levy taxes
The power to borrow money
The power to charter corporations
Full faith and credit clause: Each state must honor other states’ public acts and records (Art. 4, § 1).
A citizen of one state is a citizen of every state and is entitled to all the privileges and immunities of those states (Art. 4, § 2, cl. 1).
Anyone who is charged with a crime in one state and escapes to another state must be returned to the state where the crime was committed (Art. 4, § 2, cl. 2).
Congress may admit new states to the Union, but no new states can be created within the boundaries of existing states without the approval of Congress and the state legislatures concerned (Art. 4, § 3).
2 people liked this post:
Great White North
View Public Profile
Find all posts by Great White North