What Do Many Americans Get Wrong About States’ Rights?

2015-07-20T14:54:25-04:00

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When it came to slavery, the Union, not the Confederacy, was the true guardian of states' rights in the antebellum era.

This weekend’s Ku Klux Klan rally outside the South Carolina capitol building highlights the poignancy and divisiveness inherent in flying the Confederate battle flag, a symbol often associated with racial intolerance. Predictably, Confederate apologists have trotted out the “states’ rights” explanation for the Civil War as the race-neutral reason for the South’s rebellion—thus the flag represents something other than racism. Indeed, a recent Pew Research Center poll found that, 150 years after the Civil War, 48 percent of Americans (a plurality) still assert it was mainly about states’ rights.

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What Many Americans Get Wrong About States' Rights

When it came to slavery, the Union, not the Confederacy, was the true guardian of states' rights in the antebellum era.

Response by SSG James Arlington made Jul 20 at 2015 3:53 PM

2015-07-20T15:53:33-04:00

Laws, and our Constitution, are written ambiguously. Case in point, although the 10 Amendment outlines all other powers not delineated, the Fifth and the Fourteenth amendments outline prohibitions upon States. So although something is not explicitly delineated, that does not mean individual states can take it upon themselves to deny people their inalienable rights.

Response by MAJ Private RallyPoint Member made Jul 20 at 2015 3:55 PM

2015-07-20T15:55:33-04:00

Most misunderstood aspect of states rights I see is when it comes to the 14th amendment. You cannot pass laws that discriminate against or treat a certain group differently. That is NOT a state's right.

Response by MSgt Robert Pellam made Jul 20 at 2015 3:57 PM

2015-07-20T15:57:45-04:00

SGT Private RallyPoint Member I have my eye on you. You have brought up some controversial subjects and I have to admit it gets people talking.

The whole history of the time before the Civil War is so convoluted. After the War you had both sides trying to spin History to make it sound better for them than it was. I have read books, attended lectures and done research and have made my own conclusions. It is the only way anymore to get a good opinion is to look into it for themselves.

Don't believe the social media, don't believe the "official History" articles. Just go look for yourself. Although I did like this article. While biased ( was it you SGT Bodine who told me all History is biased?) it does present some information in a different light. Not sure about the whole "forced Henry Clay" part thought. Henry Clay relished his position as a great moderator, and liked the power it gave him. But that is just my opinion :).

Response by SPC George Rudenko made Jul 20 at 2015 4:37 PM

2015-07-20T16:37:15-04:00

One aspect people get wrong as far as law is concerned, including constitutional law, are the case law decisions that define a law or constitutional amendment throughout time. As stated earlier people don't do their research. But many of these people don't know what to research.

Response by Sgt Aaron Kennedy, MS made Jul 20 at 2015 5:47 PM

2015-07-20T17:47:10-04:00

The idea of States' Rights is a misnomer. It's States' Powers. Government does not have Rights. It has Power, as granted by the People. The Constitution grants Power to the Federal Government. The 10th Amendment explicitly says that Power not granted to the Federal Government is reserved to the States and the People.

States are representatives of the People. People have Rights. Government has Power.

Now... Once we get past that, we must understand that no Amendment or Clause of the Constitution exists in a vacuum. Rights can be infringed with Due Process. States' POWERS can be manipulated with the Commerce Clause or Article 4, or the 14a. Our Constitution was built on Checks & Balances. there are no "absolute Powers" anywhere, that cannot be manipulated by somewhere else.

If the States don't like what the Federal Government is doing, call a Constitutional Convention.