states' rights, in U.S. history, doctrine based on the Tenth Amendment to the Constitution, which 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." The term embraces both the doctrine of absolute state sovereignty that was espoused by John C. Calhoun Calhoun, John Caldwell (kăl'h
..... Click the link for more information. and that of the so-called strict constructionist interpretation of the U.S. Constitution, which reserves to the state governments all powers not specifically granted by that document to the federal government. A states' rights controversy is probably inherent in the federal structure of the United States government.

In the Early Days of the Union

Immediately after the adoption of the Constitution, controversy arose as to how to interpret the enumerated powers granted the federal government. Alexander Hamilton Hamilton, Alexander, 1755–1804, American statesman, b. Nevis, in the West Indies.

Early Career

He was the illegitimate son of James Hamilton (of a prominent Scottish family) and Rachel Faucett Lavien (daughter of a doctor-planter on Nevis and
..... Click the link for more information. and the Federalist party Federalist party, in U.S. history, the political faction that favored a strong federal government.

Origins and Members

In the later years of the Articles of Confederation there was much agitation for a stronger federal union, which was crowned with
..... Click the link for more information. favored a broad interpretation, which meant a strong central government deriving its authority from implied as well as express powers contained in the Constitution. Thomas Jefferson and his followers, "strict constructionists," insisted that all powers not specifically granted the federal government be reserved to the states. The Kentucky and Virginia Resolutions Kentucky and Virginia Resolutions, in U.S. history, resolutions passed in opposition to the Alien and Sedition Acts , which were enacted by the Federalists in 1798.
..... Click the link for more information. , written by Jefferson and James Madison, represent the first formulation of the doctrine of states' rights. The second important manifestation of states' rights occurred in New England among the Federalists in opposition, curiously enough, to Jefferson. His party, while in power, brought about (1803) the Louisiana Purchase, passed the Embargo Act of 1807 and other nonintercourse measures, and later declared war against Great Britain. All of these actions met with resistance in New England, and the War of 1812 finally led to the calling of the Hartford Convention Hartford Convention, Dec. 15, 1814–Jan. 4, 1815, meeting to consider the problems of New England in the War of 1812 ; held at Hartford, Conn. Prior to the war, New England Federalists (see Federalist party ) had opposed the Embargo Act of 1807 and other
..... Click the link for more information. of 1814–15, in which New Englanders officially expressed their hostility to the federal government.

The fight over the constitutionality of the Bank of the United States made the central states—Pennsylvania, Maryland, and Ohio in particular—the next defenders of states' rights. The points at issue here were settled in McCulloch v. Maryland McCulloch v. Maryland, case decided in 1819 by the U.S. Supreme Court, dealing specifically with the constitutionality of a Congress-chartered corporation, and more generally with the dispersion of power between state and federal governments.
..... Click the link for more information. by decision of the U.S. Supreme Court, dominated by John Marshall Marshall, John, 1755–1835, American jurist, 4th Chief Justice of the United States (1801–35), b. Virginia.

Early Life

The eldest of 15 children, John Marshall was born in a log cabin on the Virginia frontier (today in Fauquier co., Va.
..... Click the link for more information. , whose broad interpretation of the Constitution laid the foundations of strong central government. The doctrine was revived in the conflict between the federal government and Georgia as to which had jurisdiction over Native American tribes within Georgia's boundaries, and Georgia for a time defied the federal administration. Even more acute was the situation that developed in South Carolina in opposition to the tariff acts of 1828 and 1832, when, under the leadership of John C. Calhoun, South Carolina passed its ordinance of nullification nullification, in U.S. history, a doctrine expounded by the advocates of extreme states' rights . It held that states have the right to declare null and void any federal law that they deem unconstitutional.
..... Click the link for more information. . Calhoun's doctrine of absolute state sovereignty was the most extreme of states' rights theories.

A Justification for Secession

Although proslavery forces are usually identified with a strong states' rights position, the legislature of Wisconsin adopted (1859) resolutions defending state sovereignty after the Supreme Court overruled the Wisconsin courts and upheld the conviction of an abolitionist editor for violating the fugitive slave law. Ultimately the proslavery states used states' rights doctrines to justify their secession secession, in political science, formal withdrawal from an association by a group discontented with the actions or decisions of that association. The term is generally used to refer to withdrawal from a political entity; such withdrawal usually occurs when a
..... Click the link for more information. . 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.
..... Click the link for more information. , in which, fittingly, the doctrine of states' rights was upheld by such governors as Joseph E. Brown Brown, Joseph Emerson, 1821–94, U.S. public official, b. Pickens District, S.C. As governor of Georgia during the Civil War, Brown quarreled with Jefferson Davis over conscription and the suspension of the writ of habeas corpus despite their common secessionist
..... Click the link for more information. and Zebulon B. Vance Vance, Zebulon Baird, 1830–94, American political leader, Confederate governor of North Carolina (1862–65) in the Civil War, b. Buncombe co., N.C. A lawyer and a Whig, he served in the state legislature (1854) and in Congress (1858–61).
..... Click the link for more information. . This undoubtedly contributed to the Confederate defeat in the Civil War, just as the disposition of some of the Thirteen Colonies to act in complete independence of the Continental Congress had hampered the American Revolution.

In the Twentieth Century

Although the Union victory in the Civil War definitively ended the possibility of nullification and secession, the states' rights doctrine did not die. In the second half of the 20th cent. it was vigorously revived by Southern opponents of the federal civil-rights civil rights, rights that a nation's inhabitants enjoy by law. The term is broader than "political rights," which refer only to rights devolving from the franchise and are held usually only by a citizen, and unlike "natural rights," civil rights have a legal as well
..... Click the link for more information. program. In the presidential election of 1948, a Southern states' rights party (the Dixiecrats) was organized with J. Strom Thurmond Thurmond, Strom(James Strom Thurmond) (thûr`mənd), 1902–2003, U.S. senator from South Carolina (1954–2003), b.
..... Click the link for more information. of South Carolina as its candidate, and it carried four Southern states. The desegregation controversy of the 1950s, 60s, and 70s engendered many states' rights statements by Southern political leaders such as Gov. George C. Wallace Lurleen Burns Wallace, 1926–68, run successfully in his place. As a leading opponent of the civil-rights movement, Wallace campaigned for president in 1968 on a third-party ticket, capitalizing on racist and anti-Washington attitudes in both North and South to energize many.
..... Click the link for more information. of Alabama. In 1962, federal troops were used at the Univ. of Mississippi to enforce a federal court ruling that ordered the admission of a black student to the university. Although the doctrine of states' rights is usually associated with the Southern wing of the Democratic party, it is not exclusive to any particular section or political party. The vast increase in the powers of the federal government at the expense of the states, resulting from the incapacity of the states to deal with the complex problems of modern industrial civilization, has led to renewed interest in states' rights. In the 1980s and 90s, states' rights proponents, under the banner of "federalism" or "the New Federalism," attacked the great increase in federal government powers that had occurred since the New Deal New Deal, in U.S. history, term for the domestic reform program of the administration of Franklin Delano Roosevelt ; it was first used by Roosevelt in his speech accepting the Democratic party nomination for President in 1932.
..... Click the link for more information. . On taking power of both houses of Congress in the 1994 elections, conservative Republicans proclaimed the beginning of a process of "devolution," with much power reverting to the states; several years later, however, it was clear that reality had not met this prediction. State sovereignty has been affirmed and expanded, however, by recent, often narrowly decided, decisions of the Supreme Court.

Bibliography

See C. Warren, The Supreme Court and Sovereign States (1924); F. L. Owsley, State Rights in the Confederacy (1925, repr. 1961); A. T. Mason, The States Rights Debate (2d ed. 1972); R. E. Ellis, The Union at Risk: Jacksonian Democracy, States' Rights and the Nullification Crisis (1987); F. McDonald, States' Rights and the Union: Imperium in Imperio, 1776–1876 (2001).

states' rights

Rights or powers retained by the regional governments of a federal union under the provisions of a federal constitution. In the U.S., Switzerland, and Australia, the powers of the regional governments are those that remain after the powers of the central government have been enumerated in the constitution. The powers of both the state or regional and national levels of government are defined clearly by specific provisions of the constitutions of Canada and Germany. The concept of states' rights is closely related to that of the 18th-century European concept of state rights, which was invoked to legitimate the powers vested in sovereign national governments. In the U.S. before the mid-19th century, some Southern states claimed the right to annul an act of the federal government within their boundaries (see nullification), as well as the right to secede from the Union. The constitutional question was resolved against the South by the North's victory in the American Civil War. In the civil rights era, states' rights were invoked by opponents of federal efforts to enforce racial integration in public schools. The federal government can influence state policy even in areas that are constitutionally the purview of the states (e.g., education, local road construction) through withholding funds from states that fail to comply with its wishes. In the late 20th century the term came to be applied more broadly to a variety of efforts aimed at reducing the powers of national governments.