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The U.S. Constitution
States Rights v.
Federal Power
The British colonies that made up the original 13
states were founded individually and separately.
Their main legal connection was their common
relationship with Great Britain. Once that tie to
Britain was broken, theoretically there was no
legally binding reason that they could not each go
on as autonomous independent states.
There were, however, many practical
reasons why it made sense to form
some sort of alliance or confederation
to address common problems:
• Trade
• Relations with Native Americans
• Security from attacks by France, Spain or other
foreign rivals
• Common grievances against British policies
Early attempts at uniting the
colonies:
• 1685-1689 – Dominion of New England; united New England,
New York and New Jersey colonies; sought to impose more
British control. Overthrown by colonists during Glorious
Revolution.
• 1754 – Albany Plan of Union – Attempt to unify colonies
during the French and Indian War. Rejected by colonies.
• 1774 – First Continental Congress – rebel government/alliance
of the 13 colonies to respond to grievances against England and
oversee Revolutionary War once fighting started in 1775.
Early attempts at uniting the colonies:
• 1685-1689 – Dominion of New England; united New England, New York and New Jersey
colonies; sought to impose more British control. Overthrown by colonists during Glorious
Revolution.
• 1754 – Albany Plan of Union – Attempt to unify colonies during the French and Indian War.
Rejected by colonies.
• 1774 – First Continental Congress – rebel government/alliance of the 13 colonies to respond to
grievances against England and oversee Revolutionary War once fighting started in 1775.
The first two plans for union were rejected by colonies;
The Continental Congress was plagued with divisions, slow
and ineffective, and financially dependent on the states….
The Articles of Confederation
1777 – 2nd Continental Congress passes Articles of
Confederation, the first successful union of American
states.
There were limitations:
• Congress could not directly tax citizens.
• Congress could ask states to raise taxes, but they
often refused.
• Amendments had to be approved by all states.
• States retained broad powers.
U.S. Constitution
• 1787 – Constitution proposed to strengthen
federal union, dividing powers between states
and federal government.
• 1789 – Constitution ratified after much
controversy.
• Unresolved questions remained…..
Issues with States Rights and Federal
Power
• Constitution unclear as to who had final say on
conflicts between states and Feds over
separation of powers.
• Role of the courts in determining these issues
unclear in early days of the nation.
• Some examples follow:
Issues with States Rights and Federal
Power
1798 – Congress passes Sedition Act, making
criticism of the government illegal.
Jefferson and Madison argue in Virginia and Kentucky
Resolutions that states can, and should, nullify federal
laws, like the Sedition Act that they deem
unconstitutional.
Issue never resolved, as Jefferson was elected President
and repealed Sedition Act.
Issues with States Rights and Federal
Power
• 1814 – War of 1812 causes financial hardship
to New England states, which had opposed
entry into the war.
• Hartford Convention meets to consider action. They
discuss possible secession from union and separate
peace with Britain.
• War ends before action is taken. Question of legality
of secession remained unanswered.
Issues with States Rights and Federal
Power
• 1832 – Nullification Controversy
• South Carolina opposes new federal tariffs which
economically damage So. Carolina. Legislature declares the
tariff null and void in S.C. President Jackson threatens
military action. S.C. threatens armed resistance. Southerners
talking secession.
• Congress passes compromise tariff with lower rates. S.C. and
Jackson calm down. Issue of state power to nullify federal
law still unresolved.
Issues with States Rights and Federal
Power
• 1861 – Secession of South Carolina
• Election of Abraham Lincoln, who opposed slavery,
with virtually no support in the South, compels South
Carolina’s government to declare independence from
the U.S.
• A standoff results between Washington and S.C. is broken
when S.C. takes military action against a federal fort in
Charleston harbor. Lincoln’s response will determine whether
the federal govt. will permit secession.
Issues with States Rights and Federal
Power
• 1861-1865 – Civil War
• Legal questions never resolved in the Constitution
will now be decided by force of arms:
• Can a state legally choose to leave the union?
• Can the federal government legally abolish slavery within a
state?
• Which has precedence, the private property rights of the slaveowner or the human rights proclaimed in the Bill of Rights and
the Declaration of Independence?
Issues with States Rights and Federal
Power
• 1861-1865 – Civil War
• The southern Confederacy lost the war; this determined that:
- states can’t secede from the union,
- the federal government can free slaves in individual states
and permit them to exercise their rights.
The fact that these issues were decided in war and not in
court left the issue of states rights still unresolved in the
minds of many people.
Issues with States Rights and Federal
Power
• 1877 – Compromise of 1877
• Due to political deal over contested presidential
election, states reassume the right to discriminate
based on race and federal government backs off on
enforcing laws protecting rights of African
Americans. Interpreted by many as victory for states
rights position.
Issues with States Rights and Federal
Power
• 1896 – Plessy v. Ferguson Decision
• U.S. Supreme Court sanctions racial segregation with
“separate but equal” doctrine.
• Actions of white supremacy groups considered state issues. If
states choose not to prosecute or convict rights violations, so
be it.
• Carry over to voting rights; states not prevented from setting
up discriminatory local voting requirements
Issues with States Rights and Federal
Power
• 1954 – Brown v. Topeka Bd. Of Education
• U.S. Supreme Court rejects “separate but
equal” as inherently unequal, encouraging
federal action to address civil rights violation
within states.
Issues with States Rights and Federal
Power
• 1957 – President Eisenhower sends federal troops to
enforce federal court order to de-segregate Central
H.S. in Little Rock, Arkansas, after state and local
government refuses to comply.
• States rights argument once again raised to defend racial segregation on the
grounds that the majority in the state supported it. Federal policy
prevailed, but there was much resistance in Little Rock and other areas over
the next several years.
Issues with States Rights and Federal
Power
• 1962 – Federal govt. intervenes in state college
integration cases in Alabama and Mississippi
• Feds ruled that public institutions supported by taxes must be
available to all citizens regardless of race.
Issues with States Rights and Federal
Power
• 1964 – Civil Rights Act
• Violation of individual civil rights defined as a
federal offense, providing better enforcement of 14th
and 15th amendments.
• Past cases where states chose not to prosecute civil rights crimes or
acquitted clearly guilty defendants could now be retried in federal courts as
violations of the Civil Rights Act of 1964.
Issues with States Rights and Federal
Power
• 1965 – Voting Rights Act
• Provided for enforcement of federal voting rights
within states, including banning discriminatory
restrictions on voting, such as poll taxes and literacy
tests, which also were declared unconstitutional in
Supreme Court decisions.
Issues with States Rights and Federal
Power
Conclusions:
• The effect of the Federal Government’s actions
since the last half of the 20th century have
generally established the dominance of federal
law in the area of individual civil rights,
though there is still some resistance to this and
also some criticism of the federal government
for violating civil rights.
Issues with States Rights and Federal
Power
Conclusions:
• There remains a strong separation of powers between
state and federal government jurisdictions in areas
where state and federal laws do not directly overlap.
• The issue of the legality of secession is currently a
moot point.
• The principle that federal laws take preference over
conflicting state laws has become generally accepted.