states' rights

Examples of states' rights in the following topics:

• Confederate Politics

  • Confederate politics were dominated by the tension between states' rights and the military needs of the Confederacy.
  • Davis clashed with powerful state governors who used states'-rights arguments to hamper mobilization plans.
  • Governors and state legislatures, fearing that Richmond would encroach on the rights of the states, withheld soldiers and funds from the war effort.
  • Vance of North Carolina, a powerful advocate of states' rights, frequently opposed Davis.
  • North Carolina was also the only state to observe the right of habeas corpus during the war.

• The Second Amendment

  • The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms.
  • A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

• Nationalizing the Bill of Rights

  • The Bill of Rights were included into state laws through selective incorporation, rather than through full incorporation or nationalization.
  • The incorporation of the Bill of Rights (also called the incorporation doctrine) is the process by which American courts have applied portions of the United States' Bill of Rights to the states.
  • According to the doctrine of incorporation, the Due Process Clause of the Fourteenth Amendment applies the Bill of Rights to the states.
  • Baltimore (1833) that the Bill of Rights applied only to the federal government, not to any state governments.
  • After the Fourteenth Amendment was passed, the Supreme Court debated how to incorporate the Bill of Rights into state legislation.

• Examples of Social Movements

• The 19th Amendment

  • The Nineteenth Amendment to the United States Constitution prohibits any United States citizen to be denied the right to vote based on sex.
  • The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.Congress shall have power to enforce this article by appropriate legislation.
  • The 19th Amendment recognized the right of American women to vote.

• The Constitutional Right to Petition the Government

  • In the United States, the right to petition is guaranteed by the First Amendment to the national Constitution.
  • In the United States the right to petition is guaranteed by the First Amendment to the federal constitution, which specifically prohibits Congress from abridging "the right of the people...to petition the Government for a redress of grievances. " Although often overlooked in favor of other more famous freedoms, and sometimes taken for granted, many other civil liberties are enforceable against the government only by exercising this basic right .
  • The right to petition is a fundamental in a Constitutional Republic, such as the United States, as a means of protecting public participation in government.
  • While the prohibition of abridgement of the right to petition originally referred only to the federal legislature and courts, the incorporation doctrine later expanded the protection of the right to its current scope, over all state and federal courts and legislatures and the executive branches of the state and federal governments.
  • The right to petition is protected by the First Amendment in the Bill of Rights.

• Incorporation Doctrine

  • The incorporation of the Bill of Rights is the process by which American courts have applied portions of the Bill of Rights to the states.
  • This clause has been used to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural rights .
  • Amendment VI, the right to a trial by a jury and the right to counsel, was incorporated against the states in the case Gideon v.
  • Amendment V, the right to due process, has been incorporated against the states.
  • Indicate how the Bill of Rights was incorporated by the the Federal government in the States

• Defining and Defending Property Rights

  • They are the right to:
  • State property: also known as public property, this type of property is owned by all, but its access and use is controlled by the state.
  • The rights are put in place to control, monitor, and exclude the use of the stated property.
  • National parks in the United States are state property.
  • Access and use of the park is controlled and enforced by the state.

• Privacy Rights and Sexuality

  • Rights to sexuality allow people in the United States to express sexual orientation without discrimination.
  • Family and anti-discrimination laws vary by state.
  • Hodges, the court said a fundamental right to marry is guaranteed by the Equal Protection Clause of the 14th Amendment, therefore the laws banning such marriages in 14 states were unconstitutional.
  • The right to sexuality does not exist explicitly in international human rights law; rather, it is found in a number of international human rights instruments including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.
  • Lesbian, gay, bisexual, and transgender rights in the United States have evolved over time and vary on a state-by-state basis.

• The Rights of the Accused

  • The rights of the accused include the right to a fair trial; due process; and the right to privacy.
  • The rights of the accused, include the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, the right of self-defense, and the right to vote.
  • Civil rights are considered to be natural rights.
  • United States criminal procedure derives from several sources of law: the baseline protections of the United States Constitution, federal and state statutes, federal and state rules of criminal procedure (such as the Federal Rules of Criminal Procedure), and state and federal case law either interpreting the foregoing or deriving from inherent judicial supervisory authority.
  • The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains provisions regarding criminal procedure.