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States Rights Vs Federal Power

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States’ Rights The United States Constitution, dating back to 1787, outlines the principles for state and federal governments. Throughout history it has been debated how much power should belong to the state and federal governments. Over the course of history, there have been Federalists believing in a strong, federal, government centered around the Constitution and followers of Jeffersonian and Jacksonian Democracy advocating that the best government is one that does not govern at all and that all rights should reside to the individual states. Although times have changed and the American government has evolved, the issue of states’ rights versus federal power is still at debate. For example, same sex marriage has been a recent topic of debate. …show more content…

Article V, Amending the Constitution, allows changes to be made to the Constitution. To change an aspect of the Constitution, two thirds of the state’s need to ratify it. This provides a balance of power between state and federal governments. In addition, Amendment X gives rights to the states. According to Amendment X, any power that is not given to the federal government is given to the people or the states (http://kids.laws.com/tenth-amendment). It 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” (https://constitutioncenter.org/interactive constitution/amendments/amendment-xi). It helps define the concept of Federalism, consequently creating a relationship between the Federal and state governments. Furthermore, Amendment XI recognizes states’ rights in the United States. “The Eleventh Amendment’s text prohibits the federal courts from hearing certain lawsuits against states” (https://constitutioncenter.org/interactive-constitution/amendments/amendment-xi). State courts do not have to hear certain suits against the sates as long as those suits are based on federal law (https://constitutioncenter.org/interactive-constitution/amendments/amendment-xi). As a result, Amendment XI gives state’s power against the federal government. Although states’ rights are supported in the …show more content…

Hodges of 2015 ruled same-sex marriage to be legal in all fifty states of the United States of America. Prior to the case, same-sex marriage had been a state right. Nonetheless, it was ruled that it is a fundamental constitutional right guaranteed under Amendment XIV of the United States Constitution (http://www.forbes.com/sites/danielfisher/2015/06/26/supreme-court-rules-same-sex-marriage-is-a-constitutional-right/#4b62f8f031f5). “The ruling overrides bans in 13 states against gay marriage, enforcing the law of equal rights all across the United States” (http://heavy.com/news/2015/06/scotus-gay-marriage-ruling-legalized-legalization-14th-amendment-history-facts-lgbt-rights-nyc-new-york-pride-weekend/). The ruling of Obergefell v. Hodges makes gay marriage the law of the land in every state; it was a five to four decision in the court. The Supreme Court stated that the right to marry is fundamental; therefore, since it is a fundamental right it should be a federal law. Supreme Court Justice Anthony Kennedy wrote under the fourteenth Amendment’s protections, “couples of the same-sex marriage may not be deprived of that right and liberty” (http://www.npr.org/sections/thetwo-way/2015/06/26/417717613/supreme-court-rules-all-states-must-allow-same-sex-marriages). The fourteenth amendment, originally drafted in the 19th century, doesn’t directly address the topic of sexual orientation and the right to marry. However, the Supreme Court devised

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