We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What are State's Rights?

By Dani Alexis R.
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

In the United States (US), state's rights are the political rights and powers the states have in regard to the federal government. State's rights are guaranteed in the Tenth Amendment to the US Constitution, which states that "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 also refers to the political argument that the constitution limits the powers of the federal government to those specifically listed in the constitution, and extends the powers of the states to cover all other areas.

The US Supreme Court first discussed the issue of state's rights in McCullough v. Maryland. This case came about when the federal government established a federal bank in Maryland, which was exempt from state taxes by law. Maryland attempted to enforce its state laws by taxing the bank. The Supreme Court ruled that federal laws generally override state laws; therefore, Maryland could not use its state laws to tax a bank that by federal law was tax-exempt. After this decision, legal arguments focused on the scope of state power, particularly whether states possess any powers to the exclusion of the federal government.

State's rights again came to the forefront during the US Civil War, in which several Southern states seceded from the US in 1861 and formed the Confederate States of America, in part due to conflicting views of state's rights. The Confederacy argued that each of its states possessed the right to pursue fleeing slaves into Northern states where slavery was outlawed in order to capture and return the slaves. Northern states argued that the Southern states' intrusion onto their territory in order to recapture fleeing slaves intruded on their state's rights to outlaw slavery within their boundaries.

In the years following the Civil War, the powers of states have gradually declined and the federal government has taken on an increasing role. The decline began with the passage of the Fourteenth Amendment, which applied procedural due process and most of the provisions of the Bill of Rights to the states. Specifically, the Seventeenth Amendment provided that individual voters, not states, would elect members to the US Senate, eliminating the states' direct role in forming the federal government. Expansion of laws surrounding the Commerce Clause gave the federal government the power to control most areas of national commerce, as well.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Link to Sources

Discussion Comments

By anon263213 — On Apr 23, 2012

Tell me state rights during the 1820-1860 years and compare it to today. --David G.

By comfyshoes — On Feb 02, 2011

Sunshine31- As a matter of fact there was a second ruling on the constitutionality of the case by Judge Roger Vinson, a federal judge out of Florida.

He ruled that the law was unconstitutional and violated the state’s rights.

He explained that congress exceeded its powers by trying to regulate interstate commerce. This has never happened in American history and there is a very good reason. It is unconstitutional.

By sunshine31 — On Feb 01, 2011

When I think of state’s rights I remember the violation placed upon them by the Obama’s health care bill.

Twenty six states have signed on in a federal lawsuit to fight this law on the grounds of its unconstitutionality.

The Obama health care bill forces Americans to buy health insurance whether they want to or not or face financial penalties as well as incarceration.

The states argue that health insurance is a commercial enterprise that is regulated by the states under the Commerce clause of the 10th amendment. It is this very fact that makes this federal law unconstitutional.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.