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Transcript of States' Rights
and the Bill of Rights
Government changed from a confederation to a federation
States had to surrender some of their power to the new federal government
"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."
States' Rights Revived
States' Rights and the Civil War
What are States' Rights?
By now, most of you are aware that the Civil War was fought between Northern and Western states that stayed with the country on one side and Southern states that chose to leave the country on the other. You also know that slavery was a major cause of this war. But you may not know the phrase states' rights, and what that means. This is one of those issues that sounds simple, but the way it affected the nation was a little more complicated. Let's take a look at it more closely......
States vs. Feds, Round 1: The Nullification Crisis
This is known as the "reserved powers" clause and directly contradicts Article 1, Section 8 of the body of the Constitution, which states that Congress has the power to make any laws "necessary and proper" to fulfill their Constitutional duties. This allows Congress to stretch its power, which is why it's called the "elastic clause". The line dividing Congress' power to make new laws and the states' power to be in charge of anything not specifically listed in the Constitution has been debated ever since the Constitution went into effect.
Do states have the right to cancel national laws that affect them negatively?
Do states have the right to leave the country (secede) after signing the Constitution?
Would slavery be blocked from spreading to new territories?
Would territories becoming new states be slave or free? Who should decide?
A topic of heated
North vs. South