States' rights

In American politics and constitutional law, states' rights are guaranteed by the Tenth Amendment to the United States Constitution, (i.e. the tenth article of the Bill of Rights). It is usually used to defend a state law that the Federal government seeks to override, or a perceived violation of the bounds of Federal authority. "States' Rights" is actually a misnomer; only the people, in American constitutional law, hold rights. Governments hold "powers" or "authority."

Related Topics:
American - Politics - Constitutional law - Tenth Amendment - United States Constitution - Bill of Rights

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The principle of federal powers over those powers held by the states was laid out by John Marshall, the third Chief Justice of the Supreme Court of the United States. In the seminal case of McCulloch v. Maryland, Marshall asserted, based on the supremacy clause of the United States Constitution, that the laws of the federal government were generally paramount over the laws of the separate state governments.

Related Topics:
John Marshall - Chief Justice - Supreme Court of the United States - McCulloch v. Maryland - Supremacy clause - United States Constitution

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