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Understanding States Rights and the 10th Amendment

Understanding States' Rights and the 10th Amendment In American government, states’ rights are the rights and powers reserved by the state governments rather than the national government according to the U.S. Constitution. From the Constitutional Convention in 1787 to the Civil War in 1861 to the civil rights movement of the 1960s, to today’s marijuana legalization movement, the question of the rights of the states to govern themselves has been the focus of the American political landscape for well over two centuries. Key Takeaways: States' Rights States’ rights refer to the political rights and powers granted to the states of the United States by the U.S. Constitution.Under the doctrine of states’ rights, the federal government is not allowed to interfere with the powers of the states reserved or implied to them by the 10th Amendment to the U.S. Constitution.In issues such as slavery, civil rights, gun control, and marijuana legalization, conflicts between states’ rights and the powers of the federal government have been a part of civic debate for over two centuries. The doctrine of states’ rights holds that the federal government is barred from interfering with certain rights â€Å"reserved† to the individual states by the 10th Amendment to the U.S. Constitution. The 10th Amendment The debate over states’ rights started with the writing of the Constitution and Bill of Rights. During the Constitutional Convention, the Federalists, led by John Adams, argued for a powerful federal government, while the Anti-federalists, led by Patrick Henry, opposed the Constitution unless it contained a set of amendments specifically listing and ensuring certain rights of the people and the states. Fearing that the states would fail to ratify the Constitution without it, the Federalists agreed to include the Bill of Rights. In establishing American government’s power-sharing system of federalism, the Bill of Rights 10th Amendment holds that all rights and powers not specifically reserved to Congress by Article I, Section 8, of the Constitution or to be shared concurrently by the federal and state governments are reserved by either the states or by the people. In order to prevent the states from claiming too much power, the Constitution’s Supremacy Clause (Article VI, Clause 2) holds that all laws enacted by the state governments must comply with the Constitution, and that whenever a law enacted by a state conflicts with a federal law, the federal law must be applied. The Alien and Sedition Acts The issue of states’ rights versus the Supremacy Clause was first tested in 1798 when the Federalist-controlled Congress enacted the Alien and Sedition Acts. Anti-federalists Thomas Jefferson and James Madison believed the Acts’ restrictions on freedom of speech and freedom of the press violated the Constitution. Together, they secretly wrote the Kentucky and Virginia Resolutions supporting states’ rights and calling on the state legislatures to nullify federal laws they considered unconstitutional. Madison, however, would later come to fear that such unchecked applications of states’ rights could weaken the union, and argued that in ratifying the Constitution, the states had yielded their sovereignty rights to the federal government. The Issue of States’ Rights in the Civil War While slavery and its abolition are the most visible, the question of states’ rights was the underlying cause of the Civil War. Despite the overarching reach of the Supremacy Clause, proponents of states’ rights like Thomas Jefferson continued to believe the states should have the right to nullify federal acts within their boundaries. In 1828 and again in 1832, Congress enacted protective trade tariffs, which while helping the industrial northern states, hurt the agricultural southern states. Outraged by what it called the â€Å"Tariff of Abominations,† the South Carolina legislature, on November 24, 1832, enacted an Ordinance of Nullification declaring the federal tariffs of 1828 and 1832 â€Å"null, void, and no law, nor binding upon this State, its officers or citizens.† On December 10, 1832, President Andrew Jackson responded by issuing a â€Å"Proclamation to the People of South Carolina,† demanding that the state observe the Supremacy Clause and threatening to send federal troops to enforce the tariffs. After Congress passed a compromise bill reducing the tariffs in the southern states, the South Carolina legislature rescinded its Ordinance of Nullification on March 15, 1832. While it made President Jackson a hero to nationalists, the so-called Nullification Crisis of 1832 reinforced the growing feeling among Southerners that they would continue to be vulnerable to the Northern majority as long as their states remained a part of the union. Over the next three decades, the main battle over states’ rights shifted from economics to slavery. Did the southern states, whose largely agricultural economy depended on slave labor, have the right to maintain the slave trade in defiance of federal laws abolishing it? By 1860, that question, along with the election of anti-slavery President Abraham Lincoln, drove 11 southern states to secede from the union. Though secession was not intended to create an independent nation, Lincoln viewed it as an act of treason conducted in violation of both the Supremacy Clause and federal law.   Civil Rights Movement From the day in 1866, when the U.S. Congress passed America’s first civil rights law, public and legal opinions have been divided on whether the federal government overrides states’ rights in attempting to ban racial discrimination nationwide. Indeed, key provisions of the Fourteenth Amendment dealing with racial equality were largely ignored in the South until the 1950s. During the Civil Rights Movement of the 1950s and 1960s, southern politicians who supported the continuation of racial segregation and enforcement of state-level â€Å"Jim Crow† laws denounced anti-discrimination laws like the Civil Rights Act of 1964 as federal interference with states’ rights. Even after passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, several southern states passed â€Å"Interposition Resolutions† contending that the states retained the right to nullify the federal laws. Current States Rights Issues As an inherent byproduct of federalism, questions of states’ rights will undoubtedly continue to be a part of American civic debate for years to come. Two highly visible examples of current states’ rights issues include marijuana legalization and gun control. Marijuana Legalization While at least 10 states have enacted laws allowing their residents to possess, grow, and sell marijuana for recreational and medical use, the possession, production, and sale of marijuana continues to be a violation of federal drug laws. Despite previously rolling back an Obama-era hands-off approach to prosecuting violations of federal marijuana laws in pot-legal states, former Attorney General Jeff Sessions clarified on March 8, 2018 that federal law enforcement officers would go after dealers and drug gangs, rather than casual users. Gun Control Both the federal and state governments have been enacting gun control laws for over 180 years. Due to an increase in incidents of gun violence and mass shootings, state gun control laws are now often more restrictive than federal laws. In these cases, gun rights advocates often argue that the states have actually exceeded their rights by ignoring both the Second Amendment and the Supremacy Clause of the Constitution. In the 2008 case of District of Columbia v. Heller, the U.S. Supreme Court ruled that a District of Columbia law completely banning its citizens from possessing handguns violated the Second Amendment. Two years later, the Supreme Court ruled that its Heller decision applied to all U.S. states and territories. Other current states’ rights issues include same-sex marriage, the death penalty, and assisted suicide. Sources and Further Reference Drake, Frederick D., and Lynn R. Nelson. 1999. States Rights and American Federalism: A Documentary History. Westport, Conn.: Greenwood Press. ISBN 978-0-313-30573-3.Mason, Alpheus Thomas. 1972. The States Rights Debate: Antifederalism and the Constitution. New York: Oxford Univ. Press. ISBN-13; 978-0195015539McDonald, Forrest. 2000. States Rights and the Union: Imperium in Imperio, 1776-1876. Lawrence: Univ. Press of Kansas.Interposition. Center for the Study of Federalism.

Discribe the impact of Darwin's evoluntionary theory on at least 4 Essay

Discribe the impact of Darwin's evoluntionary theory on at least 4 areas of American thought during the late 19th Century, inclu - Essay Example Through his 1859 book ‘The Origin of Species’, Charles Darwin instigated a change in the world views about the origin of humankind among other species, which challenged previously existing theories such as Creationism. With this new perspective, evolution began to affect the overall system of American thought. Some of the aspects of American thought include American philosophy, technology usage in the American society, religion, medicine, politics, environment, culture and globalization in the American context. This paper delves into the impact of Darwinism on some of these aspects of American thought in the nineteenth century. The paper also looks into the changes that took place with regard to each aspect and that saw some subjects gain more popularity and others decline. Keywords: Evolution, Changes, Philosophy, Darwinism, American Thought Introduction Evolution refers to the process of a string of natural modifications that a species of a population of organisms unde rgoes, which causes the species to develop, adjust to their surroundings, and eventually die out or become extinct (Smithsonian National Museum of Natural History, n.d.). All species including humans have developed through the process of biological evolution. Human evolution refers to the drawn-out progression of change which facilitated the development of people from apelike progenitors. Scientific evidence has revealed that the physical and developmental attributes shared by the entire human species originated from apelike predecessors and evolved over a period of time (Smithsonian National Museum of Natural History, n.d.). The theory of evolution has been subject to intensive scientific research over the last 150 years. There is numerous and convincing evidence that living organisms have undergone the process of evolution spanning over a period of millions of years. According to Andrews and Stringer the account of human evolution dates back to approximately 30 million years ago i n North Africa, when the now expansive Sahara desert was an expanse of lush rain forests and the region was inhabited by a species identified by historians as Aegyptopithecus (1989). This theory was developed by Charles Darwin and is detailed in his 1859 book ‘Origin of Species’. Following its development, the theory was adapted and accepted in many societies despite the fact that it faced acclamation and criticism in equal measure. In the American society as with many others in the world over, world views based on the origin of mankind as well as the development of world and human civilizations began to be shaped by the theory. In retrospect, Charles Darwin’s theory of evolution resulted in changes in many aspects of American thought in the nineteenth century. Multiple fields of science, research and education have been influenced by Darwinism. Some of these aspects are discussed below. Impact of Darwinism on Philosophy The realization of the theory of natural s election that is a component of Charles Darwin’s theory of evolution resulted in changes in American philosophy in the nineteenth century. Philosophy is applied and put into practice by humans in their development of world views and perspectives. Philosophy is developed within the human mind. The theory of natural selection to a great extent includes the development of humankind and the human brain; making them both results of natural selection. As a result therefore, Darwinism directly impacts on philosophy (Lemmens, 2006). The theory of

CULTURAL STUDIES & DIVERSITY Assignment Example | Topics and Well Written Essays - 750 words

CULTURAL STUDIES & DIVERSITY - Assignment Example On the other hand, increase in the birthrate also impacts the organizations in the United States. Increase in birth rates will lead to an increase in population growth. Rapid population growth is accompanied by a proportionate increase in the supply of the labor force. This implies that the rate of job creation should match the rate of labor supply in United States. However, the rate of labor supply has outstripped that of job creation. This shows that the quantity of individuals looking for employment opportunities increases more rapidly than the number of jobs being created. This kind of problem possesses menace to the organization and the employees since there arises conflicts. Change in marital and family arrangements also is a demographic change in the organizations. Change in marital status of people will be reflected by an organization by changing is target market for products. Organizations that keep with the trend in changes in marital status are at a competitive advantage b ecause they can segment their market accordingly. The more data about the change in conjugal status that business leaders have, the more important the information will be on account of it can yield extra experiences on the patterns in change in conjugal status. Diversification in the organization is always viewed as a risk but of late, organizations are getting diversified because of the advantage, it gives them. Diversification of organizations is that aspect of taking risk by investing in many businesses. One of the advantages that this strengthen an organization is in terms of leadership competence. Organization leaders who conduct many businesses for the organization learn new skills of leadership and management hence strengthening the organization. Elsewhere, diversification puts an organization at a competitive advantage. This is because diversification leads to the organization benefiting from its vast operations, unlike its competitors. Another advantage that an

Crusades Essay -- Religion, Power Struggles, Christian Church

Power struggles have always been occurrences that have had the ability to plague an entire nation. While evidence of this fact can be seen all throughout history, it is especially evident within medieval times. Specifically, power struggles developed between the Roman church and various groups such as non-believers, Muslims, kings, and even common people all throughout the High Middle Ages. As a result, Christian fighters, known as â€Å"crusades,† were asked to fight for their beliefs by the pope in order to take back land that non-believers lived on as well as eliminate anyone who challenged the authority of the church hierarchy. It was not hard to convince most people to become crusaders and many documents throughout history can show one exactly why this was. Due to the fact that Roman church figures were very good at convincing people of what God wanted, people were easily persuaded by their love for God, hate for infidels as well as heretics, and need to feel noble which convinced them to become crusaders. After the fall of the Roman Empire during the 5th century, the Christian church became very powerful. It owned vast regions of land and played an important role in the economy. The church became so powerful â€Å"that the western church announced its independence from secular rulers and it’s power over them, and it established authority over rulers and commoners alike (Wiesner 172).† People who were not faithful to the Christian church or simply did not believe its people should have that much power were very upset with this shift in authority. Immediately issues occurred as other groups and figures challenged the church for power. First off, it is easy to see that the largest component that drew people to be crusaders was their ... ...God and partly an honorable and brave act that men gained confidence, reward, and importance from joining. After reviewing documents of crusaders it is easy to see that most went to battle because they were easily persuaded to do anything for God, they felt a true hatred for the infidels and heretics, as well as the sense of importance and nobility the soldiers gained from going to battle. Crusades played a major role in the High Middle Ages and even though they were not terribly successful, they still are very famous historical figures. This act of God was to help deal with the internal and external conflict that the Roman Church was having in trying to remain in power. However, it also displays that people of this time were very susceptible to persuasion and even propaganda. This period of time truly emphasizes how far people will go in order to obtain power.

Study Guide History 17b

History 17B-13 Second Midterm Study Guide This exam (November 1) will be closed book and closed note. Please bring a small bluebook or greenbook, a Scantron form #882E, #2 pencils, and pens. You will need to use pencils for the Scantron form and pens for the blue/greenbook. If you must write in pencil in the blue/greenbook, make sure it is dark and sharp enough to be read clearly. I will not allow any electronic devises to be visible during the exam.If I see one out in the classroom, you will flunk the exam. I strongly prefer that no one leave the room while they are still taking the exam. If you must, you will need to ask permission. Once you have completed the exam, turn it in and you may leave. Part I (50 points) In this section of the exam you will be given twenty-five true/false and multiple-choice questions based on the lectures only. These will only cover lectures SINCE the first midterm. Each answer is worth two points. Part II (50 points)In this section of the exam you will be given two of the following questions on the day of the exam and asked to write on only one of them. Your essay should be well developed, with an introduction that contains a precise thesis statement, an essay body that proves that thesis, and a conclusion that summarizes your argument and points out its historical significance. I expect the essays to be based on the lecture material. 1. The home front period of World War I and the year following the war (1917-1919) was marked by wide-scale patriotism, mass unity, and relative peace and calm.Write an essay that explores if and why the historical evidence supports or refutes that statement. 2. Many Americans in the mid-1920s could not have imagined in the near future an end to the economic prosperity, Republican dominance of national politics, and cultural conflict. Describe why they would have thought that why (that is, what were the 1920s like for each of these issues), how these issues were already changing prior to the Great De pression, and how and why the Great Depression fundamentally changed them. . After briefly describing how and why the Great Depression affected the United States, discuss how both Presidents Hoover and Roosevelt dealt with the Depression. Which approach proved more popular and effective and why. 4. Write an essay that addresses what the New Deal sought to accomplish. You will want to discuss what it broadly sought to do, and particularly how it addressed issues such as housing, workers, the elderly, and electrification. What is its legacy? . Why did the United States become involved in World War II? You will want to discuss both the issues drawing the United States into the European conflict and how it became involved with Japan in the Pacific. How did both the European and Pacific wars come to an end? Reading Quiz Attached to the exam will be a reading quiz, covering Beals through page 154. There will be twelve, multiple-choice and true/false questions. Answer them on the back of t he Scantron form.

Similarities And Differences Between Islam And Christianity

Name: Professor: Course: Date: Similarities and Differences in Islam and Christianity With Respect To Beliefs in Afterlife and Nature of God Introduction Christianity and Islam are some of the largest religions in the world today. Relative to the massive followers there are quite some intriguing differences and similarities that can be found between the two, from their beliefs, their origin, practices and doctrines (Redditt). The Christians belief in the holy trinity, which comprises of The Father, The Son and The Holy Spirit, while the Islam believe in Allah as their God and Mohamed as the true Prophet. While there are quite a number of differences between the two religions, there are also similarities to match. One of the major similarities is the fact that the two are Abrahamic religions, meaning that they both believe that there is only one God. This paper delves into the aspect of the afterlife and that of deities between the two religions, by trying to establish the main differences and similarities. Thesis statement: while Christianity and Islam are different religions, they have subtle similarities, inlight of afterlife beliefs and nature of their Gods. The afterlife beliefs in Christianity Christianity has two main factions, which are the Catholics and the Protestants. Within the Protestants group, there are quite a number of denominations. The different groups have some slight differences especially on issues regarding what one needs to do to get to theShow MoreRelatedSimilarities And Differences Between Christianity And Islam744 Words   |  3 PagesOne of the main differences between Christianity and Islam is the relationship with both religions and Jesus Christ. The teachings of each religion follow the ideology of said religion. The way the Qur’an and the Bible address the topic of Jesus Christ is complex as there are many similarities, yet there is a significant difference that causes conflict between the two religions. The question of was Jesus Christ the son of God is what often causes conflict between the religions. Some say that theRead MoreThe Differences and Similarities Between Christianity and Islam657 Words   |  3 PagesThe Differences and Sim ilarities Between Christianity and Islam Have you ever wondered about the differences and similarities between Christianity and Islam? Both Christianity and Islam are monotheistic, meaning they both believe in one God. In both religions God is the creator of everything and is loving and forgiving. He also has a special relationship with humans, and has made covenants with them. However, there is one major difference between the beliefs of Christians and Muslims regardingRead MoreWhat are the similarities and differences between Christianity, Islam, and Judaism?656 Words   |  3 PagesEver thought to yourself, â€Å"Why do people practice the Judaism, Christianity, and Islamic faith?† or, â€Å"What are the similarities and differences between Christianity, Islam, and Judaism?† Well Christianity, Islam and Judaism are all similar religions in some ways but are also very different from each other in other ways as well. Some things that are similar and different are the holy books, the symbol of faith, and the house of worship. All three religions have a holy book. But the holy books areRead MoreSimilarties and Differences of Islam and Christianity Essay1248 Words   |  5 Pagesmillions around the world. Two of these religions are Islam and Christianity, both of which are similar, yet, incredibly different. Christianity, which had come long before Islam, is known to be the root of Islam which makes sense since the two religions share much in common. They are both Abrahamic and monotheistic religions which means they share the belief in only one true existing God and are rooted to have many similarities. Their differences, however, are what make them two distinctive religionsRead MoreComparing Islam And Baha I And Islam1264 Words   |  6 PagesWhether it be the various branches of Christianity, the Chinese religions, or even Judaism and Islam, they have so much in common when you work down to the roots of the religions. For starters, I will be comparing Islam and Baha’i. Part of the reason that Baha’i and Islam are so similar is because Baha’i gets its start from some of the base beliefs of Islam. Some of the similarities between the two are the fact that both have obligatory prayers. With Islam, a believer would pray five times a dayRead MoreSimilarities And Differences Between Islam And Islam940 Words   |  4 PagesSimilarities and Differences among the Religious Beliefs of Judaism, Christianity, and Islam Christianity, Islam, and Judaism are referred to as the three Abrahamic religions, this means that in addition to being monotheistic religions that worship the same God, these three religions feature Abraham in a foundational role (Gilman 15). Today’s government structures, traditions and laws of social behavior find their origin in the development of these three main beliefs. Although there has been theRead MoreChristianity, Hinduism, And Islam1054 Words   |  5 PagesEvery religion has its own goal, and their own believes, however there are also many similarities in their believes. Although the followers of Judaism, Christianity, and Islam may see things differently, they basically hold the same values and codes. To Islam, the Prophet Mohammad’s teaching is a â€Å"complete and final revelation†. On the other hand, according to the bible, Christianity believes that Jesus Christ is the true lord and savior will grant you the access to heaven in the afterlife. JudaismRead MoreIslam s Views On Islam Essay1144 Words   |  5 Pages Islam is one of the largest religions in the world, with over 1 billion followers. It is a faith based on revelations received by the Prophet Muhammad in Saudi-Arabia 17th century. The Arabic word Islam which means â€Å"submission,† reflecting the faith s central tenet of submitting to the will of God (Islam). Muslims are the followers of Islam. Christianity’s is one of the most influential religions in history. It’s based on the teachings of Jesus Christ 2,000 years ago. Based on the life andRead MoreJudaism, Christianity, And Islam1052 Words   |  5 PagesAubrey Fletcher 3/9/15 Humanities Professor Michaud 417868 Judaism, Christianity, and Islam There are roughly 4,200 different religions in the world today, among them the largest are Judaism, Christianity, and Islam. These three religions are more similar then one would think. Christianity is the largest religion in the world with 2 billion followers and are called Christians. Islam is the second largest religion in the world with 1.3 billion followers. They are called Muslims, which means â€Å"oneRead MoreDifferences Between Islam And Christianity944 Words   |  4 Pages# 01 Religion 101 Islam and Christianity are wide spread religions in the world. Contrast based on five pillars of Islam and Christianity rituals. In this paper I will explain their differences and similarities based on Prothero and Paden, using paradigms â€Å"rituals†. The concept of rituals are more important in understanding religion. Prothero admits that Christianity is the great religion in the world this is not mean that Islam is not popular religion in fact he compare Islam with fast growing religion