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.

Cost of College Controversy Essay - 1025 Words

One of the major pieces to becoming a successful business man/woman is receiving a college education. A college degree is viewed as a necessity and is slowly becoming an unreachable goal for some people. Most believe that the cost of college has been rising and continues to rise, and that the rate of increase is outpacing that of other costs (NAICU). As the cost of college rises, families have to change their way of life to be fortunate enough to send their children to college. Along with changing how families’ live, many other problems are produced in various ways. The cost of college should be lowered because it imposes a burden on parents and their children, causes some students to alter their choice of which college to attend, and†¦show more content†¦Whether a student is looking to stay in-state or move out, the cost is still very high. According to College Board, expenses, on average, to attend a 4-year university add up to around $9,000 a year for in-stat e residents. Triple this amount and non-residents must pay that. Private school expenses tend to add up to around $35,000 a year (College Costs). During the 1995-1996 academic years, 66% of four year students in public institutions received some form of financial aid (Losco). Although the financial aid sounds like a good plan at the time, it causes the ones who take aid to being their adulthood in a large amount of debt. Even though there are a number of scholarships and financial aid programs available, each student must qualify and meet certain requirements that are not always met. Although most colleges do not consider ways to lower the cost, many alternatives are achievable. Expenditures for faculty salaries are a direct cost of instruction (Middaugh). This is one main concern that is questioned on a regular basis. Most professors in college are undeserving of the amount of money they make. A way to help fix this problem is to have someone sit in classes and evaluate ho w each teacher does, and figure their salary from the grade earned. Make each professor earn their salary by their performance rather than a set number from the beginning. A second alternative would be to reduce the amount ofShow MoreRelatedShould College Education Be Free?1266 Words   |  6 PagesThe Proposal: Should College Education be Free There are people who are in our nation right now that can t afford to go to college and gain the education they need to succeed. People have a deep conviction about this controversy. This issue has lead to the debate should the first two years of a college education be free. If college was free for the student the yes, it comes to the taxpayers to come up with the money. There should be rules and regulations in place and should be maintained byRead MoreYoung College Athletes730 Words   |  3 Pagesof becoming a college athlete and going down in history. 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Open A New Food Delivery Business Samples †MyAssignmenthelp.com

Question: Discuss about the Open A New Food Delivery Business. Answer: Introduction In this era of globalization there has been a sudden influx of e-commerce players in the market. With the use of Information Technology, organizations have found a way to reach directly to consumers. This has reduced the dependency on middleman. It has resulted to create a win-win situation among various stakeholders. For customers, the main benefit is the price advantage. It is expected that there would be further expansion in online space. The objective of this paper is to conduct the literature review for an online space where allow food sellers and food buyers can communicate with each other without physical place. This online space can be considered as a combination of Uber and Facebook (Sandhu, 2014). Food providers can be anyone from restaurants to individuals, who want to sell their food without opening real restaurant or save their money from marketing. Buyers can choose the way to receive their food as door-to-door or pick-up, etc. There will be no geographic boundary betwe en sellers and buyers as buyers can order their food within their own city or from other cities. Sellers can sell pre-cooked food or get pre-order and cook later, it is up to them. There will be evaluate system of sellers so buyers can know which sellers get higher rating. The business system will be based on Uber system but advertising mostly on Facebook. Analysis Gonzalez Charles (2015) argued that it would be correct to say that Information Technology has emerged as a key pillar of e-commerce delivery. With information technology, the objective is to obtain balance between the efficiency and responsiveness. Information Technology as applied in e-commerce generally implies the methods that are used to collect, scrutinize and safe guard data and useful information. The Information Technology also helps to optimize the e-commerce delivery and this eventually helps to reduce the cost in long term. It is important that the quality of products is maintained in the online food business. Aggarwal (2016) highlighted that with the emergence of online business customers has number of options to choose from. Therefore, it is important that organizations must provide high quality food. Horvitz Kimchi (2014) discussed various advantages and disadvantages of e-commerce business and online food delivery business. The biggest advantage of online food business is that it does not need and major investment. People can start the business without any permanent set up. With this business model, people can prepare the food at home and list the food items on the marketplace. Another advantage of online food business is the flexibility that it provides. With the online model of business people can work from as per their time. There is no pressure on people to give extra time. In long term, the online business model can be more profitable than the offline business model. The profit margins are more in the online business model and this profits can be shared with customers. Therefore, it is expected that customers would also prefer the online business model over the offline business model. Wang Wang (2013) discussed the problems with the online e-commerce business. One of the common problem observed in the e-commerce business is that the organizations lack dashboard and reporting mechanism. There are cases when organizations would want to have adequate dashboard and reporting mechanism so that they can keep stakeholders informed. There are cases when stakeholders would want the real-time information about the progress of the project and the condition of the organization (Wixom Ariyachandra, 2014). However, without the use of Information Technology it may not be possible to develop a real-time information-sharing dashboard. Authors also discussed the IT solutions to overcome these problems for players in the online business. The problems discussed in the above section are generic in nature that could be solved with effective business intelligence system in place. The major benefits if BI system in place is that it BI can help the organizations to analyze the data. Wit h the use of Business Intelligence, organizations would be able to use the data that is collected from consumers. In the operational sense, the benefits with the use of BI include improve in the data quality. In the management sense, the benefit of BI includes better decision-making, effective reporting, improved employee satisfaction and better customer satisfaction (Turban Sharda, 2011). It would also be correct to say that the effective and intelligent use of BI can also help the organizations to gain competitive edge over its competitors. Ling Guo (2014) discussed various tools and technologies that should be used to manage the e-commerce and online business space. There are various tools and technologies pertaining to Business Intelligence and Social Networks that should be used to improve organizational effectiveness. It is suggested that the organizations should focus to have an integrated ERP system in place that would help organizations to take end-to-end benefits of Business Intelligence. There are various software under ERP system like Customer RelationshipManagement software, internal human resource portal, etc. It is important that organizations should have a vision in place so that themanagement can use IT and BI system effectively. The need of the organizations is to focus on IT as a core function within the organization. Gone are the days when IT was considered as a support function in the organization (Chang, 2014). Today, most of the organizational functions revolve around Information Technology. Theref ore, it makes sense for organizations to integrate IT and BI together. The complete benefits in online market place can be realized only when Information Technology is used to full extent. Therefore, it is recommended that Information Technology should be the driving force of Business Intelligence and Data mining. It is also important that different stakeholders of the organizations should understand the ways and processes to extract the data from the system in an effective manner. It would ensure that time is not wasted and this would be the first step to develop and establish an efficient system. Elman Blue (2014) argued that the organizations in the online business model must have a strong social presence. For the organizations in the online food business, it is important to have a responsive Facebook page and efficient twitter handle. The end customers should be able to connect to the organization with a single click. It would ensure that the time is utilized and customers are able to get maximum satisfaction. The focus on Facebook should be the part of the investment strategy. In the current time, organizations and individuals have the option to run various campaigns on Facebook. The good thing with Facebook is that the small players can also set up their page and launch the marketing campaign. The best thing about Facebook marketing is that it is a platform with which the organizations and individuals can reach to thousands of consumers with a single post. It is important that Facebook should also be used as a mechanism to take feedback from consumers (Isik Jones, 2013) . At the same time, the feedback should be collected on regular basis. It is also important that themanagement should act on the feedback collected through FB. There are a lot of organizations that have been able to take the benefits or advantages of online market place. For example, UBER does not have any car of its own, still it is a largest cab player in the world. UBER has a simple business model to bring sellers and buyers together. The same business model can be replicated across other businesses like online food businesses. Therefore, it can be said that the small and mid-size organizations have a lot to learn from the case study of large organizations like UBER. Conclusion The above literature review discusses various aspects of online and e-commerce business. With the above discussion, it can be said that Facebook is definitely a medium for marketing for small businesses. With the above discussion, it can be said that organizations must have specific plans and strategies in place for Business Intelligence on online marketplace. It would also be correct to say that the implementation of BI software is only a one part of the problem. In addition to the implementation, organizations have to ensure that the business can get the real value from BI implementation. It can happen when Information Technology is not considered as the support function in the organization. It can also be said that the early focus on Information Technology and Business Intelligence would also help the organizations to overcome the problems and challenges that could occur in the implementation of BI. The tools like ERP, CRM would help the organization to get the maximum value from Business Intelligence. In the long term, organizations should also target the cloud based implementation of Business Intelligence system. References Aggarwal, S., 2016.Methods and systems of providing health scores in an online marketplace. U.S. Patent Application 15/292,111. Chang, V. (2014). The business intelligence as a service in the cloud.Future Generation Computer Systems,37, 512-534. Elman, J., Blue, A., Work, J.D. and Ly, E., Linkedin Corporation, 2014.Method and system for leveraging the power of one's social-network in an online marketplace. U.S. Patent 8,713,000. Gonzalez, M., Charles, F.K.I., Trevino, A. and Galvan, R., 2015.Multi-functional and integrated online marketplace for sellers and buyers having a real-time high bidder display window. U.S. Patent Application 14/878,785. Horvitz, E., Kimchi, G., Cheng, L., Burger, D., Paparizos, S. and Davis, M., Microsoft Corporation, 2014.Online marketplace with shipping incentives. U.S. Patent Application 14/209,246. Isik, ., Jones, M. C., Sidorova, A. (2013). Business intelligence success: The roles of BI capabilities and decision environments.Information Management,50(1), 13-23. Ling, L., Guo, X. and Yang, C., 2014. Opening the online marketplace: An examination of hotel pricing and travel agency on-line distribution of rooms.Tourism management,45, pp.234-243. Sandhu, H.S., 2014.Online marketplace for services. U.S. Patent Application 14/459,114. Turban, E., Sharda, R., Delen, D. (2011).Decision support and business intelligence systems. Pearson Education India. Wang, Y., Wang, S., Fang, Y. and Chau, P.Y., 2013. Store survival in online marketplace: An empirical investigation.Decision Support Systems,56, pp.482-493. Wixom, B., Ariyachandra, T., Douglas, D. E., Goul, M., Gupta, B., Iyer, L. S., ... Turetken, O. (2014). The current state of business intelligence in academia: The arrival of big data.CAIS,34, 1.