State's rights

The term State's Rights is a complex, loaded term the United States, and important issue leading to and in the course of the American Civil War, called by some "The war for state's rights."

In abstract, and avoiding ugly issues like racism, State's Rights means the right of statess to determine their own policies that may not agree with those of the federal government or the ruling class. The term has an unpleasant history of being used by racists.

Most now agree that certain states did not have the right to stop the civil rights movement, and no one, ever, has the right to legislate racist or sexist policies. Some who yell loudest for "State's rights!" are only racists who wish to roll back civil rights protections, and (hopefully) few in the United States feel sympathy for racists.

The use (or non-use) of the death penalty is currently decided by individual states.

But: does Oregon have the right to legalize assisted suicide, opposed by current attorney general John Ashcroft? Do several states have the right to legalize medical marijuana, in direct contravention of current United State's law? Can Massachusetts legalize gay marriage, vehemently opposed by the current President, George W. Bush, and the ruling Republican party? If Roe vs. Wade were overturned tomorrow, abortion would not become illegal nationally. It would be thrown in the hands of the individual states. Does a state have the right to decide legality of abortion, currently (as of this writing, November 2003) legalized by the federal government, certainly making a hodepodge of laws?

Many liberals (and in fairness, the more libertarian conservatives) support at least the first three of the above issues, and cheer the states that enact such policies, so it is not as simple as arguments over racism.

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