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States Rights Chronology

US History

1765

Stamp Act Congress

The Stamp Act Congress passed a “Declaration of Rights” asserting that only colonial legislatures had the power to enact taxes.  The Congress was also used to help the colonies cooperate in their resistance to British taxation.  This resistance eventually developed into the American Revolution

1776

Declaration of Independence

Written by Thomas Jefferson, John  Adams and Ben Franklin and passed by the Continental Congress, the colonies declared that they would now be self governing (sovereign) states.

1777

Articles of Confederation

The first “constitution” of the United States – this was a system for the states to work together to defend themselves against Great Britain and win their independence by force and diplomacy.

1789

US Constitution

The “Supremacy Clause” makes Federal law supercede state laws

The Necessary & Proper Clause is also known as the “elastic” clause which allows the Federal Government to “stretch” its powers.

1791

The10th Amendment

The last amendment in the Bill of Rights reserves non enumerated powers to the States

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.

1798

Kentucky and Virginia Resolutions

These documents declared that states had a right to nullify unconstitutional federal laws.  Written by Jefferson and Madison, these are the founding documents of a states rights movement that eventually lead to Civil War and several additional crises in Federalism.

1814-1815

Hartford Convention

During the War of 1812 representatives of New England states met to discuss the possibility of seceding from the Union.  Much of the nation saw this as treasonous and it lead to the complete collapse of the Federalist Party.

1819

McCulloch v. Maryland

Chief Justice John Marshall’s Supreme Court declared a Maryland law unconstitutional. Maryland was attempting to tax the Second Bank of the US – a federal institution.

1832

Nullification Crisis

South Carolina declared a Federal tariff law “Null and Void”.  It also voted to forbid the unloading of any of the taxed goods in its ports.  President Andrew Jackson persuaded the Federal Congress to pass a “Force Bill” allowing him to send troops.  South Carolina repealed its original “nullification” of the tariff, but then “nullified” the “Force Bill” and declared “victory”

1861

Civil War Secessions

1868

The 14th Amendment

This was a “Reconstruction Amendment” that specifically forbade states from passing any laws that might tend to reinstate slavery.  Its general language did not have far reaching effects until the twentieth century.  The “due process” clause actually requires states to respect the Bill of Rights when dealing with any US citizen.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

1896

Plessy v. Ferguson

In this case, the Supreme  Court refused to use the 14th amendment to outlaw segregation.  It allowed states to require separate facilities for the races as long as they were “equal”.

1948

States Rights Democratic Party (Dixiecrats) founded by Strom Thurmond

1954

Brown v. Board of Education of Topeka

The Supreme Court under Chief Justice Earl Warren reversed the Plessy v. Ferguson decision to declare that states must desegregate their public schools because “separate” was NOT “equal” and therefore a violation of the 14th Amendment.