States Rights ChronologyUS
History |
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|
1765 |
Stamp Act CongressThe
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South Carolina repealed its original “nullification” of the tariff,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. |