Understanding the Doctrine of States’ Rights

The claim that the South fought for independence and "states' rights" is still contentious 160 years post-Civil War.

- The term "states' rights" refers to the powers held by individual states versus the federal government.

Understanding States' Rights

- States' rights are often misunderstood as powers granted by the federal government.

- In reality, the federal government has only those powers given to it by the Constitution.

- The Constitution should control government actions, ensuring societal protection against government overreach.

Supremacy of Federal Law

- The Constitution does include a supremacy clause, which supports federal law in conflicts with state law.

- John C. Calhoun argued that federal law is supreme only when made in accordance with the Constitution, not universally.

Historical Context of States' Rights

- In the 19th century, states' rights were viewed as constitutional rights for states to resist federal control.

- States could exercise these rights through nullification or secession.

- The term "rights" implies actions taken "rightfully" by states, not through federal permission.

Jefferson Davis's Perspective

- Jefferson Davis emphasized that the Southern states fought to uphold their right to withdraw from the Union as sovereign entities.

- The war against secession was seen as a violation of the constitutional agreement and the Declaration of Independence.

Libertarian Skepticism

- Libertarians question states' rights because they believe rights reside solely with individuals.

- However, states' rights refer to powers retained by states when forming the Union.

Roots of States' Rights

- States' rights stem from individual rights as defined by classical liberalism, emphasizing self-ownership and property rights.

- Government exists to protect these pre-existing rights, not to bestow them.

Individual Liberty and States' Rights

- States' rights reflect the rights of individuals for protection and defense of liberty.

- Individual liberty is central to the concept of states' rights, as noted by Clyde Wilson.

Jefferson and States' Rights

- Thomas Jefferson's philosophy associates political control with state and local governance rather than abstract state rights.

Political Reasons for Confusion

- The decline of states' rights is attributed to political forces rather than flawed historical or legal reasoning.

- States' rights pose a challenge to central authority and were suppressed during the Civil War era.

- The idea of consent of the governed was overshadowed by a concept of obedience.

- The defeat of Confederate states does not extinguish the doctrine of states' rights.

- John C. Calhoun warned that neglecting state sovereignty could jeopardize both union and liberty. 

https://mises.org/mises-wire/understanding-doctrine-states-rights