States' Rights

Attorneys general from 13 states filed a lawsuit against the federal government. The lawsuit claims that the health care bill signed by President Obama on March 23 contains a provision that is unconstitutional. The proponents of the lawsuit are citing the 10th Amendment to the U.S. Constitution, which reserves powers of the states and people. Henry McMaster, South Carolina's Attorney General, sees the provision - mandating that all citizens and legal residents purchase qualifying health care coverage - as an attack on the sovereignty of the states and the liberty of the people.

The battle of states' rights is not novel. In the late 18th century, Anti-Federalists supported self-government of states and feared that the authority of a strong central government would lead to the loss of individual and states rights. In the Antibellum period, southern states lost power in Congress because their population was not increasing as rapidly as the north's. The southern states sought to assert their individual power and break free from federal authority, ultimately leading to secession. Issues of states' rights continued into the 20th century with the passage of the 17th Amendment.

The current debate over states' rights can be used to connect with historic debates over states' rights, whether you are studying the founding of the U.S. government, New Deal legislation, or racial segregation.