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By JACK FRUCTMAN Jr | January 19, 1992
As the federal judiciary, most notably the Supreme Court, becomes increasingly conservative, civil libertarian and civil rights groups have begun to look to the states, rather than federal courts, to seek protection of individual rights and liberties. Indeed, the supreme courts in some states already represent the venue of choice for issues especially involving privacy and criminal law.The doctrine of states' rights has conventionally been associated with opposition to the federal government's entry into areas, education for example, which some believe should be left to local control.
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NEWS
March 11, 2014
I would like to disagree with your editorial "A chilling effect" (March 10). I believe that the central issue here is academic freedom. The American Studies Association (ASA), in theory an academic organization devoted to the study of the United States, has violated the essence of academic freedom, which is based on the free flow of ideas, by supporting a boycott of Israeli academic institutions. By calling for the elimination of ties with Israeli colleges and universities, the ASA has taken a political stand which undermines academic freedom.
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NEWS
By Nell Irvin Painter | February 23, 1995
NEWT GINGRICH's cherished notion of giving power back to the states is based on the idea that state and local governments know their particular needs better than the federal government does. This idea strikes many Americans as a fresh and democratic sentiment, but it is neither. Throughout our history, states' rights have been invoked to roll back democracy.The first great evocation of states' rights in this tradition occurred in 1832. The so-called Nullification Controversy pitted John C. Calhoun of South Carolina, champion of states' rights, against President Andrew Jackson.
NEWS
By Erin Cox and Andrea F. Siegel, The Baltimore Sun | December 28, 2012
Annapolis civil rights activist Carl O. Snowden resigned his post in the Maryland attorney general's office Friday, one month after his conviction on a marijuana possession charge and following an eight-month absence from the job. Snowden, 59, declined to discuss his resignation, which he called a retirement effective Jan. 8. He said in an email that he would announce his political plans Jan. 18 during a Martin Luther King Jr. awards banquet he...
NEWS
By Lyle Denniston and Lyle Denniston,SUN NATIONAL STAFF | June 24, 1999
WASHINGTON -- Going further than ever before to insulate states from federal laws, a deeply divided Supreme Court ruled yesterday that the states are immune -- unless they consent -- to being sued in state courts by individuals or companies seeking to enforce those laws.The court issued the final rulings of its annual term amid a powerful new demonstration of a five-justice majority's commitment to expanding states' rights -- an effort that has continued throughout this decade.That has been a heated effort, with the justices arguing and rearguing one of the core issues fought over at the time the Constitution was written 211 years ago: what powers the states gave up when the national government was formed, and what they kept.
NEWS
By Gail Gibson and Gail Gibson,SUN NATIONAL STAFF | June 8, 2005
The Supreme Court made clear this week that its long push to rein in federal power over states - a federalism movement that could become Chief Justice William H. Rehnquist's legacy - still is far from bedrock principle. Legal analysts said yesterday that Monday's 6-3 ruling allowing U.S. authorities to prosecute people who use marijuana for medical reasons, regardless of state law, demonstrated how delicate the balance of the court is on questions of states' rights. A decade ago, the court's five conservative justices were more firmly united in such cases.
NEWS
By Lyle Denniston and Lyle Denniston,SUN NATIONAL STAFF | January 12, 2000
WASHINGTON -- Congress' move five years ago to offer new protection to women who are victims of sexual assaults ran into constitutional trouble in the Supreme Court yesterday. Justices who have been part of a consistent majority favoring states' rights seemed troubled at a hearing over Congress' authority in its Violence Against Women Act, a provision allowing women to file civil damage lawsuits against their attackers. Justice Sandra Day O'Connor, one of the leaders of the states'-rights bloc in the court, suggested that if Congress had power to pass such a law, "presumably it could also legislate" on other areas traditionally left to the states and covered by state laws, such as alimony, child custody and marital property rights.
NEWS
By Lyle Denniston and Lyle Denniston,SUN NATIONAL STAFF | January 10, 2001
WASHINGTON - The Supreme Court's states' rights majority, after tilting toward national interests in the presidential election dispute, returned to its usual stance yesterday at its first opportunity. By the same 5-4 vote that has controlled most recent rulings on national vs. state power, the court curbed the federal government's power to protect wildlife and clean water in ponds and mudflats that are not near rivers, creeks or lakes. The decision came four weeks after the court, in a rare interruption in a string of rulings favoring states' rights, overrode the Florida Supreme Court's view of state election law and bolstered national interests in clearing the way for George W. Bush to win the presidency.
NEWS
By Lyle Denniston and Lyle Denniston,SUN NATIONAL STAFF | September 29, 1999
WASHINGTON -- The Supreme Court set the stage yesterday for a major ruling on Congress' power to pass new civil rights laws and, in particular, to protect women against sexual violence by allowing them to sue their attackers.Taking on new cases for decision in the term that formally opens Monday, the court said it will rule on the constitutionality of the Violence Against Women Act, passed by Congress five years ago.A federal appeals court struck down the key part of that law in March, saying Congress had intruded on states' authority to deal with domestic violence.
NEWS
By THEO LIPPMAN JR | February 6, 1995
AN EDITORIAL in The Sun last month referred to "the tattered banner of states' rights," in a context that suggested the banner deserved to be tattered.This month in a column published in The Evening Sun, Russell Baker sneered at what he called "that threadbare old banner. . . of states' rights."I guess this means The Sun and Baker won't be endorsing Sen. Bob Dole's presidential bid. Senator Dole's campaign tee-shirts are emblazoned as follows:"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."
HEALTH
By Michael Dresser | michael.dresser@baltsun.com | April 7, 2010
The national health care debate found its way to the floor of the Maryland Senate on Tuesday, and opponents of President Barack Obama's sweeping reform bill got their chance to cast votes against it. The result in Annapolis wasn't much different from that in Washington, however, as the Senate voted 27-20 to defeat a proposal that would have put the state on record against a key provision of the Obama bill - a requirement that individuals purchase health...
NEWS
March 16, 2009
Last Monday, Gov. Martin O'Malley promised millions of dollars of new aid for Maryland's community colleges. Two days later, he looked like an Economics 100 dropout when the latest revenue estimates for this year and next revealed a potential $1.16 billion hole in the state budget. Attention, community college presidents: Don't spend that promised 5 percent increase in state aid quite yet. Just when the governor seems to think he has the recession - and the falling tax revenue - in hand, another trap door opens up. It's a familiar ambush: During William Donald Schaefer's second term in the early 1990s, the bean-counters were repeatedly proved wrong - much to the governor's embarrassment as he had to close deficits every few months, and the constant turmoil sank his voter approval ratings.
NEWS
By DAVID G. SAVAGE and DAVID G. SAVAGE,LOS ANGELES TIMES | May 16, 2006
WASHINGTON -- The Supreme Court sided with the environment over electric power yesterday, ruling that state regulators may require a steady flow of water over power dams to benefit both fish and kayakers. The unanimous decision holds that states may protect the health of their rivers, even though hydroelectric power dams are regulated exclusively by the federal government. The dispute arose over five small dams on the Presumpscot River in Maine, but the court's decision affects an estimated 1,500 power dams in 45 states.
NEWS
By DAVID G. SAVAGE and DAVID G. SAVAGE,LOS ANGELES TIMES | February 27, 2006
WASHINGTON -- The Supreme Court will take up states' rights - of both the blue- and red-state variety - in a pair of election-law cases to be heard this week that could have major effects on the future of American politics. Vermont, a true blue state, hopes to restore small-town democracy by greatly limiting the role of money in politics. If its new spending limits win before the high court, they could change how campaigns are conducted across the nation. Meanwhile, Texas, the most populous of the red states, is defending its right to redraw its electoral districts to give its Republican majority more seats in Congress.
NEWS
By Phillip McGowan and Phillip McGowan,SUN STAFF | August 27, 2005
A federal commission voted yesterday to shake up the Air National Guard - including transferring out of state eight airlift planes from a Baltimore County unit - laying the foundation for a legal showdown over whether these airborne state militias are controlled by their governors or the Pentagon. The Pentagon had proposed removing all aircraft from nearly two dozen Air National Guard bases across the country while realigning dozens of other operations to cut costs. The nine-member Base Closure and Realignment Commission endorsed restructuring the Air Guard but did not accept Defense Secretary Donald H. Rumsfeld's proposal in its entirety, picking and choosing from his list.
NEWS
By Gail Gibson and Gail Gibson,SUN NATIONAL STAFF | June 8, 2005
The Supreme Court made clear this week that its long push to rein in federal power over states - a federalism movement that could become Chief Justice William H. Rehnquist's legacy - still is far from bedrock principle. Legal analysts said yesterday that Monday's 6-3 ruling allowing U.S. authorities to prosecute people who use marijuana for medical reasons, regardless of state law, demonstrated how delicate the balance of the court is on questions of states' rights. A decade ago, the court's five conservative justices were more firmly united in such cases.
TOPIC
By Michael Hill and Michael Hill,SUN STAFF | February 1, 2004
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. - 10th amendment to the Constitution The last of the amendments that make up the Bill of Rights is the foundation of a political cry long associated with conservatives. "States' rights" has been evoked to oppose the growth in the authority of the federal government for several generations of American politics. The cry was heard in opposition to the Civil Rights movement that called for federal court orders and legislation to force states to desegregate schools, buses and, eventually all public accommodations.
NEWS
By Russell Baker | February 2, 1995
SOMEBODY on the Brinkley show Sunday asked Gov. Christine Whitman of New Jersey about the Republican "revolution" and she looked uneasy with the word, but then went ahead and accepted it, hedging that, well, it was "in some sense" a "revolution."It was one of the few reassuring public moments we've had from a Republican since the media and Washington succumbed to Noot madness.No Republican worth the name can hear the word "revolution" without at least an interior shudder of revulsion. This, I fancied, accounted for that ever so brief pause by the elegant Mrs. Whitman when she was asked to acknowledge that she was in league with Robespierre.
NEWS
By GREGORY KANE | June 8, 2005
TWO YEARS AGO, Gov. Robert L. Ehrlich Jr. signed a Maryland law that lessened the penalty for medicinal use of marijuana. Two days ago, Supreme Court Justice Clarence Thomas was part of the minority which said that on the matter of medicinal use of marijuana, states have every right to tell the federal government to go take a long walk on an oil-slicked pier. Ehrlich and Thomas have been called extremists. Ain't something wrong here? Oh, ain't it ever. And one of the things that's wrong is the footloose and fancy-free way some folks have of slinging that "e"-word around.
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