Introduction
When Americans think about their rights, many immediately picture the U.S. Constitution and the actions of the federal government. However, your constitutional rights are more often exercised, and sometimes infringed upon, at the state level.
This makes understanding the role of state government rights and how they influence or protect your freedoms absolutely essential, especially in a country where the federal government vs states rights debate has shaped history, governance, and constitutional law individual rights.
So, how exactly do state governments influence your freedoms? State governments not only legislate on a day-to-day basis, enacting criminal laws, regulating health care, and setting education standards, but also directly shape things like individual rights law, equal protection, and due process. And while the federal Constitution offers baseline protections, not all rights are uniformly applied at the state level.
Many people don’t realize that the question “does the Bill of Rights apply to state governments?” wasn’t fully resolved until the 20th century through a process called incorporation.
Additionally, today’s reality includes a rise in grassroots political movement efforts and civic and social organizations that pressure state governments to act more justly, for example, in areas touching privacy rights, police reform, education, and social justice.
This blog will unpack how state government rights work, the complicated legacy of states rights vs federal government (especially since the Civil War), and how modern laws at the state level can either protect civil liberties or sometimes infringe upon them.
We’ll also explore the pressing need for constitutional reform, involvement in citizens’ movements, and the way justice advocacy helps maintain proper protections against unconstitutional laws in your state.
Who Holds Power: Federal Government vs States’ Rights
States Rights Position Definition: Government
The states rights position, in historical and modern terms, refers to the idea that state governments retain authority over areas not explicitly delegated to the federal government by the Constitution. This perspective rose during debates over slavery, taxation, and segregation, culminating in the states rights vs federal government Civil War period.
Federal Government and States Rights: Shared Responsibilities
Though political battles often pit the federal government vs states rights, the U.S. operates under a federalist system, where both entities share power. However, problems arise when federal mandates conflict with state laws, particularly in areas that involve individual rights law or constitutional law individual rights.
States Rights vs Strong Central Government
The philosophical debate centers around decentralization. Those skeptical of centralized power often advocate for strong rights of the state government, whereas others argue a strong central government is essential for enforcing uniform civil liberties and ensuring equal justice.
How State Laws Shape or Challenge Your Individual Rights
How Do Laws Protect Individual Rights?
State constitutions often include laws that protect the rights of individuals, mirroring or expanding federal constitutional protections. These laws are enforced through courts and interpreted consistently with both due process and equal protection clauses.
Examples:
- Laws ensuring Americans with disabilities receive accommodations
- Anti-discrimination employment statutes
- Tenant protection statutes
- State-level reproductive rights laws
How Laws Can Infringe on Individual Rights
However, how laws can infringe on individual rights becomes apparent when states use their authority to restrict freedoms. For example:
- Voter ID laws that disproportionately affect minority communities
- Restrictive protest laws
- Anti-LGBTQ+ legislation
- Excessive surveillance infringing on state laws protect individuals privacy rights
Such actions can lead to constitutional rights violations and often trigger civil rights advocacy from legal and civic society organizations.
Read Also: What Is a Constitutional Rights Violation? Full Breakdown
Constitutional Protections at the State Level
Does the Bill of Rights Apply to State Governments?
Originally, the Bill of Rights applied only to the federal government. It wasn’t until the 14th Amendment and later Supreme Court rulings that many of these protections were ‘incorporated’ and made binding on state governments.
This “selective incorporation” ensures most, but not all, constitutional rights apply at the state level, supporting equal protection and due process guarantees.
Examples of incorporated rights:
- First Amendment (Free Speech)
- Fourth Amendment (Search & Seizure protections)
- Sixth Amendment (Right to Counsel)
Still, not all rights have been dealt with, and many states interpret existing rights differently, hence ongoing debates around government reform people’s rights.
Rule of Law and the Protection of Civil Liberties
How Does Rule of Law Protect Individual Rights?
Rule of law is one of the foundational principles behind democracy, it ensures laws are applied equally and that no individual or governing body is above the law. This principle ensures that citizens have access to due process, equal justice, and fair legal remedies in any state.
When state governments follow rule of law:
- Citizens are better protected from unconstitutional laws
- Laws can’t target specific populations without scrutiny
- Courts can challenge unfair state policies
Protection of Civil Liberties at the State Level
Many state-level constitutional law individual rights outlines include additional civil liberties not found in the federal Constitution. Some states recognize environmental rights, health care rights, or education as enforceable liberties.
This is an example of how laws protect individual rights differently based on geography, a reason why constitutional reform and citizens movement activism remains critical.
Water Rights, Privacy, and State Governance
Although States Make Specific Laws Governing Water Rights
Water laws are a prime example of where state government rights come into play powerfully. Each state determines:
- Public vs private water access
- Agricultural vs industrial usage
- Drought and emergency restrictions
In western states, where access is limited, water disputes become fundamental to liberty and livelihood, proving just how impactful states’ decision-making is to your day-to-day life.
State Laws Protect Individuals’ Privacy Rights
States also pass modern laws on:
- Biometric data collection
- Internet and social media privacy
- Surveillance limits for law enforcement
These state-level provisions, often stronger than federal law, are essential for preserving liberties against invasive practices.
State Governments and Social Change
Grassroots Political Movement & Reform
Grassroots political movements thrive at the state level, where laws are easier to influence compared to the federal system. States often serve as laboratories for policy experimentation before national adoption.
How to Start a Grassroots Political Movement:
- Identify local issues, education, housing, policing reforms
- Build community alliances with civic and social organizations
- Engage with legislators at public hearings
- Use media and protests to raise visibility
Reform Movement and Constitutional Change
State-level efforts often fuel national reform movements, creating pressure for constitutional reform, like voting rights enhancements, policing accountability, or health care justice.
These movements sometimes build toward federal solutions via the Article V amendment process, where states can trigger constitutional change if 34 of them unite under one cause.
The Drive Toward Constitutional Reform and Justice Advocacy
Unconstitutional Laws and State Resistance
Some states pass unconstitutional laws, whether through partisan motives or outdated doctrines, which can infringe on civil liberties or deny equal protection. In these cases, challenges can come from:
- Lawsuits supported by civil rights advocacy groups
- Media investigations
- Pressure from coordinated justice reform movements
Justice Advocacy and Equal Justice
Organizations lobbying for equal justice and due process play a vital role. They track policies harming marginalized groups and lead campaigns for government reform people’s rights.
Civic and Social Organizations & Justice
Across the nation, civic and social organizations such as the ACLU, NAACP, and local nonprofits work to protect civil liberties through:
- Litigation
- Policy advocacy
- Public education
- Coalitions with civic society organizations
What Can Citizens Do?
Citizens’ Movement Toward Rights Protection
Modern citizens’ movements often focus on:
- Expanding voting access
- Ending mass incarceration
- Fighting environmental injustice
- Protecting reproductive rights
State governments are more accessible than federal institutions, which is why organizing locally leads to lasting change. These efforts are key elements in broader constitutional reform efforts.
Who Owns the United States Government Right Now?
While this sounds like a trick question, it’s a relevant one in the era of disillusionment and hyper-politicization. The legal answer remains: “The People” own the U.S. government. However, the power they wield differs vastly across federal and state systems.
Through democratic engagement, especially via grassroots political movement and justice advocacy at the state level, citizens can reclaim authority and realign governance with the promise of liberty.
Conclusion
Your rights aren’t protected in abstract; they’re enforced, preserved, or threatened through state-level policies every day. From how laws protect individual rights to how governments can impose unconstitutional laws, state governments have an outsized role in shaping your lived experience of freedom.
Whether managing due process, property laws, privacy protections, or water access, your state’s legislature, courts, and agencies act as constant stewards (or challengers) to your constitutional rights.
But you’re not powerless. Through justice reform movements, citizen movements, and engaging with civic and social organizations, you can help shape laws that better protect liberties while holding state power accountable.
The goal is a landscape where both state and federal systems work together in harmony to ensure equal protection, equal justice, and the true protection of civil liberties.
FAQs
1. Do state governments have to follow the Bill of Rights?
Yes, many Bill of Rights protections have been applied to state governments through the 14th Amendment’s incorporation doctrine.
2. How can state laws violate constitutional rights?
If a state enacts a law that contradicts federal constitutional principles, like the right to free speech, it may be declared unconstitutional.
3. What is the role of state governments in civil rights advocacy?
State governments can promote or obstruct civil rights through local policies, making them central to ongoing civil rights advocacy.
4. Can state governments expand rights beyond the Constitution?
Yes, states can provide more expansive protections than the federal Constitution in areas like health care, privacy, and education.
5. How do citizens protect rights at the state level?
They can join grassroots political movements, vote locally, and support civic and social organizations advocating for change.