Legal Definitions - states' rights

States' rights refers to the powers and authorities that individual U.S. states retain because the U.S. Constitution does not grant those powers exclusively to the federal government, nor does it prohibit the states from exercising them. This concept is rooted in the Tenth Amendment, which ensures that any powers not delegated to the federal government, nor forbidden to the states, are reserved for the states or the people. Essentially, it's about the states' ability to govern themselves on matters not explicitly handled by the national government.

Here are some examples illustrating states' rights:

• Public Education Systems
  Scenario: Each state in the U.S. designs its own public school curriculum, sets graduation requirements, determines teacher certification standards, and largely funds its public education system. For instance, Texas might require specific courses on state history, while California might emphasize different environmental science topics in its curriculum.

  Illustration: The U.S. Constitution does not grant the federal government the explicit power to run public schools, nor does it forbid states from doing so. Therefore, under the principle of states' rights, states retain the authority to manage and oversee their educational systems, leading to variations in school policies and standards across the country.

• Professional Licensing
  Scenario: To practice law, medicine, or cosmetology, individuals must obtain a license from the specific state where they intend to work. The requirements for these licenses, such as passing a bar exam, medical board exam, or cosmetology exam, vary from state to state. A lawyer licensed in New York must typically pass another state's bar exam to practice there.

  Illustration: The federal government does not issue licenses for most professions. Since the Constitution doesn't assign this power to the federal government or prohibit states from regulating professions, states exercise their reserved right to establish and enforce licensing standards to protect public health, safety, and welfare within their borders.

• Criminal Law and Punishment
  Scenario: While there are federal crimes, the vast majority of criminal offenses, such as theft, assault, or murder, are defined and prosecuted under state law. Each state sets its own specific definitions for these crimes and determines the range of punishments. For example, the penalties for shoplifting or driving under the influence can differ significantly between neighboring states.

  Illustration: The Constitution does not give the federal government exclusive authority over all criminal matters, nor does it prevent states from creating their own criminal codes. Consequently, states utilize their reserved powers to establish laws that address crimes committed within their borders, reflecting local values and priorities in their justice systems.