See S. Bhatt, Environmental Laws and Water Resources Management (1986).
Immediately after the adoption of the Constitution, controversy arose as to how to interpret the enumerated powers granted the federal government. Alexander Hamilton and the Federalist party favored a broad interpretation, which meant a strong central government deriving its authority from implied as well as express powers contained in the Constitution. Thomas Jefferson and his followers, "strict constructionists," insisted that all powers not specifically granted the federal government be reserved to the states. The Kentucky and Virginia Resolutions, written by Jefferson and James Madison, represent the first formulation of the doctrine of states' rights. The second important manifestation of states' rights occurred in New England among the Federalists in opposition, curiously enough, to Jefferson. His party, while in power, brought about (1803) the Louisiana Purchase, passed the Embargo Act of 1807 and other nonintercourse measures, and later declared war against Great Britain. All of these actions met with resistance in New England, and the War of 1812 finally led to the calling of the Hartford Convention of 1814-15, in which New Englanders officially expressed their hostility to the federal government.
The fight over the constitutionality of the Bank of the United States made the central states—Pennsylvania, Maryland, and Ohio in particular—the next defenders of states' rights. The points at issue here were settled in McCulloch v. Maryland by decision of the U.S. Supreme Court, dominated by John Marshall, whose broad interpretation of the Constitution laid the foundations of strong central government. The doctrine was revived in the conflict between the federal government and Georgia as to which had jurisdiction over Native American tribes within Georgia's boundaries, and Georgia for a time defied the federal administration. Even more acute was the situation that developed in South Carolina in opposition to the tariff acts of 1828 and 1832, when, under the leadership of John C. Calhoun, South Carolina passed its ordinance of nullification. Calhoun's doctrine of absolute state sovereignty was the most extreme of states' rights theories.
Although proslavery forces are usually identified with a strong states' rights position, the legislature of Wisconsin adopted (1859) resolutions defending state sovereignty after the Supreme Court overruled the Wisconsin courts and upheld the conviction of an abolitionist editor for violating the fugitive slave law. Ultimately the proslavery states used states' rights doctrines to justify their secession. Eleven Southern states seceded in 1860-61 and formed the Confederacy, in which, fittingly, the doctrine of states' rights was upheld by such governors as Joseph E. Brown and Zebulon B. Vance. This undoubtedly contributed to the Confederate defeat in the Civil War, just as the disposition of some of the Thirteen Colonies to act in complete independence of the Continental Congress had hampered the American Revolution.
Although the Union victory in the Civil War definitively ended the possibility of nullification and secession, the states' rights doctrine did not die. In the second half of the 20th cent. it was vigorously revived by Southern opponents of the federal civil-rights program. In the presidential election of 1948, a Southern states' rights party (the Dixiecrats) was organized with J. Strom Thurmond of South Carolina as its candidate, and it carried four Southern states. The desegregation controversy of the 1950s, 60s, and 70s engendered many states' rights statements by Southern political leaders such as Gov. George C. Wallace of Alabama. In 1962, federal troops were used at the Univ. of Mississippi to enforce a federal court ruling that ordered the admission of a black student to the university. Although the doctrine of states' rights is usually associated with the Southern wing of the Democratic party, it is not exclusive to any particular section or political party. The vast increase in the powers of the federal government at the expense of the states, resulting from the incapacity of the states to deal with the complex problems of modern industrial civilization, has led to renewed interest in states' rights. In the 1980s and 90s, states' rights proponents, under the banner of "federalism" or "the New Federalism," attacked the great increase in federal government powers that had occurred since the New Deal. On taking power of both houses of Congress in the 1994 elections, conservative Republicans proclaimed the beginning of a process of "devolution," with much power reverting to the states; several years later, however, it was clear that reality had not met this prediction. State sovereignty has been affirmed and expanded, however, by recent, often narrowly decided, decisions of the Supreme Court.
See C. Warren, The Supreme Court and Sovereign States (1924); F. L. Owsley, State Rights in the Confederacy (1925, repr. 1961); A. T. Mason, The States Rights Debate (2d ed. 1972); R. E. Ellis, The Union at Risk: Jacksonian Democracy, States' Rights and the Nullification Crisis (1987); F. McDonald, States' Rights and the Union: Imperium in Imperio, 1776-1876 (2001).
See B. F. Wright, American Interpretation of Natural Law (1931, repr. 1962); L. Strauss, Natural Right and History (1957); O. J. Stone, Human Law and Human Justice (1965); R. Tuck, Natural Rights Theories (1982); L. L. Weinreb, Natural Law and Justice (1987); R. Hittinger, A Critique of the New Natural Law Theory (1988).
Organizations such as Amnesty International and Human Rights Watch promote human rights and denounce human-rights abuses. In addition, such abuses around the world are monitored and documented by independent investigators ("special rapporteurs") appointed by the UN Human Rights Council, which, in turn, rebukes cited nations for their human-rights failures. (The council replaced the UN Human Rights Commission, which had been accused of protecting human-rights violators, in mid-2006; similar accusations have been leveled at the new council.) The charging in 1998 by a Spanish court of former Chilean president Augusto Pinochet with human-rights violations and the 1999 British ruling that he could be extradited to Spain, as well as the indictment and arrest (2000) in Senegal of former Chadian president Hissène Habré for human-rights violations during his presidency (although charges were later dropped, he was subsequently rearrested on a Belgian warrant), were regarded as small steps forward in the international protection of human rights.
See also civil rights; feminism; gay-rights movement; war crimes.
See M. A. Glendon, A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights (2001).
Laws protecting homosexuals from discrimination also have been enacted, but largely at the local level; by 1999 only 11 states had such laws. Opposition to such laws, particularly from conservative religious groups, has often been strong, and opponents of gay-rights measures have frequently gained their repeal. In 1992, Colorado became the first state to nullify existing civil-rights protection for homosexuals by amending its constitution; the provision was stuck down by the U.S. Supreme Court in 1996. By means of a statewide public referendum in 1998, Maine became the first state to repeal its gay-rights statute.
In 1993 the Defense Dept., at President Clinton's order, changed the ban on homosexuals in the military to a ban on homosexual activity. The much discussed policy, known as "don't ask, don't tell," was presented as a way to allow gays in the military to serve without fear of discharge or other penalty as long as they did not reveal their sexual orientation. By the end of the 1990s, however, it appeared to have done little to change the precarious status of gay soldiers. Most other NATO nations permit openly homosexual men and women to serve in their armed forces. Beginning in 1995, homosexuals were no longer automatically denied U.S. government security clearances.
Spousal benefits, such as health insurance and pension plans for long-term domestic partners, and the legal recognition of same-sex couples ("gay marriages") also became important gay-rights issues in the 1990s. A number of American corporations now offer same-sex partners of employees medical benefits comparable to those offered to employees' spouses; about one fifth of all workers are employed by these businesses. However, beginning in the mid-1990s, many states began explicitly banning same-sex marriages; by 2005, 41 states had done so. The Vermont supreme court declared in 1999 that the state must grant homosexual couples the same rights and protections that married heterosexuals have, and in 2000 the state legislature backed "civil unions" for same-sex couples that offer many benefits similar to those of heterosexual marriage. In 2003, Massachusetts' highest court ruled that homosexual couples have the constitutional right to marry, and the state began issuing licenses for same-sex marriages in May, 2004. The state legislature meanwhile passed a constitutional amendment that would have created civil unions for homosexual couples while restricting marriage to heterosexuals, but that amendment failed to win legislative approval in a required second, consecutive vote in 2005. At the same time, however, in 11 states voters approved (Nov., 2004) state constitutional amendments restricting marriage to a man and a woman and in some cases also banning same-sex civil unions; more than 20 states now have such amendments. California's supreme court similarly ended that state's ban on same-sex marriage in 2008. Connecticut now recognizes civil unions between same-sex couples, and after New Jersey's supreme court ruled in 2006 that the state must extend equal rights to same-sex couples the state enacted civil union legislation. A few other states, all of which ban gay marriage, recognize same-sex domestic partnerships, which offer fewer rights than civil unions.
At the national level the Defense of Marriage Act (1996) restricts the federal definition of marriage to heterosexual couples, but some conservatives, including President George W. Bush, have called for a constitutional amendment to ban same-sex marriages. Meanwhile, some religions and churches have been struggling with the issues of gay marriage and of the ordination of gay clergy. Worldwide, laws relating to homosexuality vary widely; a few nations (Canada, Spain, the Netherlands, Belgium, France, Germany, Great Britain, the Scandinavian countries, New Zealand, South Africa, and Uruguay) offer some form of official recognition to homosexual couples. Many non-Western countries consider consensual homosexual acts crimes (in some Islamic nations, capital crimes).
See also homosexuality.
See D. Clendinen and A. Nagourney, Out for Good: The Struggle to Build a Gay Rights Movement in America (1999).
Since the Civil War, much of the concern over civil rights in the United States has focused on efforts to extend these rights fully to African Americans. The first legislative attempts to assure African Americans an equal political and legal status were the Civil Rights Acts of 1866, 1870, 1871, and 1875. Those acts bestowed upon African Americans such freedoms as the right to sue and be sued, to give evidence, and to hold real and personal property. The 1866 act was of dubious constitutionality and was reenacted in 1870 only after the passage of the Fourteenth Amendment. The fourth Civil Rights Act attempted to guarantee to the African Americans those social rights that were still withheld. It penalized innkeepers, proprietors of public establishments, and owners of public conveyances for discriminating against African Americans in accommodations, but was invalidated by the Supreme Court in 1883 on the ground that these were not properly civil rights and hence not a field for federal legislation.
After the Civil Rights Act of 1875 there was no more federal legislation in this field until the Civil Rights Acts of 1957 and 1960, although several states passed their own civil-rights laws. The 20th-century struggle to expand civil rights for African Americans involved the National Association for the Advancement of Colored People, the Congress of Racial Equality, the Urban League, the Southern Christian Leadership Conference, and others. The civil-rights movement, led especially by Martin Luther King, Jr., in the late 1950s and 60s, and the executive leadership provided by President Lyndon B. Johnson, encouraged the passage of the most comprehensive civil-rights legislation to date, the Civil Rights Act of 1964; it prohibited discrimination for reason of color, race, religion, or national origin in places of public accommodation covered by interstate commerce, i.e., restaurants, hotels, motels, and theaters. Besides dealing with the desegregation of public schools, the act, in Title VII, forbade discrimination in employment. Title VII also prohibited discrimination on the basis of sex.
In 1965 the Voting Rights Act was passed, which placed federal observers at polls to ensure equal voting rights. The Civil Rights Act of 1968 dealt with housing and real estate discrimination. In addition to congressional action on civil rights, there was action by other branches of the government. The most notable of these were the Supreme Court decisions in 1954 and 1955 declaring racial segregation in public schools unconstitutional and the court's rulings in 1955 banning segregation in publicly financed parks, playgrounds, and golf courses.
In the 1960s women began to organize around the issue of their civil rights (see feminism). The federal Equal Pay Act was passed in 1963, and by the early 1970s over 40 states had passed equal pay laws. In 1972 the Senate passed an Equal Rights Amendment (ERA) intended to prohibit all discrimination based on sex, but after failing to win ratification in a sufficient number of states, the ERA was abandoned. Since the 1970s a number of gay-rights groups have worked, mainly on the local and state levels, for legislation that prevents discrimination in housing and employment (see gay-rights movement). In a further extension of civil-rights protection, the Americans with Disabilities Act (1990) barred discrimination against disabled persons in employment and provided for improved access to public facilities.
See W. E. Nelson, The Fourteenth Amendment (1988); R. Berger, The Fourteenth Amendment and the Bill of Rights (1989); L. W. Levy, Civil Rights (1989); T. Branch, Pillar of Fire (1997); F. M. Wirt, "We Ain't What We Was" (1997); A. Fairclough, Better Day Coming: Blacks and Equality, 1890-2000 (2001); D. McWhorter, Carry Me Home: Birmingham, Alabama: The Climactic Battle of the Civil Rights Revolution (2001); C. Polsgrove, Divided Minds: Intellectuals and the Civil Rights Movement (2001); C. Carter et al., ed., Reporting Civil Rights: American Journalism 1941-1973 (2 vol., 2003); J. Rosenberg and Z. Karabell, Kennedy, Johnson, and the Quest for Justice: The Civil Rights Tapes (2003); J. Carrier, Traveler's Guide to the Civil Rights Movement (2004); N. Kotz, Judgment Days: Lyndon Baines Johnson, Martin Luther King Jr., and the Laws That Changed America (2005); T. Branch, At Canaan's Edge: America in the King Years, 1965-68 (2006).
See P. Singer, Animal Liberation (1975); T. Reagan, The Case for Animal Rights (1983).
Diverse social movement, largely based in the U.S., seeking equal rights and opportunities for women in their economic activities, personal lives, and politics. It is recognized as the “second wave” of the larger feminist movement. While first-wave feminism of the 19th and early 20th centuries focused on women's legal rights, such as the right to vote, the second-wave feminism of the “women's movement” peaked in the 1960s and '70s and touched on every area of women's experience—including family, sexuality, and work. A variety of U.S. women's groups, including the National Organization for Women, sought to overturn laws that enforced discrimination in matters such as contract and property rights and employment and pay. The movement also sought to broaden women's self-awareness and challenge traditional stereotypes of women as passive, dependent, or irrational. An effort in the 1970s to pass the Equal Rights Amendment failed, but its aims had been largely achieved by other means by the end of the 20th century.
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Rights or powers retained by the regional governments of a federal union under the provisions of a federal constitution. In the U.S., Switzerland, and Australia, the powers of the regional governments are those that remain after the powers of the central government have been enumerated in the constitution. The powers of both the state or regional and national levels of government are defined clearly by specific provisions of the constitutions of Canada and Germany. The concept of states' rights is closely related to that of the 18th-century European concept of state rights, which was invoked to legitimate the powers vested in sovereign national governments. In the U.S. before the mid-19th century, some Southern states claimed the right to annul an act of the federal government within their boundaries (see nullification), as well as the right to secede from the Union. The constitutional question was resolved against the South by the North's victory in the American Civil War. In the civil rights era, states' rights were invoked by opponents of federal efforts to enforce racial integration in public schools. The federal government can influence state policy even in areas that are constitutionally the purview of the states (e.g., education, local road construction) through withholding funds from states that fail to comply with its wishes. In the late 20th century the term came to be applied more broadly to a variety of efforts aimed at reducing the powers of national governments.
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U.S. policy that allowed the first settlers, or squatters, on public land to buy the land they had improved. Since improved land, coveted by speculators, was often priced too high for squatters to buy at auction, temporary preemptive laws allowed them to acquire it without bidding. The Pre-Emption Act (1841) gave squatters the right to buy 160 acres at $1.25 per acre before the land was auctioned. The Homestead Act (1862) made preemption an accepted part of U.S. land policy. Seealso Homestead Movement.
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Right of a person to be free from intrusion into matters of a personal nature. Although not explicitly mentioned in the U.S. Constitution, a right to privacy has been held to be implicit in the Bill of Rights, providing protection from unwarranted government intrusion into areas such as marriage and contraception. A person's right to privacy may be overcome by a compelling state interest. In tort law, privacy is a right not to have one's intimate life and affairs exposed to public view or otherwise invaded. Less broad protections of privacy are afforded public officials and others defined by law as “public figures” (e.g., movie stars).
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In law, the rights and privileges of a person accused of a crime. In most modern legal systems these include the presumption of innocence until proved guilty, trial by jury, representation by counsel, the right to present witnesses and evidence to establish one's innocence, and the right to cross-examine one's accusers. Also important are a prohibition against an unreasonable search and seizure, the right to a speedy trial, and guarantees of freedom from double jeopardy and of the right to appeal. In the U.S. a person accused of a crime must be notified immediately of the right to secure counsel and the right to refuse to answer questions if answering might be incriminating (see
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Rights that belong to an individual as a consequence of being human. The term came into wide use after World War II, replacing the earlier phrase “natural rights,” which had been associated with the Greco-Roman concept of natural law since the end of the Middle Ages. As understood today, human rights refer to a wide variety of values and capabilities reflecting the diversity of human circumstances and history. They are conceived of as universal, applying to all human beings everywhere, and as fundamental, referring to essential or basic human needs. Human rights have been classified historically in terms of the notion of three “generations” of human rights. The first generation of civil and political rights, associated with the Enlightenment and the English, American, and French revolutions, includes the rights to life and liberty and the rights to freedom of speech and worship. The second generation of economic, social, and cultural rights, associated with revolts against the predations of unregulated capitalism from the mid-19th century, includes the right to work and the right to an education. Finally, the third generation of solidarity rights, associated with the political and economic aspirations of developing and newly decolonized countries after World War II, includes the collective rights to political self-determination and economic development. Since the adoption of the Universal Declaration of Human Rights in 1948, many treaties and agreements for the protection of human rights have been concluded through the auspices of the United Nations, and several regional systems of human rights law have been established. In the late 20th century ad hoc international criminal tribunals were convened to prosecute serious human rights violations and other crimes in the former Yugoslavia and Rwanda. The International Criminal Court, which came into existence in 2002, is empowered to prosecute crimes against humanity, crimes of genocide, and war crimes.
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Civil-rights movement that advocates equal rights for gay men, lesbians, bisexuals, and transsexuals. Supporters of gay rights seek to eliminate sodomy laws barring homosexual acts between consenting adults and call for an end to discrimination against gay men and lesbians in employment, credit, lending, housing, marriage, adoption, public accommodations, and other areas of life. The first group to campaign publicly was founded in Berlin in 1897 by Magnus Hirschfeld (1868–1935) and had 25 local chapters in Europe by 1922; suppressed by the Nazis, it did not survive World War II. The first U.S. support group, the Mattachine Society, was founded in Los Angeles circa 1950; the Daughters of Bilitis, for lesbians, was founded in San Francisco in 1955. The Dutch Association for the Integration of Homosexuality COC, founded as the COC (Cultuur en Ontspannings Centrum [“Culture and Recreation Center”]) in 1946 and headquartered in Amsterdam, is a prominent European group and the oldest existing gay rights organization. Many date the expansion of the modern gay rights movement to the Stonewall rebellion in New York City in 1969, when a raid by police on a gay bar called the Stonewall Inn provoked a riot by bar patrons. “Stonewall” came to be commemorated annually by the observance of Gay and Lesbian Pride Week in cities around the world. The International Lesbian and Gay Association (founded 1978), headquartered in Brussels, lobbies for human rights and opposes discrimination against homosexuals. Although the movement is strongest in western Europe and North America, gay rights organizations exist in many countries throughout the world. Among the major issues pressed by gay rights advocates in the 1990s and into the 21st century were the passage of hate crime laws and the establishment of legal rights for homosexuals to marry, adopt children, and serve openly in the military.
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rights, primarily against being killed and being treated cruelly, that are thought to be possessed by higher nonhuman animals (e.g., chimpanzees) and many lower ones by virtue of their sentience. Respect for the welfare of animals is a precept of some ancient Eastern religions, including Jainism, which enjoins ahimsa (“noninjury”) toward all living things, and Buddhism, which forbids the needless killing of animals, especially (in India) of cows. In the West, traditional Judaism and Christianity taught that animals were created by God for human use, including as food, and many Christian thinkers argued that humans had no moral duties of any kind to animals, even the duty not to treat them cruelly, because they lacked rationality or because they were not, like Man, made in the image of God. This view prevailed until the late 18th century, when ethical philosophers such as Jeremy Bentham applied the principles of utilitarianism to infer a moral duty not to inflict needless suffering on animals. In the latter half of the 20th century, the ethical philosopher Peter Singer and others attempted to show that a duty not to harm animals follows straightforwardly from simple and widely accepted moral principles, such as “It is wrong to cause unnecessary suffering.” They also argued that there is no “morally relevant difference” between humans and animals that would justify raising animals, but not humans, for food on “factory farms” or using them in scientific experiments or for product testing (e.g., of cosmetics). An opposing view held that humans have no moral duties to animals because animals are incapable of entering into a hypothetical “moral contract” to respect the interests of other rational beings. The modern animal-rights movement was inspired in part by Singer's work. At the end of the 20th century, it had spawned a large number of groups dedicated to a variety of related causes, including protecting endangered species, protesting against painful or brutal methods of trapping and killing animals (e.g., for furs), preventing the use of animals in laboratory research, and promoting what adherents considered the health benefits and moral virtues of vegetarianism.
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Proposed but unratified amendment to the U.S. Constitution designed mainly to invalidate many state and federal laws that discriminated against women. Its central tenet was that sex should not be a determining factor in establishing the legal rights of individuals. It was first introduced in Congress in 1923, shortly after women obtained the right to vote. It was finally approved by the U.S. Senate 49 years later (1972) but was subsequently ratified by only 30 of the 50 state legislatures. Critics claimed it would cause women to lose privileges and protections, such as exemption from compulsory military service and economic support by their husbands. Supporters, led by the National Organization for Women, argued that discriminatory state and federal laws left many women in a state of economic dependency.
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Comprehensive U.S. law intended to end discrimination based on race, colour, religion, or national origin. It is generally considered the most important U.S. law on civil rights since Reconstruction (1865–77). It guarantees equal voting rights (Title I); prohibits segregation or discrimination in places of public accommodation (Title II); bans discrimination, including sex-based discrimination, by trade unions, schools, or employers that are involved in interstate commerce or that do business with the federal government (Title VII); calls for the desegregation of public schools (Title IV); and assures nondiscrimination in the distribution of funds under federally assisted programs (Title VI). A 1972 amendment, the Equal Employment Opportunity Act, extended Title VII coverage to employees of state and local governments and increased the authority of the Equal Employment Opportunity Commission, which was created in 1964 to enforce Title VII provisions. The act was proposed by Pres. John F. Kennedy in 1963 and strengthened and passed into law under Pres. Lyndon B. Johnson. Seealso civil rights movement.
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(1689) British law, one of the basic instruments of the British constitution. It incorporated the provisions of the Declaration of Rights, which William III and Mary II accepted upon taking the throne. Its main purpose was to declare illegal various practices of James II, such as the royal prerogative of dispensing with the law in certain cases. The result of a long struggle between the Stuart kings and the English people and Parliament, it made the monarchy clearly conditional on the will of Parliament and provided freedom from arbitrary government. It also dealt with the succession to the throne.
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