States do not have rights, People do

In the wake of the passage of Obamacare, the federal ruling that Prop 8 is unconstitutional, to name a few, there has been much discussion about states’ rights recently. Touting the importance of allowing states to enact their own laws and reject subservience to the federal government, states’ rights proponents hold that the more local nature of state governments gives them wider power than the federal government. While I agree with the sentiment that individuals have more of a say at the state level than the federal level, I have to challenge the notion that states have the right to enact laws that violate basic rights.

I believe this for a very simple, but important reason: States don’t have rights. People do.