States don’t have rights. People do.
States have powers. Nowhere in the Constitution are states said to possess rights. Congress has certain powers, clearly enumerated in Article I, Section 8 of the Constitution, and the conservative-favorite Tenth Amendment makes clear that all the other powers are reserved to the states.
Not only is it incorrect to speak of states’ rights, but the expression has more baggage than Samsonite and Louis Vuitton combined. In case you didn’t know, “states’ rights” was the rallying cry of segregationists. Since no right-thinking conservative will keep company with such people, let’s just drop the term states’ rights once and for all.
And one that too many conservatives and Tea Partiers fall for:
...please don’t start talking about nullification as the magical silver bullet that other conservatives somehow overlooked in their efforts to repeal Obamacare (or any other unconstitutional law, for that matter).
Nullification is blatantly unconstitutional. As James Madison pointed out in 1798, 1800 and again during the Nullification Crisis of 1832, individual states do not have the power to unilaterally declare federal legislation unconstitutional. They have the power–in fact, the duty–to challenge laws they deem objectionable, but this must be done within the existing constitutional framework. Let us behold a republican remedy, as Madison would say, to this federal overreach.
For more on the dangers of nullification, see this essay.
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