The following is published with the permission of the author, Steve Kubby. Steve Kubby is, of course, a highly respected longtime Libertarian activist, a former candidate for Governor of California, and a popular 2008 Libertarian presidential candidate.
“States Rights” is an Anti-Libertarian Concept
By Steve Kubby
The concept of “FEDERALISM” is properly used to describe a system of government in which sovereignty is constitutionally divided between the federal government and the states.
In contrast, the term “STATES’ RIGHTS” is a fraudulent and profoundly ANTI-Libertarian concept that has no other purpose but to deceive and rob us of our natural, inalienable, inseparable, non-transferable rights as human beings.
The Ninth Amendment says: “The numeration in the Constitution, of certain RIGHTS, shall not be construed to deny or disparage others retained by the PEOPLE.
In other words, just because the Constitution doesn’t mention a particular right, that doesn’t mean we don’t have that right — and those RIGHTS are retained by the PEOPLE, not the State or the Federal Government.
The Tenth Amendment says: “The POWERS not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
States and governments have POWERS, but not RIGHTS. Only people can have rights. The US Constitution and Bill of Rights were conceived and written to limit government, not allow it to usurp our rights through some insipid oxymoron like “States’ Rights.”