Power Essay Example

States’ Rights are the term being used to describe the current struggle for political power between the federal government and independent states in the US. It also addresses the concern whether the US is a union of independent nations or a single entity ("States' Rights Civil War").
After their independence from Great Britain (1776), the 13 colonies announced themselves as individual independent states which gave each state the ability to create and implement their own laws ("States' Rights Civil War"). As years gone by, various states have realized the need for a central government for unity, peace and order. Thus, the federal government was established. Federal laws apply to the whole nation with 50 states while State laws are implemented within the specific state ("States' Rights Civil War").
In contrast to the desired purpose for unity and order, federal government brought about confusion and chaos within the country mainly because each state already had their own different laws established and implemented. There was confusion on which laws will be used and applied in different situations. This brought about disagreement between the federal and state governments. With this, the ‘Supremacy Clause’, part of article VI of the Constitution was established. It is the law applied when federal and state law clashes and becomes in contrast to each other. This states that when conflicts arise between the two, the federal law prevails. You can follow the state laws while you are inside the state however, if you committed something against this law according to the federal law, you then become liable to the federal government.
A simple example for this is the use of Marijuana for medical purpose. According to the federal law, Marijuana is considered to have high dependency potential and has no accepted medical purpose. This makes distribution of this substance a federal offense. However, some states, such as Michigan, declares growing and use of marijuana medicinally as legal according to their state law. So if you get caught using marijuana medicinally in a state which allows use of this, you are protected by the state government. However, if the federal government starts to get involved and they are able to prove that you are using the substance even for medical purposes, they can still get you. This follows the rule that federal law prevails over the state law. Another issue is same sex marriage. This has been legal in some states until recently when the Supreme Court decided that federal government must recognize valid same sex marriage. Immigration is also another concern where conflict in federal and state law occurs. Example is in Arizona where illegal immigrants looking for work or failure to bring registration documents is considered a crime. This gave authorization for the police to arrest immigrants with potential deportable offense. However, federal law allows arrest and deportation of aliens who had criminal records, members of gangs or those who cross the border repeatedly. But this does not permit arrest for illegal immigrants who abide by the law (Savage).
There are still many other examples that show the existing conflicts between state and federal government. Although states have different laws that benefit their own people, as a conclusion, it is still the federal law that prevails. This still should serve as the backbone of the nation’s unity, peace and order as a whole.

Works Cited

Savage, David G. N.p., Web. <www.ncsl.org/research/civil-and-criminal-justice/power-struggle.aspx>.
"States' Rights Civil War." History Net: Where History Comes Alive - World & US History Online. N.p., n.d. Web. 20 Feb. 2015.