> I haven't heard that argument. I have heard that 'states rights' is intended to workaround various federal rules, including civil rights.
That’s the same argument from the other direction. The federal government, as designed, wasn’t powerful enough to protect minorities from the majority. Those rules entailed a major expansion of federal power. Indeed, you can see the seams in the civil rights laws. For example, Title VI’s ban on discrimination in public education is implemented through conditions on federal funding. Because the federal government can’t legislate such a ban directly.
> The foundation is that "all ... are creatd equal", which includes all members of minorities. The Bill of Rights is there to protect unpopular minorities from the majority.
That’s exactly the civil rights era retconning of the constitution I’m talking about. The statement that “all men are created equal” has nothing to do with minorities. Read the context right before and right after: https://www.archives.gov/founding-docs/declaration-transcrip.... The statement is about self determination: the right of a people to determine their own form of government. The equality being referred to is the equality between Britain and its monarch and the colonists.
The founders said almost nothing about protecting minorities from the majority, except perhaps in the context of religious freedom. Their concern was exactly the opposite: that a minority cabal in the government would oppress the majority.
> The statement that “all men are created equal” has nothing to do with minorities. Read the context right before and right after ...
The context before and after is quite well known; I don't have to read it. What they say is that 'all men are created equal, and they are endowed by their creator with inalienable rights, among those life, liberty, and the pursuit of happiness. And to protect those rights, governments are instituted among men.' (from memory, probably a few errors).
All means all - minorities included. The equality is for "all men"; rights are for "all men". Nothing is said about Britain and its monarch, except in your dreams of rationalizing oppression. The language is plain and clear, part of the reason it is so well-known.
That seems inconsistent with the history of slavery in the US. The evidence is that the people writing that didn't actually mean "all men" - if I look at https://en.wikipedia.org/wiki/Founding_Fathers_of_the_United... it suggests 41 of the 56 signers of the Declaration of Independence owned slaves. That seems like strong evidence that the literal text was being interpreted with implicit caveats.
A document cannot simultaneously holds all minorities to be equal with a right to liberty and accommodate slavery as it existed in the 1700s. Some of the signers may personally have disagreed with slavery but it seems difficult to say that the document itself represented a repudiation of the practice.
That’s the same argument from the other direction. The federal government, as designed, wasn’t powerful enough to protect minorities from the majority. Those rules entailed a major expansion of federal power. Indeed, you can see the seams in the civil rights laws. For example, Title VI’s ban on discrimination in public education is implemented through conditions on federal funding. Because the federal government can’t legislate such a ban directly.
> The foundation is that "all ... are creatd equal", which includes all members of minorities. The Bill of Rights is there to protect unpopular minorities from the majority.
That’s exactly the civil rights era retconning of the constitution I’m talking about. The statement that “all men are created equal” has nothing to do with minorities. Read the context right before and right after: https://www.archives.gov/founding-docs/declaration-transcrip.... The statement is about self determination: the right of a people to determine their own form of government. The equality being referred to is the equality between Britain and its monarch and the colonists.
The founders said almost nothing about protecting minorities from the majority, except perhaps in the context of religious freedom. Their concern was exactly the opposite: that a minority cabal in the government would oppress the majority.