by Jessica Kuzmier

Created on: May 06, 2009   Last Updated: May 09, 2009

Human rights in the United States has been a somewhat controversial subject over the years. One might think that a country that was founded on breaking away from the tyranny of monarchy, seeking justice and liberty for all, would naturally be a bastion of human rights for all people. But the history of this democracy has shown human rights to be more complicated when transformed from ideal to practice . American human rights reflect that this issue, in practice, is hard to balance when one tries to combine it at a national and a personal level.

One arena where this dilemma appears in American history is balancing the rights of the many versus the rights of the minority, or in some cases, the individual. The issue of federalism, the philosophy which bound together a loose federation of former colonies together under one nation, has from the nation's inception had to combat against the concept of states' rights. The balancing act requires the federal government to maintain authority while not infringing upon the rights of the states. This leads to a constant weighing out of legislation in light of allowing people to choose a certain kind of life in one state and feeling assurance that this freedom will be protected to live this way, while still holding onto national identity as Americans. The present debate over gay marriage is an example of states choosing their own destiny with regards to particular issues.

Historically, the American Constitution allows for this kind of liberty for states to create their own legislation, with the federal government keeping out of the way. It is a way where one can exercise personal freedom in their local region. This personal determination was a unique way that the young democracy created its own definition of human rights.

Over the years, one of the biggest and most controversial issues justified through states' rights was that of slavery. There are very few today who would ever consider the right to hold slaves synonymous with human rights issues such as freedom of speech, religion or movement. But in the United States, this issue took on a life of its own when new states were introduced into the growing union. Slave-holding states felt that they should have sovereign right over their slaves without interference from the federal government. After all, when the slaves were purchased, it was a legal transaction. States who used slavery to benefit their economies felt any part of the federal government to

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