query: who gets the rights not specifically given to the states or the federal government

pos: Tenth Amendment to the United States Constitution Tenth Amendment to the United States Constitution The Tenth Amendment (Amendment X) to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism and states' rights, which strictly supports the entire plan of the original Constitution for the United States of America, by stating that the federal government possesses only those powers delegated to it by the United States Constitution. All remaining powers are reserved for the states or the people. The amendment was proposed by the 1st United States Congress in 1789 during its first

pos: United States Bill of Rights the principles of separation of powers and federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or the people. The amendment provides no new powers or rights to the states, but rather preserves their authority in all matters not specifically granted to the federal government. Congress has sometimes circumvented the Tenth Amendment by invoking the Commerce Clause in Article One or by threatening to withhold funding for a federal program from noncooperative States, as in "South Dakota v. Dole" (1987). George Washington had fourteen handwritten

pos: History of the United States Constitution of Rights reserves for the people any rights not specifically mentioned in the Constitution and reserves all powers not specifically granted to the federal government to the people or the States. Amendments to the Constitution subsequent to the Bill of Rights cover a wide range of subjects. Several have added significant content to the original document. One of the most far-reaching is the Fourteenth, ratified in 1868, which establishes a clear and simple definition of citizenship and guarantees equal treatment under the law. Also significant are the Fifteenth, Nineteenth, Twenty-fourth, and Twenty-sixth, which were enacted to extend the right to

pos: Limited government Limited government In political philosophy, limited government is where the government is empowered by law from a starting point of having no power, or where governmental power is restricted by law, usually in a written constitution. It is a key concept in the history of liberalism. The United States Constitution presents an example of the federal government not possessing any power except what is delegated to it by the Constitution - with the Tenth Amendment to the United States Constitution specifically stating that powers not specifically delegated to the federal government is reserved for the people and the states. The

pos: Limited government dominion over every facet of the people's lives, and that the federal government is not the only entity with governmental power in the United States. The Ninth Amendment reads “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others held by the people.” This shows the federal government doesn't have the ability to infringe upon the rights of the people in any circumstance, even if the rights aren't explicitly protected by the Constitution. The Tenth Amendment states “The powers not delegated to the United States by the Constitution, nor prohibited by it to

pos: The Federalist Papers in Albany, and No. 65 through the end by Hamilton, published after Madison had left for Virginia. "The Federalist Papers" (specifically Federalist No. 84) are notable for their opposition to what later became the United States Bill of Rights. The idea of adding a Bill of Rights to the Constitution was originally controversial because the Constitution, as written, did not specifically enumerate or protect the rights of the people, rather it listed the powers of the government and left all that remained to the states and the people. Alexander Hamilton, the author of Federalist No. 84, feared that such an

pos: United States Constitution of power between the federal government and the states. The amendment states that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles or in subsequent constitutional amendments. Any power not listed is, says the Tenth Amendment, left to the states or the people. While there is no specific list of what these "reserved powers" may be, the Supreme Court has ruled that laws affecting family relations, commerce within a state's own borders, and

pos: Transgender rights Const., Amend. 10, which reserves to the states (or to the people) all powers not assigned to the federal government, the legal classification of sex is a matter of state jurisdiction in the United States. The principle is generally extended to the District of Columbia and U.S. territories, though the federal government has power to overrule any decision those non-state entities might make. Regardless of the legal sex classification determined by a state or territory, the federal government may make its own determination of sex classification for federally issued documents. For instance, the U.S. Department of State requires a medical

pos: NSA warrantless surveillance (2001–2007) powers neither granted to the federal government nor prohibited to the states are reserved to the states or the people. The Ninth Amendment states, "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." The Ninth Amendment bars denial of ununenumerated rights if the denial is based on the "enumeration of certain rights" in the Constitution, but does not bar denial of unenumerated rights if the denial is based on the "enumeration of certain powers" in the Constitution. The Supreme Court has historically used Article II to justify wide

neg: Colorado River Water Conservation District v. United States the property only applies when exclusive control of the property in question is required. In the litigation of water rights, where actual administration or control of a river was not being determined, this rule was clearly unnecessary. Additionally, Stewart reasoned that dismissal of the federal suit was unnecessary because the rights the federal government sought to uphold were different from those being litigated in the state courts. Specifically, the federal suit was about rights the federal government had previously reserved, rather than rights based on the prior appropriation doctrine. Finally, Stewart gave two more reasons not to dismiss the federal

neg: Voting rights in the United States Voting rights in the United States The issue of voting rights in the United States, specifically the enfranchisement and disenfranchisement of different groups, has been contested throughout United States history. Eligibility to vote in the United States is established both through the federal constitution and by state law. Several constitutional amendments (the 15th, 19th, and 26th specifically) require that voting rights cannot be abridged on account of race, color, previous condition of servitude, sex, or age for those above 18; the constitution as originally written did not establish any such rights during 1787–1870. In the absence of a specific federal

neg: Government procurement in the United States contractor. The authority to purchase is not one of the explicitly enumerated powers given to the Federal Government by Section 8 of Article One of the United States Constitution, but courts found that power implicit in the Constitutional power to make laws that are necessary and proper for executing its specifically granted powers, such as the powers to establish post offices, post roads, banks, an army, a navy, or militias. Behind any Federal Government acquisition is legislation that permits it and provided money for it. These are normally covered in authorization and appropriation legislation. Generally, this legislation does not affect

neg: Transgender rights in the United States name changes in U.S. jurisdictions are also a complex mix of federal and state rules. States vary in the extent to which they recognize transgender people's gender identities, often depending on the steps the person has taken in their transition (including psychological therapy, hormone therapy), with some states making sex reassignment surgery a pre-requisite of recognition. The federal government does not have laws specifically protecting transgender people from discrimination in employment, housing, healthcare, and adoption, but some lawsuits argue that the Equal Protection Clause of the federal constitution or federal laws prohibiting discrimination based on gender should be interpreted to

neg: Menominee Tribe v. United States Menominee Tribe v. United States Menominee Tribe v. United States, 391 U.S. 404 (1968), is a case in which the Supreme Court ruled that the Menominee Indian Tribe kept their historical hunting and fishing rights even after the federal government ceased to recognize the tribe. It was a landmark decision in Native American case law. The Menominee Indian Tribe had entered into a series of treaties with the United States that did not specifically state that they had hunting and fishing rights. In 1961, Congress terminated the tribe's federal recognition, ending its right to govern itself, federal support of health

neg: Megan McArdle United States, and specifically against the federal health care reform bill the Patient Protection and Affordable Care Act, which was signed into law in March 2010. In addition to a number of blog posts on the subject, she also wrote an article, "Myth Diagnosis", in the March 2010 "Atlantic". In a July 2009 blog post, McArdle listed two reasons that she objected to such a system: first, that it would stifle innovation, because "Monopolies are not innovative, whether they are public or private," and second, that "Once the government gets into the business of providing our health care, the government

neg: Substantive due process Substantive due process In United States constitutional law, substantive due process is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution. Courts have identified the basis for such protection from the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law." Substantive due process demarcates the line between the acts that courts hold that are

neg: Malcolm Lafargue the law into their own hands. Prior to the jury's decision to exonerate all the suspects, Lafargue delivered an impassioned argument: We are here in federal court because free government and good government were not available in Webster Parish. ... I come from this state. My grandfather had slaves. But to me civil liberties means human rights, God-given rights for all Americans. This is not a social question. This is not an economic question. It is a question of God-given rights. If you want a feudal society with overlords, or a Hitler or Mussolini government, then this country is no

neg: Federal Resume (United States) Federal Resume (United States) In the United States of America, a federal resume is a type of résumé constructed specifically to apply for Federal government jobs. Like a private sector resume, it contains a summary or listing of relevant job experience and education. A Federal resume is one of three documents accepted as an official application for position vacancies within the Federal government. The other two are the OF-612 and the traditional SF-171. The SF–171 is considered obsolete, no longer accepted by most government agencies. A standard private-sector resume should not be used to apply for Federal positions. Not only

neg: Fundamental rights According to the Supreme Court, enumerated rights that are incorporated are so fundamental that any law restricting such a right must both serve a compelling state purpose and be narrowly tailored to that compelling purpose. The original interpretation of the United States Bill of Rights was that only the Federal Government was bound by it. In 1835, the U.S. Supreme Court in "Barron v Baltimore" unanimously ruled that the Bill of Rights did not apply to the states. During post-Civil War Reconstruction, the 14th Amendment was adopted in 1868 to rectify this condition, and to specifically apply the whole of

neg: James L. Petigru pledge "faithful and true allegiance" to the State of South Carolina. The law was vague on the underlying and contentious issue of sovereignty, and did not specifically state whether allegiance to the state was superior to allegiance to the federal government. Given tensions of the times, dispute over interpretation of the oath immediately erupted. The "Nullifier" faction asserted that allegiance to the state had precedence over allegiance to the federal government, while "Unionists" asserted that the federal government had primacy over all states. Eventually, a legal case on the validity of the test oath reached the state Court of Appeals

neg: Colfax massacre the federal government appealed the case, it was heard by the US Supreme Court as "United States v. Cruikshank" (1875). The Supreme Court ruled that the Enforcement Act of 1870 (which was based on the Bill of Rights and 14th Amendment) applied only to actions committed by the state and that it did not apply to actions committed by individuals or private conspiracies ("See," Morrison Remick Waite). The Federal government could not prosecute cases such as the Colfax killings. The court said plaintiffs who believed their rights were abridged had to seek protection from the state. Louisiana did not prosecute

neg: Protecting States’ Rights to Promote American Energy Security Act Protecting States’ Rights to Promote American Energy Security Act The Protecting States’ Rights to Promote American Energy Security Act () is a bill that would require the federal government to defer to individual states about regulations governing hydraulic fracturing. If a state has laws or regulations regarding hydraulic fracturing, those regulations would be the rules that applied in that state, not any regulations created by the federal government. The bill passed the House during the 113th United States Congress. The Department of the Interior is reportedly in the process of creating regulations governing fracking on Indian and federal land. The

neg: Berghuis v. Thompkins action that waived those rights. Waiver must be a free choice with full awareness ("Moran v. Burbine"). "Miranda v. Arizona" (the "Miranda" ruling) states that ""[A] heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel."" It was noted that the accused had read and expressed understanding of the rights, and had them read aloud, he had not pleaded lack of understanding, was given time, and therefore knew his rights. Specifically, having read the 5th warning (""you have the right to decide at

neg: Hugh Lawson White arguing that the federal government could not pass any laws outside its powers specifically stated in the Constitution. Like many Jacksonians, he was a staunch states' rights advocate. He opposed the national bank, and rejected federal funding for internal improvements (which he believed only the states had the power to fund). He also supported Jackson's call for the elimination of the Electoral College, and opposed federal intervention into the issue of slavery. Like most Southern senators, White opposed the Tariff of 1828, which placed a high tax on goods imported from overseas to protect growing northern industries. White argued that

neg: Bundy standoff has denied that he is part of the sovereign citizen movement, was convicted in 1996 of one count conspiracy to defraud the United States and seven counts of aiding and abetting mail fraud. Kearns was released from federal prison on May 3, 2006. "Atlantic" reporter Matt Ford pointed out that Bundy's claim, "I abide by all of Nevada state laws. But I don't recognize the United States government as even existing," is at odds with Nevada's law, specifically the state's constitution. Framed during the Civil War, Nevada's constitution specifically mentions the rights of the federal government, stating in Article 1,

neg: Criminal defense lawyer and the federal government are often referred to as public defenders or court-appointed attorneys. A considerable aspect of this work requires the US criminal defense lawyer to have a clear understanding of the United States Constitution. Specifically, the Fourth Amendment protects against unlawful searches and seizures, while the Fifth and Sixth Amendments govern the right to remain silent so one does not become a witness against himself. All of the Amendments to the United States Constitution are guaranteed to the criminal accused against the states via the Fourteenth Amendment. Thus, a criminal defense lawyer must understand each of these rights.

neg: Air rights about ownership of "space" and the upward bounds of national sovereignty. With the advent of space travel above earth's atmosphere, the height at which national sovereignty extends and therefore nations can regulate transit is often debated. In the United States, the Federal Aviation Administration (FAA) has the sole authority to control all "publicly owned" airspace, exclusively determining the rules and requirements for its use. Specifically, the Federal Aviation Act provides that: "The United States Government has exclusive sovereignty of airspace of the United States", but not all the airspace is "possessed" by the United States. For non-public airspace, Congress has

neg: Federal Resume (United States) of your past work. Federal Resume (United States) In the United States of America, a federal resume is a type of résumé constructed specifically to apply for Federal government jobs. Like a private sector resume, it contains a summary or listing of relevant job experience and education. A Federal resume is one of three documents accepted as an official application for position vacancies within the Federal government. The other two are the OF-612 and the traditional SF-171. The SF–171 is considered obsolete, no longer accepted by most government agencies. A standard private-sector resume should not be used to apply for

neg: Expungement warrant automatic denials of licensure, whether expunged or not. One of the major benefits for the individual of expunging a criminal record is that there is a chance the individual may regain their right to possess a firearm. Federal laws deprive individuals with felony and domestic violence offenses of their firearm rights. Some states also have statutes depriving individuals of certain gun rights, usually for a definitive period of time. Expungement may restore gun rights in some states but will not be sufficient to restore firearms rights in others. Seeking restoration of firearm rights may requires that the petitioner specifically

neg: Limited government the Constitution, hence a system of checks and balances was set in place. Limited government In political philosophy, limited government is where the government is empowered by law from a starting point of having no power, or where governmental power is restricted by law, usually in a written constitution. It is a key concept in the history of liberalism. The United States Constitution presents an example of the federal government not possessing any power except what is delegated to it by the Constitution - with the Tenth Amendment to the United States Constitution specifically stating that powers not specifically delegated

neg: John Randolph of Roanoke prosecutor. Following this split, Randolph proclaimed himself the leader of the "Old Republicans" or "Tertium Quids", a wing of the Democratic-Republican Party who wanted to restrict the role of the federal government. Specifically, Randolph promoted the Principles of '98, which said that individual states could judge the constitutionality of central government laws and decrees, and could refuse to enforce laws deemed unconstitutional. A quick thinking orator with a remarkable wit, he was committed to republicanism and advocated a commercial agrarian society throughout his three decades in Congress. Randolph's conservative stance, displayed in his arguments against debt and for the rights

neg: Abortion debate her own body". In political terms, privacy can be understood as a condition in which one is not observed or disturbed by government. Traditionally, American courts have located the right to privacy in the Fourth Amendment, Ninth Amendment, Fourteenth Amendment, as well as the penumbra of the Bill of Rights. The landmark decision "Roe v Wade" relied on the 14th Amendment, which guarantees that federal rights shall be applied equally to all persons born in the United States. The 14th Amendment has given rise to the doctrine of Substantive due process, which is said to guarantee various privacy rights, including

neg: Hugo Black an indigent criminal defendant who cannot afford one. Before "Gideon", the Court had held that such a requirement applied only to the federal government. One of the most notable aspects of Justice Black's jurisprudence was the view that the entirety of the federal Bill of Rights was applicable to the states. Originally, the Bill of Rights was binding only upon the federal government, as the Supreme Court ruled in "Barron v. Baltimore" (1833). According to Black, the Fourteenth Amendment, ratified in 1868, "incorporated" the Bill of Rights, or made it binding upon the states as well. In particular, he pointed

neg: Constitution Restoration Act extent that relief is sought against an entity of Federal, State, or local government, or against an officer or agent of Federal, State, or local government (whether or not acting in official or personal capacity), concerning that entity's, officer's, or agent's acknowledgment of God as the sovereign source of law, liberty, or government." In other words, the bill would limit the power of the federal judiciary specifically in religious liberty cases. The bill also states that judges or other court officials that listen to cases that meet said criteria are to be impeached and convicted. Supporters of the bills, largely

neg: Squatting in the United States the likeliness of neighbors to call the police. This was not always the case, particularly in the era of Westward expansion, wherein the federal government specifically recognized the rights of squatters. For example, see the Preemption Act of 1841. Community organizations have helped the homeless to take over vacant buildings not only as a place to live but also a part of larger campaign to shine a light on inequity in housing and advocate change in housing and land issues. Association of Community Organizations for Reform Now (or ACORN) was one of the first organizations in the U.S. to launch

neg: McNally v. United States artifice to defraud,' or in the purpose of the statute, justifies limiting its application to schemes intended to deprive victims of money or property." McNally v. United States McNally v. United States, 483 U.S. 350 (1987), was a case in which the United States Supreme Court decided that the federal statute criminalizing mail fraud applied only to the schemes and artifices defrauding victims of money or property, as opposed to those defrauding citizens of their rights to good government. The case was superseded one year later when the United States Congress amended the law to specifically include honest services fraud

neg: Indian Gaming Regulatory Act to gain more control over Indian gaming. Individual states have protested their own lack of control over gaming. Some even cite the tenth amendment – the right for states to have all other powers not specifically designated to the federal government– to fight against gambling. Others feel the federal government is forcing states to enter into unfair gaming-related compacts with Native American tribes. A few states, like Utah and Hawaii, do not permit gambling or casinos. State officials, in general, do not believe Native Americans should be exempt from state laws. Another reason why states argue they have a right

neg: Iron Crow v. Oglala Sioux Tribe jurisdiction on the Indian reservations and retains all the inherent attributes of National sovereignty that have not been divested by the Federal government of the United States. The specific wording of the ruling stated: We hold that Indian tribes such as the defendant Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota still possess their inherent sovereignty excepting only when it has been specifically taken from them by treaty or Congressional Act. Little Finger and Black Cat argued that their rights were protected "as citizens of the United States." Drawing on legal cases decided before passage of the Indian

neg: Federal Acquisition Regulation section is inartfully drafted because a literal reading would compel use of clauses which are specifically limited to scientific and technical information – you have to use the much broader FAR clauses to go after "data" which is not scientific or technical information. DFARS 227.7103-1, Policy, para (c) says that "Offerors shall not be required ... to sell or otherwise relinquish to the Government any rights in technical data related to items, components or processes developed at private expense solely because the Government's rights to use, modify, release, reproduce, perform, display, or disclose technical data pertaining to those items may

neg: Pardons for ex-Confederates to their enemies during the late civil war, with restoration of all rights, privileges, and immunities under the Constitution and the laws ..." Pardons for ex-Confederates The Presidential pardon given to ex-Confederates was a special power exercised by Presidents Abraham Lincoln and Andrew Johnson and was usually extended in cases where the person pardoned had served in the military above the rank of colonel, or a civilian who had exercised political power under the Confederate government. The power to pardon offences to the Federal government was given to the chief executive in the United States Constitution under . On December

neg: Bundy standoff the federal government over territories is "necessarily paramount", but that once a territory is organized as a state and admitted to the union on equal footing with other states, the state government assumes concurrent jurisdiction over federal lands, and the federal government then has the rights of an "individual proprietor" over lands it owns, unless there has been a formal cession of jurisdiction over a given area by the state under the Enclave Clause. The power of proprietary rights are those of a property owner, and in "Utah Power & Light Co. v. United States", a unanimous Supreme Court ruled

neg: Constituent state of an international organisation. It is used within the European Union to refer to member states. It is also used to refer to sovereign states in bilateral negotiations or agreements between two or more states. Constituent state A constituent state is a territorial and constitutional entity forming part of a sovereign state. A constituent state holds administrative jurisdiction over a defined geographic territory and is a form of regional government. Constituent states united in a federal union under a federal government are more specifically known as federated states. Administrative units that are not federated but enjoy a greater degree of

neg: United States v. Williams (1951) constitutional rights. It was determined that the statute did not cover officers of a state who violate the state rights of its citizens. Therefore, it was determined that the federal court did not have jurisdiction to prosecute Williams under 18 U. S. C. §§ 241 because he was under commission by the State of Florida and not by the US Federal Government. United States v. Williams (1951) United States v. Williams, 341 U.S. 70 (1951), is a decision by the United States Supreme Court that provides that (protecting US citizens' Fourteenth Amendment rights from individuals sworn to uphold laws) may

neg: Federal voting rights in Puerto Rico direct popular vote and that the President and the Vice President shall be elected by electors chosen by the States. Puerto Rico is a territory under the sovereignty of the federal government, but is not part of any state nor is it a state itself. It has been organized (given a measure of self-rule by the Congress) subject to the Congress' plenary powers under the territorial clause of Article IV, sec. 3, of the U.S. Constitution. In the U.S. House of Representatives, Puerto Rico is entitled to a Resident Commissioner, a delegate who is not allowed to vote on the

neg: Unaccredited institutions of higher education In Australia, it is a criminal offence to use the term "university" or to purport to offer university degrees (Bachelors, Masters, Doctors) without government authorization. This authorization is generally given in the form of an Act of a State or Federal Parliament, specifically referring to that institution. (Each state will recognize the institutions authorized under the law of the other states.) Separate to this, there is also the authorization under the Higher Education Funding Act to receive federal government funds for students; this is a separate process from authorization to grant degrees, so some institutions are entitled to grant degrees

neg: Kentucky and Virginia Resolutions supporting the Principles of '98 and President Andrew Jackson opposing them. Years later, the passage of the Fugitive Slave Act of 1850 led anti-slavery activists to quote the Resolutions to support their calls on Northern states to nullify what they considered unconstitutional enforcement of the law. The resolutions opposed the federal Alien and Sedition Acts, which extended the powers of the federal government. They argued that the Constitution was a "compact" or agreement among the states. Therefore, the federal government had no right to exercise powers not specifically delegated to it. If the federal government assumed such powers, its acts

neg: Canadian Charter of Rights and Freedoms was never proclaimed in force. Generally, the right to participate in political activities and the right to a democratic form of government are protected: Rights of people in dealing with the justice system and law enforcement are protected, namely: Generally, people have the right to use either the English or French language in communications with Canada's federal government and certain provincial governments. Specifically, the language laws in the Charter include: Various provisions help to clarify how the Charter works in practice. These include, Finally, Section 34: states that Part I of the "Constitution Act, 1982", containing the first 34 sections

neg: Canadian intellectual property law Circuit Topography Act (S.C. 1990, c. 37). Canadian intellectual property law Canadian intellectual property law governs the regulation of the exploitation of intellectual property in Canada. Creators of intellectual property gain rights either by statute or by the common law. Intellectual property is governed both by provincial and federal jurisdiction, although most legislation and judicial activity occur at the federal level. Under the Constitution Act, 1867, patent and copyright law are the exclusive jurisdiction of the Federal Government of Canada. While trademarks and industrial design are not specifically mentioned by the Constitution Act, the federal government has enacted legislation governing

neg: Canadian intellectual property law Canadian intellectual property law Canadian intellectual property law governs the regulation of the exploitation of intellectual property in Canada. Creators of intellectual property gain rights either by statute or by the common law. Intellectual property is governed both by provincial and federal jurisdiction, although most legislation and judicial activity occur at the federal level. Under the Constitution Act, 1867, patent and copyright law are the exclusive jurisdiction of the Federal Government of Canada. While trademarks and industrial design are not specifically mentioned by the Constitution Act, the federal government has enacted legislation governing both. Canadian courts have upheld these pieces

neg: Shooting of Alton Sterling United States Department of Justice opened a civil rights investigation on July 7, 2016. On May 2, 2017, it was subsequently announced the department would not bring charges against the officers involved. After the Department of Justice announced that it would not charge the 2 officers, Louisiana attorney general Jeff Landry announced that the state of Louisiana would begin an investigation. In a statement, Landry wrote "The USDOJ’s review of this matter was to determine violations of federal law: specifically, federal civil rights laws. To date, this matter has not been investigated or reviewed for possible violations of the Louisiana

neg: Police brutality in the United States against police abuse of authority include the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures; the Fourteenth Amendment to the United States Constitution, which includes the Due Process and Equal Protection Clauses; the Civil Rights Act of 1871; and the Federal Tort Claims Act. The Civil Rights Act has evolved into a key U.S. law in brutality cases. However, has been assessed as ultimately ineffective in deterring police brutality. The federal government can place charges on police officers who commit police misconduct. These prosecutions do not often occur as the federal government tends to defer

neg: Qualified immunity Qualified immunity Qualified immunity is a legal doctrine in United States federal law that shields government officials from being sued for discretionary actions performed within their official capacity, unless their actions violated "clearly established" federal law or constitutional rights. Qualified immunity thus protects officials who "make reasonable but mistaken judgments about open legal questions," but does not protect "the plainly incompetent or those who knowingly violate the law". Qualified immunity frequently arises in civil rights cases, particularly in lawsuits arising under 42 U.S.C § 1983 and "Bivens v. Six Unknown Named Agents". Under 42 U.S.C § 1983, a plaintiff can

neg: Terry Nugent state and those of us who believe in the rights of sovereign states as subscribed to in the United Nations charter, must concede that big or small, friendly or unfriendly, whether we like it or not, that country has the same rights as we have." Nugent received some 300 telegrams of support from Canadians following his speech. Parliament was dissolved after the minority government fell leading to the 1963 federal election. Nugent faced former MP John Decore defeating him by just 2000 votes to win his third and final term in office. The 1968 federal election saw Nugent defeated by

neg: Law of the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud. All states have somewhat similar laws in regard to "higher crimes" (or felonies), such as murder and rape, although penalties for these crimes may vary from state to state. Capital punishment is permitted in some states but not others. Three strikes laws in certain states impose harsh penalties on repeat offenders. Some states distinguish

neg: Protected computer same State." This meant that a hacker who attacked other computers in the same state was not subject to federal jurisdiction, even when these actions may have severely affected interstate or foreign commerce. For example, individuals who attack telephone switches may disrupt interstate and foreign calls. The 1994 change remedied that defect. However, the definition of federal interest computer actually covered more than simply interstate activity. More specifically, 18 U.S.C. § 1030(e)(2)(A) covered, generically, computers belonging to the United States Government or financial institutions, or those used by such entities on a non-exclusive basis if the conduct constituting the offense

neg: Human rights in Argentina of Social Development's Secretariat for Children, Adolescents, and the Family, which then may direct victims to existing social and medical assistance programs. Victims in other provinces usually were assisted by the relevant human rights secretariat. The Prosecutor General's Office of Victim's Assistance continues to provide assistance on an as-needed basis. Although it does not operate victim shelters dedicated to trafficking, the government funds one NGO to operate a victim's shelter. Some victims qualified for federal government assistance, but most provincial officials are not trained to identify or help victims of trafficking specifically. The International Organization for Migration assists with repatriation

neg: Domestic partnership in the United States Domestic partnership in the United States In the United States, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the myriad rights and responsibilities of marriage afforded to married couples by the federal government. Domestic partnerships in the United States are determined by each state or local jurisdiction, so there is no nationwide consistency on the rights, responsibilities, and benefits accorded domestic partners. Couples who live in localities without civil unions or domestic partnerships may voluntarily

neg: Printz v. United States of the federal background check database. However, "Printz v. United States" was an important ruling in support of States' rights and the New Federalism. Professor Ann Althouse has suggested that "Printz" applies to the U.S. government response to the September 11 attacks because "state and local government autonomy can exert pressure on the federal government to moderate its efforts and take care not to offend constitutional rights." In "District of Columbia v. Heller" (2008), the Court adopted the suggestion from Justice Thomas's concurrence that the Constitution grants individuals a personal right to own firearms. U.S. District Judge John Roll, who

neg: Slavery in the United States Section 2 of the 13th Amendment authorizing Congress to establish laws upholding the amendment. The federal government also sent troops to the south to provide protection to the former slaves who were still living among their former masters. During the Reconstruction Era, from January 1, 1863 to March 31, 1877, federal troops were stationed in the south specifically to protect black rights and prevent them from being re-enslaved. However, in the Gilded Age that followed the withdrawal, blacks were left at the mercy of the whites. When African Americans in the South no longer had the protection of federal troops,

neg: Second Bill of Rights at least initially be implemented by legislation, but that did not exclude either the Supreme Court's development of constitutional jurisprudence or amendments to the Constitution. Roosevelt's model assumed that federal government would take the lead, but that did not prevent states improving their own legislative or constitutional framework beyond the federal minimum. Much of the groundwork had been laid before and during the New Deal, but left many of the Second Bill of Rights' aspirations incomplete. Internationally, the same economic and social rights were written into the Universal Declaration of Human Rights in 1948. In federal legislation, the key planks

neg: Federal Acquisition Regulation in question. A second technical data rights scenario occurs when items/technical data is acquired using mixed funding – the Government gets Government purpose rights which allow the Government to go with another vendor provided a non disclosure agreement is signed with that other vendor and any tech data/drawings produced under that other contract are marked in accordance with the DFARS 252.227.7013 clause. If the technical data was developed exclusively at private expense, the Government has limited rights. That means the rights to use, modify, and disclose the data within the Government. But it generally may not, without permission, release the

neg: Human rights in the United States that not all human rights were enumerated in the original United States Constitution. The Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 are examples of human rights that were enumerated by Congress well after the Constitution's writing. The scope of the legal protections of human rights afforded by the US government is defined by case law, particularly by the precedent of the Supreme Court of the United States. Within the federal government, the debate about what may or may not be an emerging human right is held in two forums: the United States Congress, which

neg: R v Sparrow extinguished prior to 1982. The licensing scheme was merely a means of regulating the fisheries, not removing the underlying right, and no historical government policy towards fishing rights amounted to a clear intention to extinguish. The words "recognized and affirmed" incorporate the government's fiduciary duty to the Aboriginal people, which requires it to exercise restraint when applying its powers in interference with Aboriginal rights. It further suggests that Aboriginal rights are not absolute and can be encroached upon given sufficient reason. After the "Sparrow" case, federal or provincial legislation may limit Aboriginal rights only if it has given them appropriate

neg: Breastfeeding in public state and a limited federal law only applies to federal government premises. A United States House of Representatives appropriations bill (HR 2490) contained an amendment specifically permitting breastfeeding was signed into law on September 29, 1999. It stipulated that no government funds may be used to enforce any prohibition on women breastfeeding their children in federal buildings or on federal property. Further, a federal law also enacted in 1999 specifically provides that "a woman may breastfeed her child at any location in a federal building or on federal property, if the woman and her child are otherwise authorized to be

neg: Worcester v. Georgia the United States, in the character of the federal government, inherited the rights of Great Britain as they were held by that nation. Those rights, he stated, include the sole right to deal with the Indian nations in North America, to the exclusion of any other European power. This did not include the rights of possession to their land or political dominion over their laws. He acknowledged that the exercise of conquest and purchase can give political dominion, but those are in the hands of the federal government, and individual states had no authority in American Indian affairs. Georgia's statute

neg: Arlinda Locklear the time, with the reservation suffering from lack of water due to legal issues with water rights. Locklear and the Fort McDowell Yavapai Nation won their case in 1990, and the land around the reservation has since been "in bloom and cultivated". In the late 1980s, Locklear became involved in the Lumbee tribe's battle for federal recognition. In 1885, the tribe had been legally acknowledged by the state of North Carolina, but not the United States government. Despite receiving a federal acknowledgement in 1956, the Lumbee received none of the benefits or entitlements given to other Native American tribes. In

neg: Same-sex unions in the United States Traditionally, the federal government does not attempt to establish its own definition of marriage. Instead, any marriage recognized by a state was recognized by the federal government, even if that marriage was not recognized by one or more other states (as was the case with interracial marriage before 1967 due to anti-miscegenation laws). According to the federal General Accounting Office (GAO), more than 1,138 rights and protections are conferred to U.S. citizens upon marriage by the federal government; areas affected include Social Security benefits, veterans' benefits, health insurance, Medicaid, hospital visitation, estate taxes, retirement savings, pensions, family leave, and immigration

neg: Government Paperwork Elimination Act to maintain records electronically, when practicable. The Act specifically states that electronic records and their related electronic signatures are not to be denied legal effect, validity, or enforceability merely because they are in electronic form, and encourages Federal government use of a range of electronic signature alternatives. The Act seeks to "preclude agencies or courts from systematically treating electronic documents and signatures less favorably than their paper counterparts", so that citizens can interact with the Federal government electronically. It requires Federal agencies, by October 21, 2003, to provide individuals or entities that deal with agencies the option to submit information

neg: Constitution of the Federated States of Micronesia constitution's supremacy over other laws. Article III is the nationality law of the Federated States of Micronesia. Articles IV, V, and VI act as the bill of rights for the Federated States of Micronesia, with Article V specifically protecting traditional rights of tribal leaders, and Article VI granting suffrage to those over eighteen years of age. Articles VII-XI set out of the government of the Federated States of Micronesia, with a separation of powers among three branches—the executive (Article X), legislative (Article IX), and judicial (article XII). Article VII creates a federal system with a national government, as well as

neg: Cultural assimilation of Native Americans Indian against another, or to crimes for which an Indian was already punished by the law of his tribe. The Court issued the writs of "habeas corpus" and "certiorari" to the Indian. The United States Supreme Court case of "Talton v. Mayes" was a decision respecting the authority of tribal governments. This case decided that the individual rights protections, specifically the Fifth Amendment, which limit federal, and later, state governments, do not apply to tribal government. It reaffirmed earlier decisions, such as the 1831 "Cherokee Nation v. Georgia" case, that gave Indian tribes the status of "domestic dependent nations", the

neg: Topfreedom 2006–2010 and earlier, a number of news reports in the United States cited incidents where women were refused service or harassed for breastfeeding in public. In response, a majority of U.S. states have passed laws explicitly permitting nursing in public. The United States federal government enacted a law in 1999 which specifically provides that "a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location." However, these laws generally do not apply to rules imposed by private organizations or

neg: Canadian Confederation of its own when it joined. The delegates from the Maritimes also raised an issue with respect to the level of government—federal or provincial—that would be given the powers not otherwise specifically defined. Macdonald, who was aiming for the strongest central government possible, insisted that this was to be the central government, and in this he was supported by, among others, Tupper. At the end of the Conference, it adopted the Seventy-two Resolutions which would form the basis of a scheduled future conference. The Conference adjourned on October 27. Prince Edward Island emerged disappointed from the Quebec Conference. It did

neg: Federal government of the United States adjudicates "cases and controversies"—matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional, nullifying the law and creating precedent for future law and decisions. The United States Constitution does not specifically mention the power of judicial review (the power to declare a law unconstitutional). The power of judicial review was asserted by Chief Justice Marshall in the landmark Supreme Court Case "Marbury v. Madison" (1803). There have been instances in the past where such declarations have

neg: United States corporate law and be sued. The federal government does not charter corporations (except National Banks, Federal Savings Banks, and Federal Credit Unions) although it does regulate them. Each of the 50 states plus DC has its own corporation law. Most large corporations have historically chosen to incorporate in Delaware, even though they operate nationally, and may have little or no business in Delaware itself. The extent to which corporations should have the same rights as real people is controversial, particularly when it comes to the fundamental rights found in the United States Bill of Rights. As a matter of law, a corporation

neg: Constituent state Constituent state A constituent state is a territorial and constitutional entity forming part of a sovereign state. A constituent state holds administrative jurisdiction over a defined geographic territory and is a form of regional government. Constituent states united in a federal union under a federal government are more specifically known as federated states. Administrative units that are not federated but enjoy a greater degree of autonomy or self-government than others within the same country can be considered constituent states of a larger sovereign state. This relationship is called a federacy. Autonomous republics like Karakalpakstan in Uzbekistan States existing in free

neg: Political positions of Rand Paul immigrants stating that "...[they would] get in the normal line that everyone else gets." Paul believes the issue of medical marijuana is a states' rights issue and that the federal government should not interfere. Paul was one of three U.S. senators in 2015 to introduce a bipartisan bill, CARERS, that would legalize medical marijuana under federal law. Though Paul describes himself as a "social conservative," he was nonetheless described by the AP reporter as holding "libertarian leanings on drugs" as well as believing some drug sentences were too harsh. He announced plans to propose eliminating mandatory minimum sentences for marijuana

neg: States' rights actions have had little or nothing to do with highways and have not been done in the face of any compelling national crisis. An example of this would be the federally mandated drinking age of 21, upheld in "South Dakota v. Dole". Critics of such actions feel that when the federal government does this they upset the traditional balance between the states and the federal government. More recently, the issue of states' rights has come to a head when the Base Realignment and Closure Commission (BRAC) recommended that Congress and the Department of Defense implement sweeping changes to the National

neg: Province and divided the empire into 26 large provinces, styled as Bhukti, Pradesha and Bhoga. In many federations and confederations, the province or state is not clearly subordinate to the national or central government. Rather, it is considered to be sovereign in regard to its particular set of constitutional functions. The central- and provincial-government functions, or areas of jurisdiction, are identified in a constitution. Those that are not specifically identified are called "residual powers." In a decentralized federal system (such as the United States and Australia) these residual powers lie at the provincial or state level, whereas in a centralized federal

neg: Government employees in the United States Government employees in the United States Government employees in the United States includes the United States federal civil service, employees of the state governments of the United States, and employees of local government in the United States. Government employees are not necessarily the same as civil servants, as some jurisdictions specifically define which employees are civil servants; for example, it often excludes military employees. The federal government is the nation's single largest employer, although it employs only about 12% of all government employees, compared to 24% at the state level and 63% at the local level. Non-federal employees in states

neg: Toplessness in public. A public backlash spurred legislators in some jurisdictions to specifically legalize public breastfeeding. The federal government passed a law in 1999 that specifically provides that "a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location." Some women have engaged in acts of "lactivism", or acts of politically motivated public breastfeeding, to assert these rights. In many indigenous, non-Western cultures it is generally acceptable for both men and women to go without clothing that covers the torso.

neg: Confederate States Constitution granted them; not extending beyond the time limited by the Constitution of the Provisional Government." There are several major differences between the U.S. and Confederate constitutions concerning slavery. Some today feel that the Confederate Constitution's Preamble including the phrase "each State acting in its sovereign and independent character" focuses the new Constitution on the rights of the individual States. The Confederate States gain several rights that the U.S. states did not have. For example, they gained the right to impeach federal judges and other federal officers if they worked or lived solely in their state. The Confederate States lose a

neg: Secondary education in the United States the United States attend an independent private preparatory school, a small fraction compared with the 9% who attend parochial schools and 88% who attend public schools. While these schools are not subject to government oversight or regulation, they are accredited by one of the six regional accreditation agencies for educational institutions. It is estimated that some 2 million or 2.9% of U.S. children are home educated. Home schooling is lawful in all 50 states, and although the U.S. Supreme Court has never ruled on homeschooling specifically, in "Wisconsin v. Yoder", 406 U.S. 205 (1972) it supported the rights of Amish

neg: McNally v. United States McNally v. United States McNally v. United States, 483 U.S. 350 (1987), was a case in which the United States Supreme Court decided that the federal statute criminalizing mail fraud applied only to the schemes and artifices defrauding victims of money or property, as opposed to those defrauding citizens of their rights to good government. The case was superseded one year later when the United States Congress amended the law to specifically include honest services fraud in the mail and wire fraud statutes. Julian Carroll became Governor of Kentucky in 1974; that same year, Howard P. Hunt became the chairman

neg: Patriation Reference Minister Pierre Elliot Trudeau, the federal government of Canada sought to patriate the Constitution. Specifically, the aim of the government was to make a request to the United Kingdom Parliament—then the only body with the appropriate legal authority—to amend the Constitution of Canada, adding to it a domestic amendment formula (permitting Canada to henceforth modify the Constitution itself) and entrenching the Canadian Charter of Rights and Freedoms. "Canada would have its own constitution, with a procedure for making future amendments to it, and with a Charter of Rights." Initially, the federal government did not have support from the provincial governments.

neg: Federal tribunals in the United States that some legal matters, specifically those involving "public rights", are inherently judicial, and thus Article I tribunal decisions are susceptible to review by an Article III court. Later, in "Ex parte Bakelite Corp." (), the Court declared that Article I courts "may be created as special tribunals to examine and determine various matters, arising between the government and others, which from their nature do not require judicial determination and yet are susceptible of it." Article IV tribunals are the United States territorial courts, established in territories of the United States by the United States Congress, pursuant to its power under

neg: James Madison government but whether the states should remain sovereign, whether sovereignty should be transferred to the national government, or whether the constitution should settle somewhere in between. Most of the delegates at the Philadelphia Convention wanted to empower the federal government to raise revenue and protect property rights. Those, like Madison, who thought democracy in the state legislatures was excessive and insufficiently "disinterested", wanted sovereignty transferred to the national government, while those who did not think this a problem, wanted to fix the Articles of Confederation. Even many delegates who shared Madison's goal of strengthening the central government reacted strongly against

neg: Political positions of Ron Paul have caused a great deal of harm. We have non-violent drug offenders doing life sentences, and there is no room to incarcerate the rapists and murderers." When asked about his position on implementing the Tenth Amendment, Paul explained, "Certain medical procedures and medical choices, I would allow the states to determine that. The state law should prevail not the Federal Government." Speaking specifically about Drug Enforcement Administration raids on medical marijuana clinics Paul said, "They're unconstitutional", and went on to advocate states' rights and personal choice: "You're not being compassionate by taking medical marijuana from someone who's suffering from cancer

neg: Constitution of Tennessee Some construe the latter provision as prohibiting any form of indentured servitude. Besides the more common human rights, a few other rights are enumerated: Article II of the constitution states that there are to be three separate branches of government: legislative, executive, and judicial. It also explicitly states that no one from one is to exercise rights belonging to any of the others, something considered implicit in the federal constitution or inferred by its interpreters (Sections 1 and 2). The lawmaking power of the state is given to its Legislature, named the General Assembly. The upper house is the Senate

neg: United States federal government shutdown of 2013 Domestic Violence Awareness Month. During the federal government shutdown, the Office of Civil Rights, a unit at the Department of Education responsible for handling sexual assault cases on college campuses ceased investigating claims of Title IX and Clery Act violations. The Clery Act is a federal law that requires full public reporting of campus crime. Title IX is a federal civil rights law which protects people from discrimination based on sex in education programs or activities which receive federal financial assistance. Title IX recognizes sexual harassment of students as form of discrimination and compels schools not only to respond immediately

neg: Voting rights in the United States Legislative issue, where the removal of voting rights is permitted. At the national level, the federal government typically ignored voting rights issues, or affirmed that they were extended. Congress, when exercising "exclusive legislation" over U.S. Military Bases in the United States, and Washington, D.C., viewed its power as strong enough to remove all voting rights. All state and federal elections were canceled by Congress in D.C. and all of Maryland's voting Rights laws no longer applied to D.C. when Maryland gave up that land. Congress did not pass laws to establish local voting processes in the District of Columbia. This

neg: McCarran–Ferguson Act others. And in some cases the rules that applied to out-of-state insurers deprived them of substantial rights. For example, one state required out-of-state insurrers to post a bond that it would not appeal any case to the United States Supreme Court. Insurers early attempted to oust states from regulation by using the constitutional argument that the business of insurance amounted to "Commerce …among the several states" and by virtue of the Commerce Clause of the federal constitution, regulation of it was exclusively given to the federal government. The United States Supreme Court first decided a case on this basis in

neg: Political positions of Ron Paul participation for minorities. Paul has indicated that he did not object to the voting rights clauses, but rather to restrictions placed on property rights by the bill. He felt the federal interference mandated by the bill was costly and unjustified because the situation for minorities voting is very different from when the bill was passed 40 years ago. Many of Texas' Republican representatives voted against the bill, because they believe it specifically singles out some Southern states, including Texas, for federal Justice Department oversight that makes it difficult for localities to change the location of a polling place or other

neg: Recognition of Native American sacred sites in the United States the United States Congress has to separate church and state. The struggle to gain legal rights over the Glen Cove burial grounds in California is among many disputes between Indigenous groups and the federal government over sacred lands. The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations in 2007. The declaration emphasizes the right of Indigenous peoples, some of which include the protection of sacred sites and their religious practices. Articles 11, 12, and 25 of the Declaration specifically addresses these rights. Article 11 of the Declaration states: Article 12 of the Declaration

neg: Canadian Western Bank v Alberta Even if the doctrine of interjurisdictional immunity is properly available, the level of the intrusion on the core of the power of the other level of government must be considered. To trigger the application of the immunity, it is not enough for the provincial legislation simply to affect that which makes a federal subject or object of rights specifically of federal jurisdiction. The difference between "affects" and "impairs" is that the former does not imply any adverse consequence whereas the latter does. In the absence of impairment, interjurisdictional immunity does not apply. It is only if the adverse impact of

neg: Political status of Puerto Rico Political status of Puerto Rico The political status of Puerto Rico is that of an unincorporated territory of the United States. As such, the island is neither a sovereign nation nor a U.S. state. Because of that ambiguity, the territory, as a polity, lacks certain rights but enjoys certain benefits that other polities have or lack. For instance, in contrast to sovereign nations, Puerto Rico does not have voting rights in its federal legislature nor in electing its federal head of government. But, in contrast to U.S. states, residents of Puerto Rico are not subject to federal income taxes. The

neg: Recognition of Native American sacred sites in the United States practices by not limiting access to sacred sites. The AIRF also obliges federal agencies to administer laws to "evaluate their policies in consultation" with Indigenous groups to assure that their religious practices are protected. Nonetheless, Arizona Democratic Representative Morris K. Udall who cosponsor of AIRFA asserted that the Act does "not create legal rights" and "'depends on Federal administrative good will'" for it to be applied. Consequently, Indigenous groups are not able to effectively use AIRFA in their fight against public land management agencies. The Religious Freedom Restoration Act (RFRA) prohibits the federal government from restricting or burdening a person's

neg: U.S. state (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law. States' rights are understood mainly with reference to the Tenth Amendment. The Constitution delegates some powers to the national government, and it forbids some powers to the states. Any powers not granted to the federal government or forbidden to

neg: Anti-German sentiment resident aliens who had German citizenship to register with the Federal government and restricted their travel and property ownership rights. Under the still active Alien Enemy Act of 1798, the United States government interned nearly 11,000 German citizens between 1940 and 1948. Civil rights violations occurred. An unknown number of "voluntary internees" joined their spouses and parents in the camps and were not permitted to leave. With the war ongoing in Europe but the U.S. neutral, a massive defense buildup took place, requiring many new hires. Private companies sometimes refused to hire any non-citizen, or American citizens of German or

neg: Voting rights in the United States than 10 percent of polling places fully compliant with state and federal laws. Many polling booths are set in church basements or in upstairs meeting halls where there are no ramps or elevators. This means problems not just for people who use wheelchairs, but for people using canes or walkers too. And in most states people who are blind do not have access to Braille ballot to vote; they have to bring someone along to vote for them. Studies have shown that people with disabilities are more interested in government and public affairs than most and are more eager to

neg: Freedom of information in the United States States Supreme Court found that Virginia's Freedom of Information Act, which grants only Virginia citizens access to public records and does not grant any such right to non-Virginians, does not violate the Privileges and Immunities Clause (which only protects those privileges and immunities that are "fundamental") or the Commerce Clause (specifically, the Dormant Commerce Clause doctrine) of the United States Constitution. Freedom of information in the United States Freedom of information in the United States results from freedom of information legislation at the federal level and in the fifty states. The federal government is bound by several laws intended to

neg: Alcohol laws of New Jersey a federal enclave, what rights the state reserved when it granted the property to the federal government, and whether the law is criminal or civil. If the federal property is not an enclave, the federal government either has concurrent jurisdiction (shared authority with the state) or proprietary jurisdiction (only the rights of a landowner), and the state can enforce alcohol laws. If the federal property is an enclave, then the federal government has exclusive jurisdiction, unless the state reserved rights when it ceded the land to the federal government. The Assimilative Crimes Act makes it a federal crime to violate