Resources
Under a theory developed over the last few years by groups such as the Federalist Society and increasingly accepted in the courts, states are arguing that the federal government has no right to make them accountable under federal law. In recent decisions, the Supreme Court has curtailed the power of the federal government to enforce laws that protect us and make states accountable to their citizens. People often can't sue their state governments even when those governments violate the law and someone's rights-unless that state agrees to be sued. Sounds wacky? It is.
Resources
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What Is Federalism - and Why Should You Care?
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Brennan Center's <I>It's Not About Federalism</I> Project
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Op-Ed: Federalism Means Butting Out of the States' Business
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Gunning for Congress: On Alito's Federalist Bent
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Are States Above Federal Law? Should States Have More Rights Than People?
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Federalism Without Tears: Why Principles Should Give Way to Pragmatism on States' Rights Issues
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Alive and Kicking: Jack M. Balkin on How Our Constitution Is Not Dead