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National Campaign to Restore Civil Rights

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Folder: Resources > ISSUE AREAS > FEDERALISM AND STATES RIGHTS

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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  • Are States Above Federal Law? Should States Have More Rights Than People?