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National Campaign to Restore Civil Rights

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

  • Organization: NCRCR
  • Date Created: Tuesday, October 10, 2006
  • Submitted: Tuesday, October 10, 2006
  • Attachment(s): PDF | HTM
In recent years, the Supreme Court has significantly curtailed the power of the federal government to enforce laws that protect us and make states accountable to their citizens. The decisions of the Court mean that 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 gets worse. Now, even if a state government violates a law Congress created to protect people's rights-such as the Americans with Disabilities Act or the federal Family and Medical Leave Act-an individual can't go to court to get lost wages, back pay, or any other type of monetary compensation. This leaves workers unfairly fired from their jobs, with almost nothing they can do even when they can prove their state government discriminated against them.