“Federal equality legislation is enacted by the representatives of the state’s citizens, presumably because their state governments are unresponsive to the demands of certain groups for protection. Within limits imposed by the Supremacy Clause, our dual sovereign system permits citizens to choose the sovereign most likely to respond to their interests. The argument that the state deserves protection from the successful legislative efforts of its citizens is inconsistent with the freedom given to those citizens to pursue their interests in the most responsive forum. A vindication of state sovereignty claims means acceptance of the proposition that the state has interests separate and distinct from those of its citizens. Assuming that this proposition may be acceptable in some arenas of operation, within the arena of equality, the interests of the state and its citizens cannot differ.”

Source: Linda S. Greene. Twenty Years Of Civil Rights: How Firm A Foundation? 37 Rutgers L. Rev. 707,738. 1984-1985.


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