To the Editor,
Most of us have a general idea of responsibilities of officials we elect and those they additionally hire for the benefit of the public.
We expect all in government to operate for us and not for secret and/or for evil purposes. We demand they be chronically fair to the public trust as that is essential for good government. We should expect transparency in purposes, obligations, and that they do only lawful and benign acts.
The 14th Amendment with various higher federal court decisions may conflict with certain claimed “States Rights” as states remain inferior to the common good. For instance, by the 14th Amendment state and local administrative officials simply CANNOT LIE in routine pursuit of their duties.
The problem that many state and local officials have with the American Disability Act is that it tends to be rather specific as to what it means. “States Rights” may be a catchy sounding term but it cannot mean eclipsing “Federal Supremacy” where it exists for promoting the general welfare and fighting against ignorance, stupidity and willing abusers.
“A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act [ADA]. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.”
But, as access to courts can be denied by intentional design, other means to deal with state and federal violations include the use of applicable “Self-Executing Laws” which do not require any further court action. Our President in his Second Inaugural mentioned using “Self-Executing Laws” as a long useful option which I was long aware of and am now applying ... Thanks!
A state normally has jurisdiction over its inhabitants but that Right can be lost thereby making a citizen NOT subject to state and local police powers as that could also constitute further abuse.
Recent key court decisions generally help to strengthen the ADA as states “doth protest too much.” The ADA can be used as a weapon against any state corruption that disadvantages the population in general as well as the disabled “whether intended or not.”
And, another tool against corruption is public awareness which is what my letters are designed for. Be positively involved in important discussions if you can be.
Most important, never forget the assistance that any of us might need from first responders, private and governmental, remembering that need never, never is to be an excuse for abuse.