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Section 1983 And Federalism, Richard Briffault
Section 1983 And Federalism, Richard Briffault
Faculty Scholarship
The relationship between the themes of federalism and individual rights is one that runs deep in American intellectual and social history. And it is one that has changed drastically with changes in the conditions and temperament of our society.
In the early days of the Republic, federalism was viewed as. a means of protecting individual rights from the tyranny of a unified central government. The Civil War brought with it a rejection of this guiding principle. State autonomy came to be seen not as a means to protect the individual from government abuse but rather as the primary source of …