Disability law and federalism

A federal mandate is a requirement the national government places on states, local governments or private parties. The Americans with Disabilities Act requires public buildings, transit and employers to provide access and accommodations for people with disabilities. Congress provided little money to pay for those changes, so the law is often given as an example of an unfunded mandate.

It is a case of national power reaching into areas states and businesses once handled themselves, the opposite of dual federalism.

Each choice

• A. The supremacy clause makes national law supreme over state law. State supremacy is the reverse, and the ADA is national law binding the states.
• B. Horizontal federalism describes relations among the states, like full faith and credit. The ADA runs from the national government down.
• C. Affirmative action gives preferences to remedy past discrimination. The ADA requires access and accommodation, which is a different thing.
• D. Dual federalism keeps the national and state governments in separate spheres. A national law setting rules for state buildings and services crosses that line.
• E (correct). The ADA is a national requirement imposed on states, localities and businesses, which makes it a federal mandate.