The founding of such institutions in the mid-nineteenth century was part of a recognition of broader social responsibility for disadvantaged citizens. The balance of state and federal power has been a very delicate one in dealing with citizen rights and the rights of the disabled. This act was the culmination of a series of measures over the years dealing with education, rehabilitation, and other due process and equality issues. Many of these issues had originated as civil rights issues in various states where the rights of the disabled in gaining equal access in society were in question. Yes, action by the government is necessary to guarantee the rights of disabled people.
Equality is a constitutional right and a social responsibility.
All citizens should have equal access. Research on the special difficulties faced by the disabled, however, demonstrates a pervasive, yet often subtle, discrimination in society. If citizens rights are being denied, and the states do not provide remedies, it is the responsibility of the federal government to guarantee those rights. The federal government is the only entity with enough power to address broad and pervasive discrimination issues. In most cases, disagreement between state and federal law is resolved in favor of federal law.