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vol.11 issue1ARGENTINE FEDERALISM: CURRENT SITUATION, CONTENTIOUS ISSUES AND PERSPECTIVESUNCONSTITUTIONAL OMISSION: FOR ITS CONCEPTUAL EXTENSION IN THE PUBLIC POLICIES author indexsubject indexarticles search
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Estudios constitucionales

On-line version ISSN 0718-5200

Abstract

GONZALEZ QUINTERO, Rodrigo. STATES, FEDERATION AND SOVEREINGTY IN THE EARLY JURISPRUDENCE OF THE U.S. SUPREME COURT. Estudios constitucionales [online]. 2013, vol.11, n.1, pp.89-142. ISSN 0718-5200.  http://dx.doi.org/10.4067/S0718-52002013000100004.

Among the distinctive elements of American constitutionalism, federalism should be remarked. Yet, both the proposal and establishment of a federal state -whereby its authority was superior to that performed by the state governments- involved a deep controversial process. Although practical reasons supported the creation of a national structure, the notion of popular sovereignty -so deeply attached to the constitutional tradition of the Colonies- comprised an obstacle to said impulse. The two opinions on the issue, both nationalists and those supporting States' Rights, eventually took their cause before the U.S. Supreme Court. Therefore, the jurisprudence of said high tribunal during its first five decades will be pivotal in defining the Constitution's binding character, as well as that of the federalism within it, as it will determine the valid limits imposed upon State sovereignty.

Keywords : Federalism; Sovereignty; States' Rights; U.S. Supreme Court.

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