Wednesday, September 25, 2019
Public Law Essay Example | Topics and Well Written Essays - 1500 words - 1
Public Law - Essay Example (Author 1999) (Hinsley 1986) The United States of America supports a federal type of system wherein the state government functions as a separate entity and has got nothing to do with the central government. The United States prefers what we call the ââ¬Å"clipped sovereigntyâ⬠. It needs to be noted than in terms of constitutional sovereignty, the federal law is supposed to be placed at a higher pedestal when compared with state law. Hence, if the need of the hour demands the state government to tone down their policies and legal status with regards to the federal system, they would have no choice but to comply. The clipped sovereignty has been showcased in a perfect manner through a relevant sentence in the Article IV of the constitution. (Bloom and Johnson 2001) (American Philosophical Association, Sage School of Philosophy, JSTOR 1964) ââ¬Å"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.â⬠(Bloom and Johnson 2001) European countries, with special regards to Germany, Switzerland, Austria, Belgium and the European Union, follow an Upper Federal House System. Out here, there is no election but the composition is based on the governments of their constitution. In Germany Adolf Hitler viewed federalism as an obstacle and he wrote about it in his book Mein Kampf. He wrote, ââ¬Å"National Socialism must claim the right to impose its principles on the whole German nation, without regard to what were hitherto the confines of federal states.â⬠(Hitler 1998) ââ¬Å"Those uncomfortable using the ââ¬Å"Fâ⬠word in the EU context should feel free to refer to it as a quasi-federal or federal-like
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