Federalizm w Konstytucji Skonfederowanych Stanów Ameryki. Pomiędzy filozofią polityczną, teorią konstytucyjną a praktyką
Federalism in the Constitution of the Confederate States of America. Between Political Philosophy, Constitutional Theory and Practice
Author(s): Tomasz TulejskiSubject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Kancelaria Sejmu
Keywords: Confederate States of America; United States Constitution; federalism; Civil War
Summary/Abstract: From the beginning of the United States of America, there was the debate about the interpretation of the US Constitution and the meaning of federalism. Opposing the centralisation promoted by the Northern Federalists and later the Nationalists, Southern statesmen countered them with the concept of states’ rights, compact theory and strict construction (interpretation) of the Constitution, which were the basis of the Southern understanding of federalism. These principles were embodied in the Constitution of the Confederate States after the Southern states seceded. In this article, the author analyses the fundamental political principles of the Old South and their genesis. He then examines the Constitution of the Confederate States in terms of the application of these principles to the Confederate constitutional order. Finally, he examines the relationship between constitutional principles and their implementation at the time of the Confederate States of America.
Journal: Przegląd Sejmowy
- Issue Year: 182/2024
- Issue No: 3-4
- Page Range: 97-117
- Page Count: 21
- Language: English, Polish