O federalismo americano: um modelo para a Europa?

Abstract

The political system created by the Constitution of the United States has been a reference to federal experiences since the 19th century. Although it was conceived to frame the internal structure of a national State, it is often recalled by contemporary debates dealing with issues of regional integration, among which we find the discussions surrounding the European Union. To answer the question enunciated in the title, and considering it from the standpoint of federalist theories, this work intends to present the political and philosophical meaning of American Federalism. I seek to expose that the federal model presented by the 1787 Constitution was not easily accepted when it was proposed, because contrary to the idealized view with which it is generally covered, it presents several antidemocratic elements. By summoning certain aspects of United Sates constitutional history I indicate the conflicting principles and eventually point their effects over American federal system. Finally, I examine how far this model could help to solve the union’s stability issues that the EU has recently faced.

DOI: http://dx.doi.org/10.21747/21836892/fil33a12