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Abstract:
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Because the conflicts that led to the American Revolution mainly arose from
constitutional issues, the history of these conflicts offers lessons for the design of the new
European Union constitution. One lesson is the importance of avoiding needless conflicts
between federal and member-state governments. In particular, forcing decisions on where
sovereignty lies may cause great conflict. Another lesson is that a federal system depends on
good will among the federal and member-state governments, and because this good will is easily
dissipated, efforts should be made to nurture it. Federal exercise of power will often alienate
member states; thus, a sensible strategy is to grant the federal government only the minimal
powers that a strong consensus agrees it must have, and to change these powers only by strong
consensus. Removing "democratic deficits" may not be sufficient in many cases to give
legitimacy to exercise of federal power; minorities may require protection by constitutional
limits on federal powers. |
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