Malcolm Rivera
The United States Constitution has been a notable model for governance worldwide, with its influence seen in the principles of the rule of law, separation of powers, and recognition of individual rights. The creation of the US Constitution involved debates between nationalists and anti-federalists, with nationalists like Madison arguing for a government based on the people rather than state legislatures. This nationalist position favoured a “supreme power” capable of exercising authority and shaping national identity. The concept of constitutional patriotism, associated with post-nationalist identity, suggests that people should form attachments to the norms and values of a pluralistic liberal democratic constitution rather than a national culture. In Spain, constitutional patriotism emerged as a way to unify the country while moving beyond ethnic and nationalist tendencies. Similarly, in Germany, Habermas argued for a post-national identity that moved away from ethnically homogeneous nation-states. Federalism has been described as the new nationalism, with a focus on national power and politics rather than state autonomy. The nationalist school has contributed to this by disaggregating the states and federal government, paying attention to substate, local, and sublocal institutions, and highlighting how structural arrangements shape national debates.
| Characteristics | Values |
|---|---|
| Nationalist arguments in the US Constitution are led by Madison | Madison believed that the constitution should be ratified through conventions of the people and not by Congress and state legislatures |
| Constitutional patriotism | People should form a political attachment to the norms and values of a pluralistic liberal democratic constitution rather than to a national culture or cosmopolitan society |
| Constitutional patriotism in Spain | Constitutional patriotism emerged in Spain following the creation of the 1978 constitution as a way to unify the country while overcoming ethnic and nationalist tendencies |
| Constitutional patriotism in Germany | Habermas believed that a nationalistic collective identity was no longer feasible in a globalized modern world |
| Federalism as the new nationalism | Federalism has had a resurgence and is now deeply nationalist in character |
| Nationalist school of thought | Focuses on the rights side of the US Constitution, particularly the First Amendment |
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What You'll Learn
The nationalist school's expansion of federalism's ends
The nationalist school of thought has offered a more nuanced perspective on federalism by disaggregating the traditional understanding of the states and the federal government as separate entities. Instead, they argue that federalism serves nationalist ends and can be a tool to safeguard the separation of powers. This perspective challenges the conventional view of federalism, which emphasizes state autonomy and independent state policymaking. By focusing on the institutional features required for a diverse nation to succeed, nationalists argue that state power is essential for a robust national democracy.
One of the key contributions of the nationalist school is its emphasis on the "discursive benefits of structure." They argue that structural arrangements, such as constitutional frameworks, set the stage for national debates, accommodate political competition, and facilitate the resolution of normative conflicts. Rather than solely focusing on the distribution of power, nationalists consider how national identity is shaped by these underlying structures. This perspective highlights the role of federalism in promoting democratic engagement and shaping the nation's political landscape.
Additionally, the nationalist school challenges the notion that federalism inherently conflicts with nationalism. While traditional federalism emphasizes state autonomy, nationalists argue that states can serve as agents of the national government, collaborating to check executive power. In joint regulation efforts, states can act as a check on an overreaching executive branch, enlisting the support of Congress and the courts. This perspective highlights the potential for federalism to strengthen the separation of powers and protect against the concentration of authority.
In conclusion, the nationalist school's expansion of federalism's ends offers a more nuanced understanding of the relationship between nationalism and federalism. By recognizing the discursive benefits of structure, the importance of state power in a national democracy, and the practical implications of federalism's horizontal dimensions, nationalists provide a compelling argument for how federalism can serve nationalist ends. This perspective challenges traditional conceptions of federalism and opens up new avenues for scholarly exploration and political debate.
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Nationalist contributions to democratic debate
The concept of nationalism has been a significant force in shaping democratic debate and political systems worldwide. While the term “patriotism” has often replaced "nationalism" in modern usage, the influence of nationalist thought on democratic debate remains profound. One notable example is the United States Constitution, which was influenced by nationalist ideals during its formation.
During the creation of the US Constitution, nationalists played a crucial role in shaping the proceedings. Led by Madison, they advocated for a strong national government, arguing that a "federation" based on good faith among parties would be ineffective. Nationalists successfully persuaded others that any new constitution should be ratified by "the people" rather than Congress or state legislatures, reflecting their belief in popular sovereignty. This demonstrated their commitment to bringing the issue before a wider audience and ensuring ratification.
Nationalists have also contributed to democratic debate by focusing on the structural arrangements that frame political competition and normative conflict. They emphasize the "discursive benefits of structure," considering how national debates and identity are influenced by these structures. This perspective offers a descriptive and normative account, moving beyond traditional federalism's emphasis on state autonomy. By disaggregating state and federal governments into their component parts, nationalists provide a more nuanced understanding of institutional power dynamics.
Additionally, nationalists have offered insights into safeguarding the separation of powers. Bulman-Pozen, for instance, argues that federalism serves the nationalist goal of checking executive power. In cooperative federal regimes, states can challenge executive overreach by enlisting the courts as allies and focusing attention on congressional aims. This perspective shifts the narrative away from Congress's enforcement of its prerogatives.
In modern democratic states, the concept of “constitutional patriotism” has emerged as a post-nationalist identity. This idea, associated with theorists like Habermas, Fossum, and José Luis Rodríguez Zapatero, proposes that individuals form a political attachment to the norms and values of a pluralistic liberal democratic constitution rather than a national culture. Constitutional patriotism emphasizes inclusive concepts of citizenship and a sense of identification with a political system that guarantees freedom and equality for all citizens. This concept has been particularly relevant in countries like Spain, where it has helped unify a diverse population while moving beyond ethnic and nationalist tendencies.
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Federalism as a nationalist goal
Federalism has been described as the new nationalism. This is a departure from traditional accounts of federalism, which nationalists have often been sceptical of. However, recent scholarship has charted new paths that align with nationalist concerns.
Nationalists have long been concerned with the discursive benefits of structure. They focus on the constitutional structure and federalism, believing that structural arrangements help tee up national debates, accommodate political competition, and work through normative conflict. This is in contrast to most federalism scholarship, which foregrounds the distribution of power. The nationalist school disaggregates the states and the federal government into their component parts, pushing federalism to a more granular level, and paying attention to its horizontal dimensions.
One of the distinctive contributions of the nationalist school is the idea that federalism serves the nationalist goal of safeguarding the separation of powers. In cooperative federal regimes, states help to check executive power. They cast themselves as champions of Congress and enlist the courts as allies, thereby converting one of Congress's worst habits—its delegation of broad authority to other actors—into a constitutional virtue.
The nationalist school has also identified new institutional means for achieving its ends. It has developed new justifications for devolution, which pivot off of nationalist concerns. This includes a focus on the interaction between the national and local levels of government, and the "rules of engagement" to guide these interactions.
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Nationalist arguments for safeguarding the separation of powers
The concept of separation of powers is a fundamental principle that underpins the United States' political system. It is a mechanism to ensure that no individual or institution becomes too powerful, thereby protecting individual rights and safeguarding democracy. The nationalist school of thought has made significant contributions to this concept, particularly in highlighting the "discursive benefits of structure".
Nationalists have long been skeptical of traditional accounts of federalism, which emphasize state autonomy and view it as separate from national power and politics. However, the nationalist perspective offers a more nuanced understanding by disaggregating the states and federal government into their component parts and examining the interplay between them. This perspective recognizes the importance of substate, local, and sublocal institutions in the distribution of power.
Bulman-Pozen, a prominent scholar, argues that federalism serves the nationalist goal of safeguarding the separation of powers. In her view, states in cooperative federal regimes act as a check on executive power. They enlist the support of the courts and Congress to counter any overreach by the executive branch, thus preserving the balance of power. This perspective challenges the notion that Congress must solely enforce its prerogatives and instead highlights how federalism can convert Congress's delegation of authority into a constitutional strength.
The Framers of the Constitution, influenced by their experience with the British monarchy, believed in the importance of separating governmental powers to prevent arbitrary and oppressive actions. James Madison, in Federalist No. 48, warned against concentrating all powers in a single entity, stating that it "may justly be pronounced the very definition of tyranny." The US Constitution reflects this belief by clearly outlining the roles and responsibilities of the three branches of government: the Legislative, Executive, and Judicial branches.
The separation of powers allows for checks and balances, with each branch having the ability to counter any encroachment by another. For example, while the President can veto legislation passed by Congress, Congress can overrule these vetoes with a supermajority vote. Additionally, Congress has the power to impeach and remove the President, Vice President, and civil officers, further ensuring a balance of power.
In conclusion, nationalist arguments for safeguarding the separation of powers emphasize the importance of structural arrangements in teeing up national debates, accommodating political competition, and managing normative conflict. By focusing on the distribution of power across different levels of government, nationalists provide a more comprehensive understanding of federalism and its role in maintaining a balanced and democratic political system.
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Constitutional patriotism
The purpose of constitutional patriotism is to enable and uphold a liberal democratic form of rule that free and equal citizens can justify to each other. It results in policy recommendations that differ from those advocated by liberal nationalists. However, some critics argue that it is too abstract and insufficiently substantive, while others claim that it is bound to its origin in postwar Germany.
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Frequently asked questions
Constitutional patriotism is the idea that people should form a political attachment to the norms and values of a pluralistic liberal democratic constitution rather than to a national culture or cosmopolitan society. It is associated with post-nationalist identity.
Constitutional patriotism emerged in Spain following the creation of the 1978 constitution as a way to unify the country while overcoming ethnic and nationalist tendencies. It is also seen as a common identity in Switzerland, where the cornerstones of Swiss national identity are direct democracy, neutrality, and federalism.
Nationalism is a method for mobilizing public opinion around a new state based on popular sovereignty. Nationalism is particularly prominent with groups that do not yet have a state, and a definition of nation and nationalism purely in terms of belonging to a state is a non-starter.
The nationalist school has focused on the "discursive benefits of structure" and has identified new institutional means for achieving the ends of federalism. This includes disaggregating the states and federal government into their component parts, pushing federalism to local and sublocal institutions, and paying attention to federalism's horizontal dimensions.
The US Constitution has been influenced by nationalist arguments, such as the proposal for a supreme court veto over national legislation and the belief that the constitution should be ratified through conventions of the people rather than by Congress and state legislatures.
