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Par   •  10 Octobre 2023  •  Dissertation  •  322 Mots (2 Pages)  •  81 Vues

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Comment and discuss the following statement in your own words. Write a maximum of 300 words (+/- 10 %):

Should the federated states be able to choose which federal law or which provision of the Constitution applies within their territory?

To begin with the question of the sovereignty of state parties to a constitutional pact is, in my view, a complex one. Even if the ability of states parties to choose can be seen as a means of respecting regional and cultural diversity, it can have a considerable influence on the balance of power.

Persuant to the Constitution, which gives more power to the federal government, the states parties still have a great deal of autonomy. These include education, social security and criminal law.

For example, we analyze the application of the death penalty and the right to abortion. Each state is free to decide whether or not to apply the death penalty, and each state decides whether or not to apply abortion. These decisions, taken independently of the federal government, can create to legal disparities between the federated states. This sovereignty granted to the states could also lead to fragmentation of the state. Although this sovereignty is intended to better represent local interests and guarantee the protection of citizens' rights, it can create a sense of injustice for citizens of other states.

Let's take the example of abortion : a young woman who can't bring herself to keep a child because of her age may or may not be able to have an abortion, depending on whether she lives in Washington or Texas. Where she lives will determine the rest of her life.

To conclude, this increased sovereignty could call into question the equality of citizens rights on a national scale. While it seems important to ensure that states are represented in a way that meets their specific needs, we must not forget that the balance of this sovereignty must be maintained to ensure national unity and legality.

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