The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
Now in Federalism in the true sense—and I regard the constitution of the
United States as the archetype—there is no such subordination. The
authority of the constituent states and of the Federal nation are distinct
and independent of one another. The Governor of the State is appointed not
by the Federal authority, but by the State itself, whose servant he is.
There is no “Crown” to serve as a common denominator of State and Federal
Executives.(13) The one is not subordinate to the other, but is
co-ordinate with it. The legislation of the State is subject to no
external veto by the President. Nor is it subject to a legislative veto.
In all matters not expressly conceded to the Federal Legislature, the
State Legislatures remain as supreme after the enactment of the Federal
Constitution as they were before it. In the legislative, as in the
executive, sphere, the two authorities are co-ordinate. So with the
judiciary. The decisions of the State Courts, in so far as they deal with
State matters, and do not involve the interpretation of the Federal
Constitution, are final and subject to no appeal to the Supreme Court at
Washington. Conversely, Federal Circuit Courts exist independently of the
State Courts to decide cases arising under Federal statutes or involving
the interpretation of the Federal Constitution, and their judgments are
enforced not by the State Executive but by the Federal Executive, which
has its own marshals for the purpose. Nor can an act done by a Federal
official, in obedience to a Federal statute, be punished by the State
Court, even though it appear to involve a breach of a law of the
State.(14)
Public-domain text, read in full here on John Shaqi.
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