State Resistance to Authority in Federal Unions: The Early United States (1790–1860) and the European Community (1958–94)

Abstract

These quotes point to a puzzle, the puzzle with which this study begins: Within the past forty years, national member-states not only accepted the interpretive authority of the European Court of Justice (ECJ) as the supreme decision maker for conflicts between member-state authority and central federal authority of the European Community (since 1994, the European Union) but also accepted this court's dictates that the treaties forming the community had constitutional status as supreme law in every member state and that European-level law had higher law status within every member state, superseding any national law to the contrary. Indeed, European member-state acceptance of this development advanced much more rapidly than state acceptance of the U.S. Supreme Court in its first several decades. Yet this pattern of respective acceptance of central federal authority runs counter to prevailing understandings of sovereignty.