3 ms·

There are federations whose capital is part of a state or a state itself. Did this problem occur anywhere in practice?

by anoncake 6y ago

jcranmer 6y ago
That's an interesting question. In doing some research to formulate an answer, it really is quite striking that the US Constitution is the first of its kind, in that it conceives of a federation of co-equal sovereign states combined under a federal sovereign state. The Federalist Papers explicitly compare the proposed model against the then-existing models of Germany (i.e., Holy Roman Empire), Poland, Switzerland, Netherlands, and then-US. Keep in mind that none of those countries retain their same government form today. In the Federalist Papers, the Netherlands is explicitly singled out for the problem of the domination of one state (Holland) over all the others, although my understanding of their history is that the state started out that way, so it's not a problem caused by the capital being part of Holland's territory. There are other examples I can think of single-state-dominant confederations (Germany provides a few examples!), but again, I'm hard-pressed to attribute any cause of that to the actual location of the capital. At the end of the day, I don't think it would be a problem today. However, a lot of that also derives from having 200+ years of case law and custom firmly cementing the roles of federal and constituent state in a federal republic. In 1787, when the Constitution was written, that custom and precedent doesn't exist. When you're arguing that a federal government needs its own locus of power, independent of state authority, and a lot of people fear giving it that power, giving it a territory where no state can reasonably claim to be able to exercise state authority goes a long way to letting that locus of power be truly established.

3 ms·

There are federations whose capital is part of a state or a state itself. Did this problem occur anywhere in practice?

by anoncake 6y ago

There are federations whose capital is part of a state or a state itself. Did this problem occur anywhere in practice?

jcranmer 6y ago
That's an interesting question. In doing some research to formulate an answer, it really is quite striking that the US Constitution is the first of its kind, in that it conceives of a federation of co-equal sovereign states combined under a federal sovereign state. The Federalist Papers explicitly compare the proposed model against the then-existing models of Germany (i.e., Holy Roman Empire), Poland, Switzerland, Netherlands, and then-US. Keep in mind that none of those countries retain their same government form today. In the Federalist Papers, the Netherlands is explicitly singled out for the problem of the domination of one state (Holland) over all the others, although my understanding of their history is that the state started out that way, so it's not a problem caused by the capital being part of Holland's territory. There are other examples I can think of single-state-dominant confederations (Germany provides a few examples!), but again, I'm hard-pressed to attribute any cause of that to the actual location of the capital. At the end of the day, I don't think it would be a problem today. However, a lot of that also derives from having 200+ years of case law and custom firmly cementing the roles of federal and constituent state in a federal republic. In 1787, when the Constitution was written, that custom and precedent doesn't exist. When you're arguing that a federal government needs its own locus of power, independent of state authority, and a lot of people fear giving it that power, giving it a territory where no state can reasonably claim to be able to exercise state authority goes a long way to letting that locus of power be truly established.