Rabasa and Federalism
Keywords:
federalism, executive, judicial review, federal interventionAbstract
This essay analyses the constitutional thought of Emilio Rabasa in relation to federalism. Although Rabasa is known for having been a critic of the 1857 constitution and its unicameral federalism, this paper casts Rabasa as a defender of a kind of federalism that was favorable to the sovereignty of the states, as opposed to the power of the central government. Rabasa supported this argument in two ways: on the one hand the states should be reorganized to achieve the ideal of “executive governments” and on the other the excessive powers of intervention of the three branches of the federal government over the states had to be curtailed. These two dynamics impeded or hindered, according to Rabasa, the necessary political learning that gave life to federalism.
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