The European Court of Justice Slaps Down Hungary: A Defense of Modern Federalism

The European Court of Justice (ECJ), the E.U.’s supreme court, which like the U.S. counterpart can overrule state courts, ordered the E.U. state of Hungary to pay a lump sum of €200 million and €1 million per day of delay from June 12, 2024 because the state government had disregarded “the principle of sincere cooperation” between states in taking in their fair share of foreign asylum-seekers and “deliberately” evaded implementing the federal law that directs the states how to treat those people who enter the E.U. through the state seeking political asylum.[1] The state government had made it “virtually impossible” for asylum seekers to file applications.[2] Similar to the Nullification Acts passed by the state government of South Carolina in the U.S. when that union was between 30 and 40 years old, the decision of Hungary to ignore the ECJ’s ruling on the matter in 2020 could not be tolerated by federal authorities, for a federal system of dual sovereignty (i.e., some held at the federal level and the rest at the state level) cannot survive if state governments can unilaterally decide to nullify, or ignore federal law. That federal directives in the E.U. reply on implementation into law at the state level just makes the E.U. more vulnerable should a state government so easily dismiss federal law. Why even be in a union if its law is deemed not worthy of respect?

The full essay is at "The ECJ Slaps Down Hungary."

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1. Jorge Liboreiro, “ECJ Finds Hungary with €200 Million over ‘Extremely Serious’ Breach of E.U. Asylum Law,” Euronews.com, June 12, 2024 (accessed June 13, 2024).
2. Ibid.

Brexit as a Contribution to Political Development

Britain’s secession from the E.U. was, I submit, based on a reaction within the state against it having given up some of its sovereignty to the European Union. The American states too were originally (i.e., from 1776) fully sovereign until they gave up some limited (i.e., enumerated) sovereignty to the federal level in 1789. In 1861, South Carolina, like Britain, also sought to secede based on the view that too much sovereignty had been transferred. Unlike the UK, however, SC (and then the other seceding states) resorted to force. Although the process of Britain’s secession was arduous, I submit that South Carolina and federal officials had been excessively rigid. Even though the “dual sovereignty” of the European and American federal systems is perpetual, only the E.U. allows for peaceful secession. This evinces a step forward in the political development of federalism. Both a federal union and a strongly anti-federalist state are better off with secession being possible, especially if the process is peaceful. Europe deserves to be congratulated, and America would do well in taking a lesson in order to benefit from the advance. Peaceful secession can be done in a federal system of dual (i.e., federal and state) sovereignty.

The full essay is at "Congratulations to Europe!"

The Euroskeptic Ideology: Inherently Exogenous to the E.U.

At the root of the matter of Britain's secession from the Union, I submit, is a starkly Euro-skeptic, or Anti-federalist, ideology that viewed the E.U. as a network to which the sovereign state of Britain belongs, as PM David Cameron said before the secession referendum. Unfortunately, this view ran up against the reality of the E.U.'s federal system in which the federal level too had some sovereignty. Even the mechanism of qualified majority voting involves a loss of sovereignty for the state governments. The discordance can be heard in a speech given by William Hague of the British government at the end of May in 2013 in which he advocated that state legislatures should be able to block E.U. laws proposed by the European Commission.[1] At the time, a state legislature could use a “yellow card” to object to a proposal that could presumably be better legislated and enforced at the state level. Hague wanted a “red card” option that a state legislature could use to block legislation. This proposal reflects the Nullification Acts passed by the government of South Carolina in the early 1830s, which prompted the U.S. to resist strongly as the union itself could have unraveled. Aside from the exogenous ideology itself in the E.U., two problems with Hague’s proposal can be identified. I contend that the problems stem from, and thus can point to, the underlying ideology that is inherently at odds with modern federalism, in which dual-sovereignty is a prominent attribute.

Should the state legislatures dominate the EU's legislature?  The British state government says yes. Would the Union wither and die?  Source: mapperywordpress.com

The full essay is at "A Euroskeptic Government in the E.U."

1. “William Hague Demands Right to Show ‘Red Card’ to European Union,” The Huffington Post, May 31, 2013.

President Trump: Revisiting Presidents Jackson and Lincoln on their Statesmanship

In an interview in 2017, U.S. President Donald Trump said he wondered why the issues leading to the U.S. Civil War “could not have been worked out” to prevent the republics from exiting the U.S.[1] “People don’t realize, you know, the Civil War, if you think about it, why?”[2] In particular, “People don’t ask . . . why was there the Civil War? Why could that one not have been worked out?”[3] The reigning assumption has been that President Lincoln could not have resolved the dispute short of going to war. Trump then suggested that had President Andrew Jackson been president rather than Lincoln, we “wouldn’t have had the Civil War.”[4] Aside from the point that Jackson was a Southerner, his feat in resolving the Nullification Crisis without a shot being fired suggests that Trump had a point; the war between the C.S.A. and U.S.A. could have been averted. More importantly, the mentality that won the war may not be as salubrious as we suppose.

The full essay is at "Presidents Jackson and Lincoln: Statescraft."

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[1] Jonathan Lemire, “Trump Makes Puzzling Claim About Andrew Jackson, Civil War,” The Sacramento Bee, May 1, 2017.

[2] Ibid.

[3] Ibid.

[4] Ibid.

The Scots Weigh Independence from Britain as the British Consider Leaving the E.U.

The debate over whether the Scottish region of Great Britain should secede from the UK extends beyond whatever provincial interests unite and divide the state’s regions; it "is also part of a larger question that extends well beyond Britain, to Texas and Colorado, for example, and elsewhere: What are the benefits and drawbacks of larger, politically diverse countries, compared with smaller, more homogeneous ones?"[1] Yet is Britain a large, heterogeneous country even as it is a state in the European Union? Texas is much larger, and yet it too is a state in a union of relatively homogeneous states.

The full essay is at "Essays on the E.U. Political Economy," available at Amazon.

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[1] Katrin Bennhold, "How Scottish Independence Relates to Larger Tax Fights," The New York Times, August 21, 2014.

Anti-Federalist Britain: South Carolina on Steroids

If Douglas Carswell, a member of the House of Commons, had his way, Britain would secede from the E.U. before Prince Charles could say, “hip hip!” Carswell's Private Member's Bill, submitted for debate in late October 2012, would repeal the European Communities Act (1972), by which Britain became a state in the former European Economic Community in 1973 (after France had vetoed Britain’s first request). Although Private Member’s Bills rarely become law in Britain, merely having a debate on whether to have a referendum on the question of whether the Kingdom should secede from the empire-level union would stir the pot. The Prime Minister, who was on record in support of not pulling out of the union, but for only economic reasons as his state had been benefitting from the large common market. So even if Carswell’s effort is ultimately unsuccessful, even such a revolt by Tory back-benchers could undercut David Cameron’s power in the midst of a languid economy in the state.

The complete essay is at Essays on Two Federal Empires, available at Amazon.

PM David Cameron of Britain at the European Council. Is he onboard?     AFP/Getty