Federalism, Subnational Constitutionalism, and the Protection of Minority Rights in the United States

This paper considers the connection between federalism and the advancement of minority rights in the United States in the context of an emerging consensus that federal systems are crucial for securing these rights. The paper examines the distinct divisions of authority between nation and state and between nation and (ethnic or Native) tribe to assess what each teaches about the protection of the rights of minorities in the American context.