UN EJEMPLO DE FUNCIONAMIENTO DE LA "PREEMPTION" NORTEAMERICANA: LA REGULACIóN DE LA INMIGRACIóN

This study analyses the function of “preemption” in the USA. In other words,the “blocking” of the legislative power of the States by virtue of a constitutional or federal legal decision. The study of this nomo dynamic technique is illustrated by a current topic: recent U.S. legislation on immigration in the US States (and even their cities) in a subject traditionally regulated by the Federation.From the analysis described it transpires that U.S. “preemption” has no significant relationship with the “prevalence” of the Spanish constitutional system. US “preemption” only takes on its full meaning in its specific context:federalism in the United States, where although it exists, the distribution of powers has a limited role in the articulation of territorial power, where the States have ample sovereignty and where the limit of the this state sovereignty actually lies in federal power (constitutional or legal) to prevent or displace the exercising of legislative authority originating in the states.