La protección judicial del individuo desde el postulado federal de los EE.UU

Abstract

Historically, individual rights protection on American constitutional grounds might be explained through economic reasons. Those reasons were a consequence of territorial expansion, coast-to-coast, during the XIX Century. Encouraging industrial production justified all kind of activities such as slavery, judicially enforced even by Supreme Court decisions. Tensions between Northerners and Southerners upon slavery matters ended up on Civil War. Recognition of state’s competencies being the core of the matter. It was until the next constitutional crisis, after President Roosevelt’s intervention on increasing federal regulation (during the 1929 economic depression) when federal competencies started to dominate over state’s rights. Federal protection of individual rights has functioned in a very stable manner until today. But probably, that scheme of protection would not be the same after 2017 presidential term.