Diritti fondamentali e integrazione federale. Origini, applicazioni e interpretazioni della due process clause nella Costituzione americana
This article analyzes the emergence and the development of the fundamental rights doctrine in the United States, starting with the debates of the revolutionary era up to the recent applications of the due process clause of the 14th amendment in the U.S. Supreme Court’s case law.
The article aims at stressing the essential contribution of the fundamental rights doctrine to the federalizing process of American Nation, encompassing issues such as the supremacy of Supreme Court’s case law over the whole Nation, and the possible cooperation among States’ Constitutional law and the Federal Constitution in the framework of the New Judicial Federalism. Finally, the article provides for hints for a comparison between the American experience and the integration of fundamental rights underway in the European landscape.