Resumen de Federal exceptionalism and constituent power: Afterword to the Foreword by Sergio Verdugo

Nicholas Aroney, Erin F. Delaney, Stephen Tierney

• Sergio Verdugo makes a powerful and cogent attack on constituent power. Nevertheless, we ask whether he has rushed to judgment in concluding the theory has outlived its usefulness, as he fails to take into consideration the complexities federation might introduce. In this Afterword, we present an argument for why the federal form might encourage or require a reconceptualization or reevaluation of constituent power, and we advocate a fuller exploration of “federal exceptionalism” before scholars pass judgment on the concept.