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A sovereign state is a state that has the supreme sovereignty or ultimate authority over a territory. [1] It is commonly understood that a sovereign state is independent . [ 2 ] When referring to a specific polity , the term " country " may also refer to a constituent country, or a dependent territory .
With "sovereignty" meaning holding supreme, independent authority over a region or state, "internal sovereignty" refers to the internal affairs of the state and the location of supreme power within it. [47] A state that has internal sovereignty is one with a government that has been elected by the people and has the popular legitimacy.
It validates national debt created under the Articles of Confederation and requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states' constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict ...
The sovereignty extends to tribal enterprises [28] and tribal casinos or gaming commissions. [29] The Indian Civil Rights Act does not allow actions against an Indian tribe in federal court for deprivation of substantive rights, except for habeas corpus proceedings. [26]
This form of limited sovereignty (commonly called "dual sovereignty" or "separate sovereigns" in the language of constitutional law) is derived from the 10th Amendment to the Constitution, which states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States ...
If any federal or state statute or regulation conflicts with the Constitution, the language of the U. S. Constitution controls. Also, even if a state constitution conflicts, the U.S. Constitution ...
Sometimes, the Supreme Court has even analogized the States to being foreign countries to each other to explain the American system of State sovereignty. [41] However, each state's sovereignty is limited by the U.S. Constitution, which is the supreme law of both the United States as a nation and each state; [42] in the event of a conflict, a ...
In 2009–2010 thirty-eight states introduced resolutions to reaffirm the principles of sovereignty under the Constitution and the 10th Amendment; 14 states have passed the resolutions. These non-binding resolutions, often called "state sovereignty resolutions" do not carry the force of law. Instead, they are intended to be a statement to ...