Reception and Critique of the Legacy of the American Federalists in Latin America: Brazil, Argentina and Mexico
American Federalists. Latin American Constitutionalism. Democracy.
This research critically examines the reception and interpretation of the constitutional legacy of the United States in Latin American legal and political thought, focusing on the cases of Brazil, Argentina, and Mexico. Its central objective is to analyze how textbooks and hegemonic interpretations of constitutional law in these countries have presented the legacy of the American Federalists as a paradigmatic model of institutional balance and democracy. The research argues that a significant portion of this literature tends to naturalize the association between liberal constitutionalism and democracy, disregarding the political and social tensions—and even irreconcilable antagonisms—that marked the formation of political institutions in the United States. Adopting a historical-interpretive approach, the study revisits the political context surrounding the consolidation of American constitutionalism after independence, highlighting the role played by conflicts among popular mobilization, the interests of propertied classes, and the construction of institutional arrangements aimed at containing majority rule, within a debate involving groups known as the Anti-Federalists, who were later largely erased from the dominant historical narrative. In this sense, the research examines how institutional devices frequently celebrated in constitutional scholarship—such as bicameralism, political representation, federalism, presidentialism, the system of checks and balances, and the absence of citizen participation in the judiciary—may also be interpreted as institutional mechanisms designed to filter the direct political intervention of non-propertied classes. By problematizing these interpretations and recovering critical perspectives often marginalized in political historiography, the research seeks to contribute to a more complex understanding of the circulation of constitutional ideas in Latin America.