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FIDIC Contracts in the Americas


Page 257

CHAPTER 11

Applying FIDIC Contracts in the United States of America

Joseph F Moore

11.1 Outline of the legal environment in the United States of America

11.1.1 The constitutional structure of the United States of America

The United States of America is a nation governed through a system of federalism and the concept of a national republic. As such, powers are shared amongst the Federal Government and the Governments of the 50 States. Each of the 50 States and the nation of the United States have their own constitutions. The Constitution of the United States identifies which powers are reserved at the national level. Those powers not reserved at the national level are typically within the jurisdiction of each State. Although there are common concepts applied throughout the State Constitutions, each of the State Constitutions is a separate and independent document. Residents of a particular State are entitled to the protections afforded by the Constitution of the State in which they reside plus those afforded by the Constitution of the United States.

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