They should be. When the states ratified the US Constitution, they all thought they could secede. Nobody at the time said they couldn't. But 70 years later by the time some states wanted to secede other states saw that they would lose a lot of money if those states left - so they started a war to stop them from leaving. After the war was over then the Supreme Court said states couldn't secede *you wouldn't really expect the Supreme Court to say anything different right after the war did you?
Wasn`t that what the Civil War was about?
Essentially, yes.
If the states can`t do that the whole federation thing seems to be more of theoretical concept. In that case you might as well end it and acknowledge that you are one state, even if that`s maybe not how you started out.
The Supreme Court has admitted several times that the states are sovereign. They did not delegate all of their powers to the federal government when they ratified the US Constitution. The structure of the federal government with each state having 2 Senators and the president being elected by electoral votes cast by the states (not individuals), still reflects the fact that the US Constitution is a treaty between sovereign states - again, not individuals.
It is somewhat the opposite of Germany in that respect. Yes, there were separate kingdoms, duchies, free cities, etc. Yes, the Bundeslaender are based on these historical separate kingdoms. BUT by the time the Grundgesetz was written, there was the country of Germany and the question was how to structure it. The country came first then the Bundeslaender were created (based on history) as the best way to administer it. A central government should exist, now what powers should the Bundeslaender have? zb. Von Oben nach Unten.
In the US the states came first. They were recognized as sovereign. The federal government did not exist. They then created the federal government with the US Constitution which was a treaty between them. The question was what powers should the federal government have. zb. Von Unten nach Oben. Naturally, the states kept more power for themselves.
Thank you for your explanation. Much appreciated.