One of the key arguments made by constitutional nationalists is that the Constitution provides that “We the People of the United States . . . do ordain and establish this Constitution.” The idea is that a single people throughout the country as a whole established the Constitution and therefore sovereignty resides at the national level in that people.
Moreover, this national sovereignty negates any inferences that might otherwise follow from the idea that the Constitution consists of a compact of states. While this is certainly one interpretation of this language, it is certainly not the only one. And here I want to suggest an intermediate understanding – one that is in between national and states rights sovereignty.