In United States constitutional theory, compact theory is an interpretation of the Constitution which holds that the United States was formed through a compact agreed upon by all the states, and that the federal government is thus a creation of the states.
What is compact theory in the Confederate Constitution?
The Constitution of the Confederate States begins with a commitment to compact theory. The preamble to that text declares, “We the people of the Confederate States, each State acting in its sovereign and independent character.”
How did the compact theory lead to political democracy?
The answer is that when they established government they consented to its exercise of power and agreed to obey it if it secured their rights. The compact theory has been remarkably fecund. From government by consent it led to political democracy.
Is the Constitution a compact among the States?
Hunter's Lessee (1816), the Supreme Court explicitly rejected the idea that the Constitution is a compact among the states: "The Constitution of the United States was ordained and established not by the States in their sovereign capacities, but emphatically, as the preamble of the Constitution declares, by 'the people of the United States.'"
What is the social compact theory in sociology?
SOCIAL COMPACT THEORY. The theory purports to explain why individuals should obey the law: each person, in a government that exists with the consent of the governed, freely and, in effect, continuously gives consent to the constitution of his community.
What was the state compact theory?
In United States constitutional theory, compact theory is an interpretation of the Constitution which holds that the United States was formed through a compact agreed upon by all the states, and that the federal government is thus a creation of the states.
Who developed the compact theory?
The basic principles of compact theory were developed by the German jurist Baron Samuel von Pufendorf ( 1632–1694 ) in his 1672 work Of the Law of Nature and Nations Pufendorf, when detailing the different forms of government, pointed out that nations sometimes form a federal union where they “engage themselves not to ...
What is a compact system of government?
Compact governments or compacts were the conservative colonial cliques that ruled colonies, particularly in British North America prior to the granting of responsible government. They were usually Tory in orientation and representative of the local elite.
What is the compact theory quizlet?
The compact theory is a theory relating to the development of the Constitution of the United States of America, claiming that the formation of the nation was through a compact by all of the states individually and that the national government is consequently a creation of the states.
What is the law of compact?
fundamental principle: the law of compact. We maintain that in every compact between two or more parties, the obligation is mutual; that the failure of one of the contracting parties to perform a material part of the agreement, entirely releases the obligation of the other....
When was compact theory created?
Broadly understood, compact theory is a political theory of founding polities and communities associated by Americans with the Mayflower Compact of 1620.
What is the social compact theory?
Social contract theory says that people live together in society in accordance with an agreement that establishes moral and political rules of behavior. Some people believe that if we live according to a social contract, we can live morally by our own choice and not because a divine being requires it.
What are the three basic principles of social compact theory?
The parties are described as (1) motivated by self-interest, in as much as they will only agree to the contract if they perceive that they will benefit from social interaction; (2) concerned for the welfare of others, if only because they recognize that the advantages they expect to derive from the social contract will ...
What is the compact theory Apush?
compact theory. The idea advanced by Rousseau, Locke, and Jefferson, that government is created by voluntary agreement among the people involved and that revolution is justified if government breaks the compact by exceeding its authority.
Where was the compact theory of government?
Compact theory in the context of American federalism can be traced back to the Mayflower Compact of 1620, which was a contract between the King of England and the Mayflower pilgrims. The compact granted authority to the pilgrims to set up a self-governing colony in America and established the rules for governance.
What is a social compact contract quizlet?
A social contract is the compact that the people agree form rules and conditions for membership in their society. Equality. The belief that all persons are entitled to equal rights and treatment before the law.
What was the theory of nullification?
Nullification is the constitutional theory that individual states can invalidate federal laws or judicial decisions they deem unconstitutional, and it has been controversial since its inception in early American history.
What is compact theory?
In United States constitutional theory, compact theory is an interpretation of the Constitution which holds that the United States was formed through a compact agreed upon by all the states, and that the federal government is thus a creation of the states.
Which case rejected the idea that the Constitution is a compact among the states?
In Martin v. Hunter's Lessee (1816), the Supreme Court explicitly rejected the idea that the Constitution is a compact among the states: "The Constitution of the United States was ordained and established not by the States in their sovereign capacities, but emphatically, as the preamble of the Constitution declares, ...
What is the Constitution of a state?
Every State Constitution is a compact made by and between the citizens of a State to govern themselves in a certain manner, and the Constitution of the United States is likewise a compact made by the people of the United States to govern themselves as to general objects in a certain manner.". Chisholm v. Georgia, 2 U.S. (2 Dall.) 419 (1793).
What case did the Supreme Court rule that the Union was not merely a compact among states?
After the Civil War, in Texas v. White (1869), a case discussing the legal status of the southern states that had attempted to secede, the Supreme Court stated that the union was not merely a compact among states but was "something more than a compact.".
What did the Supreme Court say about the Articles of Confederation?
The Court contrasted the earlier Articles of Confederation with the Constitution, characterized the Articles of Confederation as a compact among states, and stated that the Constitution was established by not the states but the people. Likewise, in McCulloch v. Maryland (1819), the Supreme Court stated that the federal Constitution proceeded ...
What was the act that consummated her admission into the Union?
The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States.".
What did Calhoun say about the right to veto?
Calhoun said the states had the right to nullify, or veto, any laws that were inconsistent with the compact.
What is the compact theory of government?
One of the self-evident truths in the latter is "That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.…". The compact theory of government colored the thought and action of Americans during the colonial period and through the period of constitution making.
What is social compact theory?
An invention of political philosophers, the social contract or social compact theory was not meant as a historical account of the origin of government, but the theory was taken literally in America where governments were actually founded upon contract. The words "compact" and "contract" are synonymous ...
What is the mass constitution?
The massachusetts constitution of 1780 (still operative) declares: "The body politic is formed by a voluntary association of individuals; it is a social compact by which the whole people covenants with each citizen and each citizen with the whole people. …".
What is the theory of prepolitical state of nature?
The theory hypothesizes a prepolitical state of nature in which people were governed only by the law of nature, free of human restraints. From the premise that man was born free, the deduction followed that he came into the world with God-given or natural rights.
Which was the first concrete application of the covenant theory to civil government?
They should first freely engage themselves in such covenants.…"The first concrete application of the covenant theory to civil government was the Mayflower Compact (1620).
Which theory of government justified the right to revolution?
The compact theory legitimated the right of revolution, as the Declaration of Independence made clear. Even before that declaration, colonial radicals contended that the Coercive Acts (see first continental congress) "have thrown us into a state of nature," and justified contracting for a new government.
When they established government, did they consent to its exercise of power?
The answer is that when they established government they consented to its exercise of power and agreed to obey it if it secured their rights. The compact theory has been remarkably fecund. From government by consent it led to political democracy.
Compact Theory: Security for American Liberty
A contract is a promise, or set of promises, between willing parties. The law of contracts is a body of law as old as the Anglo-American division of law and equity. When a contract is breached, law and equity provide remedies.
About forloveofgodandcountry
I'm originally from New Jersey where I spent most of my life. I now live in North Carolina with my husband and 4 children. I'm an attorney
What is constitutional theory?
First, it refers to general theories of the Constitution, which deal with the overall structure of the government, the relations among the branches, and the relation between the national and state governments. Second, it refers to theories of judicial review, ...
Which theory focuses on the proper scope of government in relation to individual liberty?
2. Natural law theories rely on substantive moral principles determined by philosophical reflection on the proper scope of government in relation to individual liberty, to specify the choices that are within the range of legislative discretion and those that violate individual rights.
What is the argument against a court's decision to exercise its power to invalidate legislation?
A powerful argument against a court's decision to exercise its power to invalidate legislation is that such a decision necessarily overturns the outcome of processes of majority rule that are themselves an important value in the American constitutional system.
What is precedent oriented constitutional theory?
Precedent-oriented constitutional theories rely on past decisions by the courts to guide contemporary decisions. precedents are taken to identify with sufficient clarity the kinds of choices that are to be left to legislatures.
What is the theory of judicial review?
Second, it refers to theories of judicial review, which provide justifications for the occasions on which the courts, ruling on constitutional issues, will and will not displace the judgments of elected officials. General theories of the Constitution consider the structure of the government as defined in the Constitution and, more important, ...
What is the skepticism of natural law?
Natural law theories often face general skepticism about the existence of the kinds of rights on which they rely, and a more specific skepticism about the ability of judges as compared to legislators to identify whatever rights there might in fact be. 3.
What are the open ended provisions of the Constitution?
Another approach finds the fundamental rights enumerated in the text of the Constitution, but has difficulty dealing with what have been called the "open-ended" provisions of the Constitution, such as the ninth amendment and the privileges and immunities clauses, which appear to refer to unenumerated rights.
Overview
In United States constitutional theory, compact theory is an interpretation of the Constitution which holds that the United States was formed through a compact agreed upon by all the states, and that the federal government is thus a creation of the states. Consequently, under the theory states are the final arbiters over whether the federal government has overstepped the limits of its authority as set forth in the compact. Compact theory contrasts with contract theory, which holds that the …
Supreme Court rulings
The US Supreme Court has rejected the idea that the Constitution is a compact among the states. Rather, the Court has stated that the Constitution was established directly by the people of the United States, not by the states. In one of the Supreme Court's first significant decisions, Chisholm v. Georgia (1793), Chief Justice John Jay stated that the Constitution was established directly by the people. Jay noted the language of the Preamble of the Constitution, which states that the Co…
Arguments in favor
Leading proponents of this view of the U.S. Constitution primarily originated from Virginia and other southern states. Notable proponents of the theory include Thomas Jefferson. Under this theory and in reaction to the Alien and Sedition Acts of 1798, Jefferson claimed the federal government overstepped its authority, and advocated nullification of the laws by the states. The first resolution of the Kentucky Resolutions began by stating:
Arguments against
Others have taken the position that the federal government is not a compact among the states but was instead formed directly by the people in their exercise of their sovereign power. The people determined that the federal government should be superior to the states. Under this view, the states are not parties to the Constitution and do not have the right to determine for themselves the proper scope of federal authority but instead are bound by the determinations of the federal …
Influence on American Civil War
In the years before the Civil War, the compact theory was used by southern states to argue that they had a right to nullify federal law and to secede from the union. For example, during the Nullification Crisis of 1828-1832, John C. Calhoun argued in his South Carolina Exposition and Protest that the states, as the parties to a compact, had the right to judge for themselves whether the terms of the compact were being honored. Calhoun described this "right of judging" as "an es…
See also
• States' rights
• Classical republicanism
• Interposition
• Social contract