In United States constitutional theory, the 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 the compact theory in the United States?
Compact theory in the United States. Regarding the Constitution of the United States, the compact theory holds that the country 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 of federalism?
Compact theory. Jump to navigation Jump to search. Compact theory refers to two theories related to the development of federal constitutions. In the United States, it differs from the contract theory in that it favored the rights of states over those of the Federal Government.
What is the interstate compact of States for offenders?
Revised in 2002, the compact provides states the authority, accountability, and resources to track the supervision of offenders who move across state lines, thereby enhancing public safety and offender accountability.
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 does compact mean in politics?
Compact as used in politics may refer broadly to a pact or treaty; in more specific cases it may refer to: Interstate compact. Blood compact, an ancient ritual of the Philippines. Compact government, a type of colonial rule utilized in British North America.
What purpose do these compacts serve?
As a result, interstate compacts have dual functions: they operate simultaneously as contracts between states and, once approved by Congress, as federal law. protects states' interests by regulating an individual state's ability to unilaterally form compacts that might disadvantage other regional or state interests.
Is the Constitution a compact between the states?
The Constitution, Webster declared, was not a compact among the states but an agreement between the sovereign people of the United States, a national people who pre-existed the creation of state governments.
What is the compact between government and citizens?
social contract, in political philosophy, an actual or hypothetical compact, or agreement, between the ruled or between the ruled and their rulers, defining the rights and duties of each.
What is the greatest advantage of a compact state?
small and centralized. it is easily to manage since the government is close to all portions of the state. the state gets easy access to the coast and the local resources around it.
What issue do most interstate compacts deal with?
These compacts create reciprocal professional licensing practices between states, while ensuring the quality and safety of services and safeguarding state sovereignty.
What is the legal definition of a compact?
An agreement or contract. Usually applied to conventions between nations or sovereign states. A compact is a mutual consent of parties concerned respecting some property or right that is the object of the stipulation, or something that is to be done or forborne.
Can a state overturn a federal law?
Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws which they deem unconstitutional with respect to the United States Constitution (as opposed to the state's own constitution).
Can a state violate the Constitution?
State or local laws held to be preempted by federal law are void not because they contravene any provision of the Constitution, but rather because they conflict with a federal statute or treaty, and through operation of the Supremacy Clause.
Is a compact the same as a contract?
strict; a compact would be a guideline for the states (loose) while a contract would be a specific set of rules (strict). A contract, in other words, is an "enforceable agreement" between the states.
What is an example of social compact?
The U.S. Constitution is often cited as an explicit example of part of America's social contract. It sets out what the government can and cannot do. People who choose to live in America agree to be governed by the moral and political obligations outlined in the Constitution's social contract.
What is the difference between social contract and social compact?
APNU's social contract is more about a relationship between the political parties, the private sector, labour and the government. It has nothing to do with legitimizing the State, but rather is built around the model of a social compact which has acquired such a notorious reputation.
What was the purpose of the Mayflower Compact quizlet?
The Mayflower Compact helped unify the travelers in the new world by giving the common man a political voice. The purpose of the Mayflower Compact was to establish basic law and order in the colony. The document was intended to be not just a contract between the colonists but also between themselves and God.
What is the purpose of the UN Global compact quizlet?
The United Nations Global Compact is a United Nations initiative to encourage businesses worldwide to adopt sustainable and socially responsible policies, and to report on their implementation.
What was the Mayflower Compact and why was it important quizlet?
Why was the Mayflower Compact written? it allowed colonists to help make their own laws instead of following England's.
What was the Mayflower Compact and why was it created quizlet?
This document was drafted in 1620 prior to settlement by the Pilgrims at Plymouth Bay in Massachusetts. It declared that the 41 males who signed it agreed to accept majority rule and participate in a government in the best interest of all members of the colony.
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.
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 ...
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 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.
Which theory holds that the United States was formed with the consent of the people?
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 United States was formed with the consent of the people —rather than the consent of the states —and thus ...
When did the Southern states secede?
When the southern states seceded in 1860-61, they relied on the compact theory to justify secession and argued that the northern states had violated the compact by undermining and attacking the institution of slavery and the slaveholders' property rights.
Why was the Sedition Act deemed unconstitutional?
The Sedition Act was deemed unconstitutional because the Constitution did not explicitly give Congress the power to regulate speech. The measure, Madison stated, “exercises . . . a power not delegated by the Constitution.”. Madison was vague on the consequences of compact theory. The Virginia Resolutions declared, “in case of a deliberate, ...
What are the three conclusions of the compact conception of American constitutionalism?
Three conclusions follow from the compact conception of American constitutionalism. First, national powers are strictly limited, in that all powers remain in the states unless the federal Constitution explicitly declares otherwise. Second, states have the authority to nullify federal laws on constitutional grounds.
What was Jefferson's theory of compact?
Jefferson’s Kentucky Resolutions were stronger and asserted that compact theory entailed a state’s natural right to nullify federal laws. He agreed with Madison that the Constitution was a compact between the states. The Kentucky Resolutions more clearly than the Virginia Resolutions, however, claimed a state power to declare federal laws unconstitutional: “the government created by this compact was not made the exclusive or final judge of the extent of its powers.” Each state could determine whether a federal law was constitutional. Jefferson insisted, “as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”
What was the Antifederalist view?
The Antifederalist view persisted, and historically many nineteenth-century Americans in the North and the South understood the American federal system as a state-centered compact. However, using it as a defense of slavery and a right to secession badly tarred compact theory with racism.
What is the Constitution of the Confederate States?
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.”. Like many northerners of his time, Alexander Hamilton also held a compact view of the Constitution, ...
What was Madison vague on?
Madison was vague on the consequences of compact theory. The Virginia Resolutions declared, “in case of a deliberate, palpable, and dangerous exercise of other powers not granted by the said compact, the States, who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil.”.
What is compact theory?
Compact theory is the subject of some confusion because there are at least two conceptions of it. Broadly understood, compact theory is a political theory of founding polities and communities associated by Americans with the May flower Compact of 1620 . One sees this theory expressed later, for example, in ...
What is the Interstate Commission for Adult Offender Supervision?
The Interstate Commission for Adult Offender Supervision will guide the transfer of offenders in a manner that promotes effective supervision strategies consistent with public safety, offender accountability, and victims’ rights.
What is the role of a commissioner in a compact state?
Governor appointed commissioners in every state act on behalf of the state, region, and broader national interest to promote the commission’s mission . Each commissioner represents one vote on the commission, exercising that vote to establish bylaws, operating policies, future initiatives, technological advancements, and compliance enforcement. In most instances, commission action requires a simple majority, defined as a majority of compact states. Every other year is a rule-making year for the national body; however, rules may also be established or amended by a special meeting. In any instance, the legislative process requires public notice and a period of public comment prior to open meetings that determine the fate of proposed rules or amendments. The national commission is the governing authority of the compact represented by the Executive Committee, which is composed of commissioners elected by their peers. Through the bylaws, rules, and processes established by commissioners, the national office acts to research, advise, and implement commission directives. Represented by the executive director and other national staff, the commission maintains technology assets, regulations, reporting resources, and training materials that facilitate the proper transfer of probationary or paroled adult offenders between states, territories, and districts within the U.S.
When was the interstate agreement for the supervision of probationers and parolees made?
A common concern of states to control the offender movement across state lines resulted in the formation of the first interstate agreement for the supervision of probationers and parolees in 1937. This agreement, the Interstate Compact for the Supervision of Parolees and Probationers, was the sole authority for regulating the transfer ...
What is the national commission?
The national commission is the governing authority of the compact represented by the Executive Committee, which is composed of commissioners elected by their peers. Through the bylaws, rules, and processes established by commissioners, the national office acts to research, advise, and implement commission directives.
What is the purpose of the statutory language adopted in each state?
The statutory language adopted in each state offers a clear definition of the Commission’s mission and specifies the Commission’s authority to regulate members through rules that have the force and effect of federal law, superseding state laws. The commission’s achievements do not belong to one person or group.
When did the Compact become effective?
It became effective on the passing of the 35th state in June 2002.
Is every other year a rule making year?
Every other year is a rule-making year for the national body; however, rules may also be established or amended by a special meeting. In any instance, the legislative process requires public notice and a period of public comment prior to open meetings that determine the fate of proposed rules or amendments.
What is regulatory compact?
Regulatory compact. As utilities make investments on behalf of customers, customers pay the utility that cost of that investment plus a reasonable rate of return. That is all to which the utility is entitled. The asset itself becomes dedicated to customers for its useful life. In many respects, utility customers are buying the actual system from the utility and, as we pay off the rate base (mortgage) on each asset, that asset belongs to us and is dedicated to us. We are the owners of the electrical system, not the renters.
What were utilities concerned about in the 1990s?
In the 1990s, utilities might have been concerned that wind turbines were untested, that their useful lives were not well documented, and that shareholders would take on a significant risk that the investment would not be "used and useful" for a long enough period to recover the cost of the investment and see a return on the investment. Once wind facilities were well proven, utilities were happy to make huge investments in wind power. Similarly, once smart grid technology becomes mature and "safe," getting utilities to invest in it will not be difficult. And so, the problem right now is: How do we get smart grid technology to the mature and safe level?
What is integrated monopolistic utilities?
This means that we have integrated monopolistic utilities that are regulated by the states' regulatory agencies or are accountable to locally elected boards. Regulators and local boards have the responsibility to protect customers from monopoly abuses and get power at just, reasonable and affordable rates.
Why is rate base important?
Rate base as an incentive for investment. The current structure of regulation for investor-owned utilities was developed in order to incent long-term capital investment. Building power plants, transmission systems and distribution networks costs billions of dollars. The current system is designed to encourage capital investment by providing a utility a return on invested capital-utility profits from investing in power facilities, not directly from selling the kilowatt hours.
How to spell check a word?
Spell checking: Press the CTRL or COMMAND key then click on the underlined misspelled word.
What is the energy central power industry?
The Energy Central Power Industry Network is based on one core idea - power industry professionals helping each other and advancing the industry by sharing and learning from each other.
Do smart grid advocates understand the electric system?
IT HAS BECOME APPARENT THAT MANY SMART GRID advocates don't understand the current regulated electric system. They don't understand how we analyze utility investments or how prices are set. They don't understand the incentives provided to utilities or protections required by customers. Put simply, they don't understand the "regulatory compact" between customers and utilities.
What is the purpose of the VA bill?
The bill requires the VA to ensure certain notification procedures occur in relation to veterans receiving emergent suicide care. The VA must determine the eligibility of individuals receiving emergent suicide care for other VA programs and benefits.
What is the VA bill?
This bill implements programs, policies, and reports related to Department of Veterans Affairs (VA) transition assistance , suicide care, mental health education and treatment, health care, and women veteran care.
How many summaries are there for H.R.8247?
There are 4 summaries for H.R.8247.
Can a veteran receive more than one comprehensive exam?
Under the bill, if a covered veteran elects to receive more than one of the comprehensive examinations at a VA health care facility, the VA shall se ek to furnish all such examinations on the same day . A covered veteran may also receive an examination from another specified health care provider.
Does the VA provide shuttle service?
The VA shall seek to enter into agreements with nonprofit organizations to provide shuttle service to rural covered veterans for such examinations.
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