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Compact Theory
In United States constitutional theory, compact theory is a rejected interpretation of the Constitution which asserts 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 United States was formed with the consent of the ''people''—rather than the consent of the ''states''—and thus the federal government has supreme jurisdiction over the states. Compact theory has never been upheld by the courts. Compact theory featured heavily in arguments by southern political leaders in the run up to the American Civil War that states had a right to nullify federal law and to secede from the union. It also featured in southern arguments opposing desegregation after th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Theory
Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government. It overlaps with legal theory, constitutionalism, philosophy of law and democratic theory. It is not limited by country or jurisdiction. German Rechtsstaat The Rechtsstaat doctrine (Legal state, State of Right, Constitutional state, constitutional government) was introduced in the latest works of the German philosopher Immanuel Kant (1724–1804) after US and French constitutions were adopted in the late 18th century. Kant's approach is based on the supremacy of a country's written constitution. This supremacy must create guarantees for implementation of his central idea: a permanent peaceful life as a basic condition for the happiness of its people and their prosperity. Kant was basing his doctrine on none other but constitutionalism and constitutional government. Kant had thus formulated the main problem of constitutionalism, “The constitution of a State ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kentucky Resolutions
The Kentucky and Virginia Resolutions were political statements drafted in 1798 and 1799 in which the Kentucky and Virginia legislatures took the position that the federal Alien and Sedition Acts were unconstitutional. The resolutions argued that the states had the right and the duty to declare unconstitutional those acts of Congress that the Constitution did not authorize. In doing so, they argued for states' rights and strict construction of the Constitution. The Kentucky and Virginia Resolutions of 1798 were written secretly by Vice President Thomas Jefferson and James Madison, respectively. The principles stated in the resolutions became known as the "Principles of '98". Adherents argued that the states could judge the constitutionality of federal government laws and decrees. The Kentucky Resolutions of 1798 argued that each individual state has the power to declare that federal laws are unconstitutional and void. The Kentucky Resolution of 1799 added that when the states ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jefferson Davis
Jefferson F. Davis (June 3, 1808December 6, 1889) was an American politician who served as the only President of the Confederate States of America, president of the Confederate States from 1861 to 1865. He represented Mississippi in the United States Senate and the United States House of Representatives, House of Representatives as a member of the Democratic Party (United States), Democratic Party before the American Civil War. He was the United States Secretary of War from 1853 to 1857. Davis, the youngest of ten children, was born in Fairview, Kentucky, but spent most of his childhood in Wilkinson County, Mississippi. His eldest brother Joseph Emory Davis secured the younger Davis's appointment to the United States Military Academy. Upon graduating, he served six years as a lieutenant in the United States Army. After leaving the army in 1835, Davis married Sarah Knox Taylor, daughter of general and future President Zachary Taylor. Sarah died from malaria three months after t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaration Of The Immediate Causes Which Induce And Justify The Secession Of South Carolina From The Federal Union
The South Carolina Declaration of Secession, formally known as the Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union, was a proclamation issued on December 24, 1860, by the government of South Carolina to explain its reasons for seceding from the United States. It followed the brief Ordinance of Secession that had been issued on December 20. The declaration is a product of a convention organized by the state's government in the month following the election of Abraham Lincoln as U.S. president, where it was drafted in a committee headed by Christopher Memminger. The declaration laid out the primary reasoning behind South Carolina's declaring of secession from the U.S., which was described as "increasing hostility on the part of the non-slaveholding States to the Institution of Slavery". The declaration states, in part, "A geographical line has been drawn across the Union, and all the States north of that line have ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Carolina Exposition And Protest
The South Carolina Exposition and Protest, also known as Calhoun's Exposition, was written in December 1828 by John C. Calhoun, then Vice President of the United States under John Quincy Adams and later under Andrew Jackson. Calhoun did not formally state his authorship at the time, though it was widely suspected and later confirmed. The document was a protest against the Tariff of 1828, also known as the Tariff of Abominations. It stated also Calhoun's Doctrine of nullification, i.e., the idea that a state has the right to reject federal law, first introduced by Thomas Jefferson and James Madison in their Kentucky and Virginia Resolutions. Background After the final vote on the Tariff of 1828, the South Carolina congressional delegation held two caucuses, the second at the home of Senator Robert Y. Hayne. They were rebuffed in their efforts to coordinate a united Southern response and focused on how their state, by itself, would react. While many agreed with George McDuffie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John C
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died ), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (died ), one of the twelve apostles of Jesus Christ * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope John ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Story
Joseph Story (September18, 1779September10, 1845) was an American lawyer, jurist, and politician who served as an associate justice of the Supreme Court of the United States from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and ''United States v. The Amistad'', and especially for his ''Commentaries on the Constitution of the United States'', first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive Legal treatise, treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law. Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began in the 1830s to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Great Speeches And Orations Of Daniel Webster/The Reply To Hayne
''The'' is a grammatical article in English, denoting nouns that are already or about to be mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with nouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of the archaic pronoun ''thee' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daniel Webster
Daniel Webster (January 18, 1782 – October 24, 1852) was an American lawyer and statesman who represented New Hampshire and Massachusetts in the U.S. Congress and served as the 14th and 19th United States Secretary of State, U.S. secretary of state under presidents William Henry Harrison, John Tyler, and Millard Fillmore. Webster was one of the most prominent American lawyers of the 19th century, arguing over 200 cases before the United States Supreme Court in his career. During his life, Webster had been a member of the Federalist Party, the National Republican Party, and the Whig Party (United States), Whig Party. He was among the three members of the Great Triumvirate along with Henry Clay and John C. Calhoun. Born in Salisbury, New Hampshire, in 1782, Webster established a successful legal practice in Portsmouth, New Hampshire, after graduating from Dartmouth College and serving a legal apprenticeship. A prominent opponent of the War of 1812, he won election to the United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kentucky Resolutions Of 1798
The Kentucky and Virginia Resolutions were political statements drafted in 1798 and 1799 in which the Kentucky and Virginia legislatures took the position that the federal Alien and Sedition Acts were unconstitutional. The resolutions argued that the states had the right and the duty to declare unconstitutional those acts of Congress that the Constitution did not authorize. In doing so, they argued for states' rights and strict construction of the Constitution. The Kentucky and Virginia Resolutions of 1798 were written secretly by Vice President Thomas Jefferson and James Madison, respectively. The principles stated in the resolutions became known as the "Principles of '98". Adherents argued that the states could judge the constitutionality of federal government laws and decrees. The Kentucky Resolutions of 1798 argued that each individual state has the power to declare that federal laws are unconstitutional and void. The Kentucky Resolution of 1799 added that when the states ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
