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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. 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 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 the 1954 Supreme Court decision in ''Brown v. Board of Educa ...
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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. United States Constitutional theory in the United States is an academic discipline that focuses on the meaning of the United States Constitution. Its concerns include (but are not limited to) the historical, linguistic, sociological, ethical, and political aspects. Much of constitutional theory is concerned with theories of judicial review. This is in part because ''Marbury v. Madison'', which established this judicial power in the early 19th century, has given the judiciary near-final authority on constitutional meaning. Aside from judicial review, constitutional theory in general seeks to ask and answer the following questions: *How should the Constitution be interpreted? *How much weight should be given to the history o ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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A Short History Of The Confederate States Of America
''A Short History of the Confederate States of America'' is a memoir written by Jefferson Davis, completed shortly before his death in 1889. Davis wrote most of this book while staying at Beauvoir along the Mississippi Gulf Coast near Biloxi, Mississippi. The book is much less a Davis memoir than an articulation of the secession argument. In Davis' earlier work, ''The Rise and Fall of the Confederate Government'', he had written what is probably the most thorough exegesis of the compact theory of the United States Constitution in existence, devoting the first fifteen chapters of the book to that topic. Fearful that his readers might not understand, or might forget, he repeated the explanation every second or third chapter after that. Still concerned that people might not understand the compact theory of the Constitution, he wrote ''A Short History of the Confederate States of America'' shortly before his death. The book was first published in 1890 by Belford Co. in New York. ...
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The Rise And Fall Of The Confederate Government
''The Rise and Fall of the Confederate Government'' (1881) is a book written by Jefferson Davis, who served as President of the Confederate States of America during the American Civil War. Davis wrote the book as a straightforward history of the Confederate States of America and as an apologia for the causes that he believed led to and justified the American Civil War. He wrote most of the book at Beauvoir, the Biloxi, Mississippi, plantation where he was living as a guest of the novelist and wealthy widow Sarah Ellis Dorsey. Ill with cancer, in 1878 she made over her will and left the plantation to him before her death in 1879. She had already assisted him in his writing, notably with organization, editing, and encouragement. Davis was also assisted by his wife, Varina, and his secretary Major W. T. Walthall. He corresponded voluminously with surviving Confederate statesmen and generals, including Judah Benjamin and Jubal Early, for fact-checking and details on key issue ...
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Jefferson Davis
Jefferson F. Davis (June 3, 1808December 6, 1889) was an American politician who served as the president of the Confederate States from 1861 to 1865. He represented Mississippi in the United States Senate and the House of Representatives as a member of the Democratic Party before the American Civil War. He had previously served as the United States Secretary of War from 1853 to 1857 under President Franklin Pierce. Davis, the youngest of ten children, was born in Fairview, Kentucky. He grew up in Wilkinson County, Mississippi, and also lived in Louisiana. His eldest brother Joseph Emory Davis secured the younger Davis's appointment to the United States Military Academy. After graduating, Jefferson Davis served six years as a lieutenant in the United States Army. He fought in the Mexican–American War (1846–1848) as the colonel of a volunteer regiment. Before the American Civil War, he operated in Mississippi a large cotton plantation which his brother Joseph had given him, ...
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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 stated 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 un ...
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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 tha ...
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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 c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * 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 Jo ...
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Joseph Story
Joseph Story (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving 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 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 presents Story as a "Statesman of the Old Republic" who tri ...
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The Great Speeches And Orations Of Daniel Webster/The Reply To Hayne
''The'' () is a grammatical article in English, denoting persons or things already 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 pronouns 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 pronoun ''thee'') when followed by a v ...
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