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States' Rights
In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment. The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess. Background The balance of federal powers and those powers held by the states as defined in the Supremacy Clause of the U.S. Constitution was first addressed in the case of '' McCulloch v. Maryland'' (1819). The Court's decision by Chief Justice John Marshall asserted that the laws adopted by the federal government, when exercising its constitutional powers, are generally paramount over any conflicting laws adopted by state governments. After ''McC ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Articles Of Confederation
The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by the Second Continental Congress on November 15, 1777, and sent to the states for ratification. The Articles of Confederation came into force on March 1, 1781, after ratification by all the states. A guiding principle of the Articles was to establish and preserve the independence and sovereignty of the states. The weak central government established by the Articles received only those powers which the former colonies had recognized as belonging to king and parliament. The document provided clearly written rules for how the states' "league of friendship" ( Perpetual Union) would be organized. During the ratification process, the Congress looked to the Articles for guidance as it conducted business, directing the war effort, conducting dipl ...
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War Of 1812
The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States, United States of America and its Indigenous peoples of the Americas, indigenous allies against the United Kingdom of Great Britain and Ireland, United Kingdom and its allies in British North America, with limited participation by Spanish Empire, Spain in Spanish Florida, Florida. It began when the United States United States declaration of war upon the United Kingdom, declared war on 18 June 1812 and, although peace terms were agreed upon in the December 1814 Treaty of Ghent, did not officially end until the peace treaty was ratified by 13th United States Congress, Congress on 17 February 1815. Tensions originated in long-standing differences over territorial expansion in North America and British support for Tecumseh's confederacy, Native American tribes who opposed US colonial settlement in the Northwest Territory. These escalated in 1807 after the Royal Navy began enforcing Orders in Council ...
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John Taylor Of Caroline
John Taylor (December 19, 1753August 21, 1824), usually called John Taylor of Caroline, was a politician and writer. He served in the Virginia House of Delegates (1779–81, 1783–85, 1796–1800) and in the United States Senate (1792–94, 1803, 1822–24). He wrote several books on politics and agriculture. He was a Jeffersonian Republican and his works provided inspiration to the later states' rights and libertarian movements. Sheldon and Hill (2008) locate Taylor at the intersection of republicanism and classical liberalism. They see his position as a "combination of a concern with Lockean natural rights, freedom, and limited government along with a classical interest in strong citizen participation in rule to prevent concentrated power and wealth, political corruption, and financial manipulation" (p. 224). Wealth, like suffrage, must be considerably distributed, to sustain a democratic republic; and hence, whatever draws a considerable proportion of either into a few ...
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John Randolph Of Roanoke
John Randolph (June 2, 1773May 24, 1833), commonly known as John Randolph of Roanoke,''Roanoke'' refers to Roanoke Plantation in Charlotte County, Virginia, not to the city of the same name. was an American planter, and a politician from Virginia, serving in the House of Representatives at various times between 1799 and 1833, and the Senate from 1825 to 1827. He was also Minister to Russia under Andrew Jackson in 1830. After serving as President Thomas Jefferson's spokesman in the House, he broke with the president in 1805 as a result of what he saw as the dilution of traditional Jeffersonian principles as well as perceived mistreatment during the impeachment of Samuel Chase, in which Randolph served as chief prosecutor. Following this split, Randolph proclaimed himself the leader of the " Old Republicans" or "Tertium Quids", a wing of the Democratic-Republican Party who wanted to restrict the role of the federal government. Specifically, Randolph promoted the Principles o ...
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Edmund Randolph
Edmund Jennings Randolph (August 10, 1753 September 12, 1813) was a Founding Father of the United States, attorney, and the 7th Governor of Virginia. As a delegate from Virginia, he attended the Constitutional Convention and helped to create the national constitution while serving on its Committee of Detail. He was appointed the first United States Attorney General by George Washington and subsequently served as the second Secretary of State during the Washington administration. Early life Randolph was born on August 10, 1753, to the influential Randolph family in Williamsburg in the Colony of Virginia. He was educated at the College of William and Mary. After graduation he began reading law with his father John Randolph and uncle, Peyton Randolph. In 1775, with the start of the American Revolution, Randolph's father remained a Loyalist and returned to Britain. Edmund Randolph returned to America where he joined the Continental Army as an aide-de-camp to General Geo ...
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Democratic-Republican Party
The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early 1790s that championed republicanism, agrarianism, political equality, and expansionism. The party became increasingly dominant after the 1800 elections as the opposing Federalist Party collapsed. The Democratic-Republicans splintered during the 1824 presidential election. The majority faction of the Democratic-Republicans eventually coalesced into the modern Democratic Party, while the minority faction ultimately formed the core of what became the Whig Party. The Democratic-Republican Party originated as a faction in Congress that opposed the centralizing policies of Alexander Hamilton, who served as Secretary of the Treasury under President George Washington. The Democratic-Republicans and the opposing Federalist Party each b ...
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Report Of 1800
The Report of 1800 was a resolution drafted by James Madison arguing for the sovereignty of the individual states under the United States Constitution and against the Alien and Sedition Acts. Adopted by the Virginia General Assembly in January 1800, the Report amends arguments from the 1798 Virginia Resolutions and attempts to resolve contemporary criticisms against the Resolutions. The Report was the last important explication of the Constitution produced before the 1817 Bonus Bill veto message by Madison, who has come to be regarded as the "Father of the Constitution." The arguments made in the Resolutions and the Report were later used frequently during the nullification crisis of 1832, when South Carolina declared federal tariffs to be unconstitutional and void within the state. Madison rejected the concept of nullification and the notion that his arguments supported such a practice. Whether Madison's theory of Republicanism really supported the nullification movement, an ...
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Principles Of '98
The Principles of '98 refer to the American political position after 1798 that individual states could both judge the constitutionality of federal laws and decrees and refuse to enforce those that were deemed unconstitutional. That refusal is generally referred to as " nullification" but has also been expressed as "interposition:" the states' right to "interpose" between the federal government and the people of the state. The Principles of '98 were widely promoted in Jeffersonian democracy, especially by the Quids, such as John Randolph of Roanoke, but never became law. Etymology The term derives from the Virginia and Kentucky Resolutions written in 1798 by James Madison and Thomas Jefferson, respectively. They led a vocal segment of the Founding Fathers that believed that if the federal government, if it is the exclusive judge of its limitations under the US Constitution, would eventually overcome those limits and become more and more powerful and authoritarian. It argued that ...
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Nullification (U
Nullification may refer to: * Nullification (U.S. Constitution), a legal theory that a state has the right to nullify any federal law deemed unconstitutional with respect to the United States Constitution * Nullification Crisis, the 1832 confrontation between the U.S. government and South Carolina over the latter's attempt to nullify a federal law ** Ordinance of Nullification, declared the Tariffs of 1828 and 1832 null and void within the state borders of South Carolina * Jury nullification Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the ..., a legal term for a jury's ability to deliver a verdict knowingly in contradiction to written law * Nullo (body modification), short for "genital nullification", a member of an extreme body modification subculture See also * Annihilation ( ...
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Kentucky And Virginia Resolutions
The Virginia and Kentucky 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 central 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 s ...
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James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights. Madison was born into a prominent slave-owning planter family in Virginia. He served as a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Unsatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention, which produced a new constitution. Madison's Virginia Plan was the basis for the Convention's deliberations, and he was an influential voice at the convention. He became one of the leaders in the movement to ratify the Constitution, and joined Alexander Hamilton and John Jay in writi ...
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