Compact Theory of the Constitution
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Questions and Answers

What is South Carolina's primary justification for its actions?

  • The assertion of its right to judge the constitutionality of federal laws. (correct)
  • The desire to secede from the United States and form its own nation.
  • The belief that the federal government is imposing unfair taxes on its citizens.
  • The need to protect its economic interests from Northern competition.

What is the author's main concern regarding the potential success of nullification?

  • It would empower the Supreme Court and lead to judicial tyranny.
  • It would lead to a civil war between the North and the South.
  • It would undermine the principles of representative government and inspire authoritarian regimes. (correct)
  • It would damage the United States' economic relations with foreign powers.

When the author describes the 'funeral rites of constitutional and republican liberty', which set of terms accurately represent the actions that would bring about this demise?

  • Debate, litigation, legislation, and amendment.
  • Compromise, negotiation, collaboration, and unity.
  • Protest, demonstration, civil disobedience, and reform.
  • Nullification, secession, disunion, and revolution. (correct)

How does the author view the potential international impact of nullification's success in the United States?

<p>It would discourage those around the world who look to America as an example of successful self-governance. (A)</p> Signup and view all the answers

What specific action by South Carolina demonstrates its rejection of the authority of the United States courts?

<p>Its prohibition of appeals to the United States courts. (C)</p> Signup and view all the answers

What was the core argument presented by John C. Calhoun and South Carolina regarding the Constitution?

<p>Each state, being sovereign, had the authority to nullify federal laws it deemed unconstitutional. (B)</p> Signup and view all the answers

How did Daniel Webster refute the compact theory of the Constitution?

<p>He asserted that the Constitution was an agreement among the people of the United States, not the states, and federal courts should decide constitutionality. (C)</p> Signup and view all the answers

How did the historical context before 1789 influence Webster's view of the Constitution?

<p>The pre-1789 period showed signs of unity among the states, indicating that the people acted as one even before the Constitution. (A)</p> Signup and view all the answers

In Daniel Webster's view, what entity has the authority to ensure the Constitution is followed?

<p>The federal courts (D)</p> Signup and view all the answers

What did Daniel Webster imply was the only legitimate way to dissolve the relationship between individuals and the United States government?

<p>Revolution (A)</p> Signup and view all the answers

Which of the following best describes the constitutional theory that influenced Abraham Lincoln and the Republican members of the Reconstruction Congress?

<p>A nationalist understanding that prioritized the unity of the American people and the power of the federal government. (A)</p> Signup and view all the answers

How did South Carolina justify its Ordinance of Nullification?

<p>By asserting its right as a sovereign entity to reject federal laws it deemed unconstitutional under the compact theory. (C)</p> Signup and view all the answers

What specific action did South Carolina take based on its interpretation of constitutional compact theories?

<p>It declared the federal Tariff of 1828 to be 'null and void'. (A)</p> Signup and view all the answers

Flashcards

Nullification

The act of a state rejecting federal laws it deems unconstitutional.

Sovereignty

The authority of a state to govern itself and make its own decisions.

Constitution as a compact

The view that the Constitution is an agreement between sovereign states.

Authority rejection

The act of denying the power or legitimacy of Congress and federal courts.

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Impact of nullification

The potential negative consequences of states rejecting federal authority.

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Compact Theory

The idea that the Constitution is a compact among states, allowing states to nullify federal laws.

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Ordinance of Nullification

South Carolina's declaration that the Tariff of 1828 was null and void based on Compact Theory.

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Daniel Webster

A senator who opposed Compact Theory and supported a stronger national government.

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Sovereign People

The idea that the Constitution is an agreement among the people, not just states.

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Federal Courts

The judicial authority that decides if federal laws comply with the Constitution.

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Reconstruction Congress

The Congress that redefined federal-state relations after the Civil War, influenced by nationalism.

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Secession

The act of a state withdrawing from the Union; considered revolutionary and unconstitutional.

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Study Notes

Compact Theory of the Constitution

  • Compact theory, initially outlined in the Virginia and Kentucky Resolutions, evolved into more radical state rights theories.
  • South Carolina utilized this theory in 1832's Ordinance of Nullification, declaring the Tariff of 1828 invalid.
  • South Carolina asserted each state, as an independent sovereign in the original compact, had the right to nullify federal laws deemed unconstitutional.
  • Daniel Webster, a Massachusetts senator, opposed the compact theory, arguing that the Constitution was a national agreement between the people, not the states.
  • Webster maintained the federal courts, not individual states, should determine constitutional violations.
  • Webster's perspective influenced Lincoln and Reconstruction Congress members.

Pre-Constitution Union

  • The United States, prior to 1789 and the Constitution's adoption, had a pre-existing union.
  • The nation demonstrated unity through joint declaration of independence.
  • From 1774's first Congress onward, the states were united for national purposes.
  • The Constitution's authority originates from "the people," and not from the states.

Nullification Argument

  • South Carolina claimed the right to judge federal laws' constitutionality and enforce its judgments independently.
  • South Carolina's convention declared federal revenue laws unconstitutional and refused to submit to federal authority or courts.
  • The state's argument hinged on the idea of the Constitution as a compact, where states were sovereign parties, and thus their decisions were final.

Consequences of Nullification

  • Proponents of nullification, if successful, would be considered architects of ruin.
  • It would threaten representative government and inspire monarchical systems.
  • The success of US republicanism would be questioned by the rest of the world.

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Description

Explore the evolution of the Compact Theory as outlined in the Virginia and Kentucky Resolutions and its implications for state rights. Discover the debate between supporters like South Carolina and opponents like Daniel Webster, who saw the Constitution as a national agreement. This quiz delves into the historical significance and consequences of the Compact Theory in American constitutional law.

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