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Compact theory (federalism)
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| •Key terms • Court cases •Major arguments • State responses to federal mandates • Federalism by the numbers • Index of articles about federalism |
Compact theory in the context of American federalism refers to the idea that the U.S. was formed through an agreement (compact) between the state governments. Proponents of compact theory argue that since the states created the federal government via compact, they should have final authority in determining when the federal government oversteps its constitutional limits.[1]
Compact theory is often used interchangeably in philosophy to refer to social contract theory. In the context of American federalism, compact theory contrasts with social contract theory, which refers to the idea that America's national government was created through the explicit consent of the governed people.[1]
Background
Compact theory in the context of American federalism can be traced back to the Mayflower Compact of 1620, which was a contract between the King of England and the Mayflower pilgrims. The compact granted authority to the pilgrims to set up a self-governing colony in America and established the rules for governance. All 13 American colonies were created under similar grants of authority from the King to colonial governments.[2][3]
The Articles of Confederation were established through a similar delegation of power from state legislatures (which ratified the Articles) to the Continental Congress. Proponents of compact theory argue that the Constitution was established on the same compact (government-to-government) basis.[1][3]
Proponents of the social contract theory of American federalism argue power was delegated to the national government directly from the people (not from state governments through a compact).[4][5][1][6]
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Benner, D. (2015). Compact of the Republic: The League of States and the Constitution. Minneapolis, MN: Life & Liberty Publishing Group.
- ↑ History, "Mayflower Compact," accessed February 27, 2022
- ↑ 3.0 3.1 Lutz, D. (1988). The Origins of American Constitutionalism. Louisiana State University Press.
- ↑ Iowa State University, "Introduction to the social contract theory," accessed July 29, 2021
- ↑ University of Texas McCombs School of Business, "Social Contract Theory," accessed July 29, 2021
- ↑ Internet Encyclopedia of Philosophy, "Social Contract Theory," accessed February 9, 2022
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