Compact theory in American political thought describes the United States as a union formed by an agreement among sovereign states. This perspective suggests the Constitution is a compact, or contract, entered into by individual states. The core premise holds that the federal government was created by these states and acts as their agent, rather than being established by a single national people.
Foundational Concepts
Compact theory posits that states retain ultimate sovereignty. The federal government is a creation of the states and possesses only powers specifically delegated by the compact. Powers not explicitly granted to the federal government are reserved for the states. Proponents argue states hold the right to determine if federal actions exceed constitutional limits.
This framework implies that states can judge the constitutionality of federal laws and potentially interpose their authority or nullify federal acts they deem unconstitutional. Early American political figures like Thomas Jefferson and James Madison articulated ideas aligned with compact theory, emphasizing that the Constitution derived its authority from the states.
Manifestations in Early American History
Compact theory found expression in the late 18th and early 19th centuries, particularly during tension between state and federal power. The Virginia and Kentucky Resolutions of 1798 and 1799, drafted by James Madison and Thomas Jefferson, responded to the federal Alien and Sedition Acts, seen as an overreach of federal authority. These resolutions argued states had the right to “interpose” their authority or “nullify” federal laws they considered unconstitutional.
The Nullification Crisis of 1832-1833, primarily involving South Carolina, was another major manifestation. This crisis erupted over federal tariffs, particularly the Tariff of 1828, which Southern states labeled the “Tariff of Abominations.” John C. Calhoun, a prominent South Carolinian, argued that a state had the right to nullify a federal law if it violated the constitutional compact. South Carolina ultimately passed an Ordinance of Nullification, declaring the tariffs void within its borders.
The Civil War and Its Aftermath
The American Civil War (1861-1865) challenged compact theory. Southern states invoked compact theory to justify their secession from the Union. They argued that since the Union was a voluntary compact among sovereign states, any state had the right to withdraw if the terms of the compact were violated.
The Union victory in the Civil War largely repudiated the idea that states possessed an inherent right to secede based on compact theory. The conflict solidified the understanding of the United States as an indivisible nation, rather than a mere collection of sovereign states. Following the war, the 14th Amendment, ratified in 1868, further altered the relationship between states and the federal government. This amendment reinforced federal authority by establishing national citizenship and limiting states’ abilities to infringe upon citizens’ rights, thereby shifting constitutional interpretation towards a more nationalistic view.