Pre War SCOTUS cases and Compact Theory

jgoodguy · Jun 11, 2018

David Ireland said:
How are you interpreting this case to mean that the compact theory is invalid?

Also, are you defining "compact theory" as an agreement among the states to delegate certain powers to a central government while retaining for themselves power of all else"? Or are you defining it another way?

Thank you

Compact theory in the United States

Regarding the Constitution of the United States, the compact theory holds that the country was formed through a compact agreed upon by all the states, and that the federal government is thus a creation of the states.[1] Consequently, states should be the final arbiters over whether the federal government had overstepped the limits of its authority as set forth in the compact.

SCOTUS ruled it was the final arbiter over whether the federal government had overstepped the limits of its authority, not the States.

David Ireland · Jun 12, 2018