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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. Since the 1940s, the term "states' rights" has often been considered a loaded term or dog whistle because of its use in opposition to federally-mandated racial desegregation and, more recently, same-sex marriage and reproductive rights. 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). ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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McCulloch V
McCulloch is a Scottish surname, commonly found in Galloway, and usually associated with Clan MacCulloch. It may be etymologically related to the Irish surname McCullough. Notable people with the surname include: * Abbey McCulloch (born 1990), Australian netball player * Alan McCulloch (politician), New Zealand politician * Alan McLeod McCulloch (1907–1992), Australian cartoonist, painter, writer, art critic, art historian and gallery director *Allan Riverstone McCulloch (1885–1925), Australian zoologist * Andrew McCulloch (footballer) (fl. 1970-1985), British soccer player * Andrew McCulloch (writer and actor) (born 1945), British television writer and actor * Andrew McCulloch (drummer) (born 1946), British drummer for King Crimson and others * Benjamin McCulloch (1811–1862), American Civil War soldier *Bruce McCulloch Bruce Ian McCulloch (born May 12, 1961) is a Canadian actor, comedian, writer, musician and film director. McCulloch is best known for his work as a m ...
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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, and ...
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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 ...
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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, also known as jury equity or as a perverse verdict, is a decision by the jury in a trial, criminal trial resulting in a verdict of Acquittal, not guilty even though they think a defendant has broken the law. The jury's reas ..., a legal term for a jury's ability to deliver a verdict knowingly in contradiction to written law * Nullification (body modification), short for "genital nullification", a member of an extreme body modification subculture See also * Annih ...
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Kentucky And Virginia Resolutions
The Kentucky and Virginia 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 federal 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 state ...
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James Madison
James Madison (June 28, 1836) was an American statesman, diplomat, and Founding Fathers of the United States, Founding Father who served as the fourth president of the United States from 1809 to 1817. Madison was popularly acclaimed as the "James Madison as Father of the Constitution, Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the United States Bill of Rights, Bill of Rights. Madison was born into a prominent slave-owning Planter class, planter family in Virginia. In 1774, strongly opposed to British taxation, Madison joined with the Patriot (American Revolution), Patriots. He was a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Dissatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention (United States), Constitutional Convention, which produced a n ...
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Thomas Jefferson
Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Independence, Declaration of Independence. Jefferson was the nation's first United States Secretary of State, U.S. secretary of state under George Washington and then the nation's second vice president of the United States, vice president under John Adams. Jefferson was a leading proponent of democracy, republicanism, and Natural law, natural rights, and he produced formative documents and decisions at the state, national, and international levels. Jefferson was born into the Colony of Virginia's planter class, dependent on slavery in the colonial history of the United States, slave labor. During the American Revolution, Jefferson represented Virginia in the Second Continental Congress, which unanimously adopted the Declaration of Independence. ...
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Alien And Sedition Acts
The Alien and Sedition Acts of 1798 were a set of four United States statutes that sought, on national security grounds, to restrict immigration and limit 1st Amendment protections for freedom of speech. They were endorsed by the Federalist Party of President John Adams as a response to a developing dispute with the French Republic and to related fears of domestic political subversion. The prosecution of journalists under the Sedition Act rallied public support for the opposition Democratic-Republicans, and contributed to their success in the elections of 1800. Under the new administration of Thomas Jefferson, only the Alien Enemies Act, granting the president powers of detention and deportation of foreigners in wartime or in face of a threatened invasion, remained in force. After 1800, and up until the second presidency of Donald Trump, the surviving Alien Enemies Act was invoked three times, in each case during the course of a declared war: the War of 1812, and the Firs ...
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Article Six Of The United States Constitution
Article Six of the United States Constitution establishes the laws and treaty, treaties of the United States made in accordance with it as the supreme law of the land, forbids a Test Act, religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation. Text Clauses Debts The first clause of the Article provides that debts contracted prior to the adoption of the Constitution remain valid, as they were under the Articles of Confederation. Supremacy Clause two provides that the Constitution, federal laws made pursuant to it, and treaties made under its authority constitute the supreme law of the land. It provides that State court (United States), state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even State constitutions in the United States, state constit ...
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Articles Of Confederation
The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, was an agreement and early body of law in the Thirteen Colonies, which served as the nation's first Constitution, frame of government during the American Revolution. It was debated by the Second Continental Congress at present-day Independence Hall in Philadelphia between July 1776 and November 1777, was finalized by the Congress on November 15, 1777, and Coming into force, came into force on March 1, 1781, after being ratification, ratified by all 13 colonial states. A central and guiding principle of the Articles was the establishment and preservation of the independence and sovereignty of the original 13 states. The Articles consciously established a weak Confederation, confederal government, affording it only those powers the former colonies recognized as belonging to the The Crown, British Crown and Parliament of Great Britain, Parliament during the Colonial history of the U ...
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American Revolution
The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American Revolutionary War, which was launched on April 19, 1775, in the Battles of Lexington and Concord. Leaders of the American Revolution were Founding Fathers of the United States, colonial separatist leaders who, as British subjects, initially Olive Branch Petition, sought incremental levels of autonomy but came to embrace the cause of full independence and the necessity of prevailing in the Revolutionary War to obtain it. The Second Continental Congress, which represented the colonies and convened in present-day Independence Hall in Philadelphia, formed the Continental Army and appointed George Washington as its commander-in-chief in June 1775, and unanimously adopted the United States Declaration of Independence, Declaration of Independence ...
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