In my exchange with Dean Clancy, I presented (in the comments section) a few of the initial problems that opponents of the compact theory of the Union (which holds that the Union was created by the sovereign peoples of the states) have to confront. The nationalist view, by contrast, holds that the Union was created by a singular “people”; from there comes the inevitable conclusion that the Union is indestructible, nullification is unthinkable, etc.

Thus I wrote:

Where is the proof of this “one people”? Where did it come from? Where is evidence of this “one people” doing anything? I see zero such evidence.

The compact theory of the Union is just about one of the most persuasive theories I have ever encountered.

Why would the states have ratified the Constitution one by one?

Why did the Declaration speak of free and independent states?

Why did the states perform actions we associate with sovereignty?

Why did Britain acknowledge the independence of individual states?

Why did the Articles of Confederation say the states “retained” their sovereignty? If they “retained” it, didn’t that mean they must have had it to begin with?

These are just a few of the difficulties the nationalists have to overcome.

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



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The 10th Amendment

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