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All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. —
All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final.
When the people of a territory or a region have grown to a sufficient population and have made their desire for statehood known to the federal government, Congress in most cases has passed an enabling act, authorizing the people of that territory or region to frame a proposed state constitution as a step toward admission to the Union. The use ...
The state is said to be "interposing" itself between the federal government and the people of the state. The concept of nullification stems from the so-called compact theory suggesting that because the states created the federal government by agreement ("compact") to join the Union, they alone can determine how much power they delegate to the ...
It also contained three new limits on state power: a state shall not violate a citizen's privileges or immunities; shall not deprive any person of life, liberty, or property without due process of law; and must guarantee all persons equal protection of the laws. These limitations dramatically expanded the protections of the Constitution.
Marshall wrote that "a general provision may be made, and power is given to those who are to act under such general provisions, to fill up the details." Marshall's words and future court decisions gave Congress much latitude in delegating powers. It was not until the 1930s that the Supreme Court held a delegation of authority unconstitutional.
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In Pacific States Telephone & Telegraph Co. v. Oregon, the Supreme Court was asked to invalidate referendums (a form of direct democracy rather than representative democracy) permitted by state law, on the ground that they violate the Guarantee Clause's republican form of government requirement. The court refused to invalidate referendums.