United States Constitution in the context of "Property Clause"

Polybius (/pəˈlɪbiəs/; Ancient Greek: Πολύβιος, Polýbios; c. 200 – c. 118 BC) was an ancient Greek historian of the middle Hellenistic period. He is noted for his Histories, a universal history documenting the rise of Rome in the Mediterranean in the third and second centuries BC. It covers the period 264–146, recording in detail events in Italy, Iberia, Greece, Macedonia, Syria, Egypt and Africa, and documents the Punic Wars and Macedonian Wars among many others.

Polybius's Histories is important not only for being the only Hellenistic historical work to survive in any substantial form, but also for its analysis of constitutional change and the mixed constitution. Polybius's discussion of the separation of powers in government, of checks and balances to limit power, and his introduction of "the people", all influenced Montesquieu's The Spirit of the Laws, John Locke's Two Treatises of Government, and the framers of the United States Constitution.

The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. Originally published anonymously, as was the norm, its influence outside France was aided by its rapid translation into other languages. In 1750 Thomas Nugent published an English translation, many times revised and reprinted in countless editions. In 1751 the Roman Catholic Church added De l'esprit des lois to its Index Librorum Prohibitorum ("List of Prohibited Books").

Montesquieu's treatise, already widely disseminated, had an enormous influence on the work of many others, most notably: Catherine the Great, who produced Nakaz (Instruction); the Founding Fathers of the United States Constitution; and Alexis de Tocqueville, who applied Montesquieu's methods to a study of American society, in Democracy in America. British historian and politician Macaulay referenced Montesquieu's continuing importance when he wrote in his 1827 essay entitled "Machiavelli" that "Montesquieu enjoys, perhaps, a wider celebrity than any political writer of modern Europe" [1].

The United States of America is a federal republic consisting of 50 states, a federal district (Washington, D.C., the capital city of the United States), five major territories, and minor islands. Both the states and the United States as a whole are each sovereign jurisdictions. The Tenth Amendment to the United States Constitution allows states to exercise all powers of government not delegated to the federal government. Each state has its own constitution and government. All states and their residents are represented in the federal Congress, a bicameral legislature consisting of the Senate and the House of Representatives. Each state elects two senators, while representatives are distributed among the states in proportion to the most recent constitutionally mandated decennial census.

Each state is entitled to select a number of electors to vote in the Electoral College, the body that elects the president of the United States, equal to the total of representatives and senators in Congress from that state. The federal district does not have representatives in the Senate, but has a non-voting delegate in the House, and it is entitled to electors in the Electoral College. Congress can admit more states, but it cannot create a new state from territory of an existing state or merge two or more states into one without the consent of all states involved. Each new state is admitted on an equal footing with the existing states.

Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws that they deem unconstitutional with respect to the United States Constitution (as opposed to the state's own constitution). There are similar theories that any officer, jury, or individual may do the same. The theory of state nullification has never been legally upheld by federal courts, although jury nullification has.

The theory of nullification is based on a view that the states formed the Union by an agreement (or "compact") among the states, and that as creators of the federal government, the states have the final authority to determine the limits of the power of that government. Under this, the compact theory, the states and not the federal courts are the ultimate interpreters of the extent of the federal government's power. Under this theory, the states therefore may reject, or nullify, federal laws that the states believe are beyond the federal government's constitutional powers. The related idea of interposition is a theory that a state has the right and the duty to "interpose" itself when the federal government enacts laws that the state believes to be unconstitutional. Thomas Jefferson and James Madison set forth the theories of nullification and interposition in the Kentucky and Virginia Resolutions in 1798.

The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first.

The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. The First Amendment applies only to state actors.

The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States.

The United States Army (U.S. Army) is the land service branch of the United States Armed Forces. It is designated as the Army of the United States in the United States Constitution. It operates under the authority, direction, and control of the United States secretary of defense. As a part of the United States Department of Defense, it is one of the six armed forces of the United States and one of the eight uniformed services of the United States. The Army is the most senior branch in order of precedence amongst the armed services. It has its roots in the Continental Army, formed on 14 June 1775 to fight against the British for independence during the American Revolutionary War (1775–1783). After the Revolutionary War, the Congress of the Confederation created the United States Army on 3 June 1784 to replace the disbanded Continental Army.

The U.S. Army is part of the Department of the Army, which is one of the three military departments of the Department of Defense. The U.S. Army is headed by a civilian senior appointed civil servant, the secretary of the Army (SECARMY), and by a chief military officer, the chief of staff of the Army (CSA) who is a member of the Joint Chiefs of Staff. It is the largest military branch, and in the fiscal year 2022, the projected end strength for the Regular Army (USA) was 480,893 soldiers; the Army National Guard (ARNG) had 336,129 soldiers and the U.S. Army Reserve (USAR) had 188,703 soldiers; the combined-component strength of the U.S. Army was 1,005,725 soldiers. The Army's mission is "to fight and win our Nation's wars, by providing prompt, sustained land dominance, across the full range of military operations and the spectrum of conflict, in support of combatant commanders". The branch participates in conflicts worldwide and is the major ground-based offensive and defensive force of the United States of America.‌

The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.

The Constitution explicitly assigns the president the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The president takes care that the laws are faithfully executed and has the power to appoint and remove executive officers; as a result of these two powers, the president can direct officials on how to interpret the law (subject to judicial review) and on staffing and personnel decisions. The president may make treaties, which need to be ratified by two-thirds of the Senate, and is accorded those foreign-affairs functions not otherwise granted to Congress or shared with the Senate. Thus, the president can control the formation and communication of foreign policy and can direct the nation's diplomatic corps. The president may also appoint Article III judges and some officers with the advice and consent of the U.S. Senate. In the condition of a Senate recess, the president may make a temporary appointment.

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, a euphemism, or a dog whistle because of its use in opposition to federally-mandated racial desegregation and, more recently, same-sex marriage and reproductive rights.

The legal institution of human chattel slavery, comprising the enslavement primarily of Africans and African Americans, was prevalent in the United States of America from its founding in 1776 until 1865, predominantly in the South. Slavery was found throughout European colonization in the Americas. From 1526, during the early colonial period, it was practiced in what became Britain's colonies, including the Thirteen Colonies that formed the United States. Under the law, children were born into slavery, and an enslaved person was treated as property that could be bought, sold, or given away. Slavery lasted in about half of U.S. states until abolition in 1865, and issues concerning slavery seeped into every aspect of national politics, economics, and social custom. In the decades after the end of Reconstruction in 1877, many of slavery's economic and social functions were continued through segregation, sharecropping, and convict leasing. Involuntary servitude as a punishment for crime remains legal.

By the time of the American Revolutionary War (1775–1783), the status of enslaved people had been institutionalized as a racial caste associated with African ancestry. During and immediately following the Revolution, abolitionist laws were passed in most Northern states and a movement developed to abolish slavery. The role of slavery under the United States Constitution (1789) was the most contentious issue during its drafting. The Three-Fifths Clause of the Constitution gave slave states disproportionate political power, while the Fugitive Slave Clause (Article IV, Section 2, Clause 3) provided that, if a slave escaped to another state, the other state could not prevent the return of the slave to the person claiming to be his or her owner. All Northern states had abolished slavery to some degree by 1805, sometimes with completion at a future date, and sometimes with an intermediary status of unpaid indentured servitude.