further statistical information it might
be possible to argue at length that the
Maryland constitution is a practical ex-
ample of the compact theory, but such,
numerical evidence would be of little
value if one considers the political up-
heaval surrounding ratification of that
document. It is advantageous to think
of the Maryland and federal constitu-
tions as compacts maintained by the
consent of the governed. That political
obligation originates in popular consent
is a principle held dearly by Americans.
That rights can be bestowed and duties
imposed upon a willing people by their
appointed government is the same basic
principle, cherished today, the origin of
which can be found in the compact
theory. If one continues to seek that
original unanimity, one may never find
it; but the theory's continuing validity
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is supported by its basic relevance to an
understanding of right and duty in
society.
SUMMARY
Despite criticism from empiricists, in-
dividualists, and psychologists, the com-
pact theory remains as an explanation
of man's binding obligations to his civil
society.
A state's police power is derived from
popular consent, largely formed of tacit
consent. Although this police power
may be exercised by majority rule, man
retains his civil right to alter govern-
ment constitutionally and his natural
right to alter or abolish government
unconstitutionally. A constitutional rec-
ognition of this latter natural right
would impair those ends which the con-
stitution is instituted to attain.
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