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Interstate compact

September 04, 2023

In the United States, an interstate compact is a pact or agreement between two or more states, or between states and any foreign government. The Compact Clause (Article I, Section 10, Clause 3) of the United States Constitution provides that "No State shall, without the Consent of Congress,... enter into any Agreement or Compact with another State, or with a foreign Power,..."[1]

However, in a report released in October 2019 about the proposed National Popular Vote Interstate Compact, the Congressional Research Service (CRS) cited the U.S. Supreme Court's ruling in Virginia v. Tennessee (1893)—reaffirmed in U.S. Steel Corp. v. Multistate Tax Commission (1978) and Cuyler v. Adams (1981)—that ruled that explicit congressional consent of interstate compacts is not required for agreements "which the United States can have no possible objection or have any interest in interfering with" (in addition to ruling that the words "agreement" and "compact" used in the Compact Clause are synonyms).[2] Instead, the Court required explicit congressional consent for interstate compacts that are "directed to the formation of any combination tending to the increase of political power in the States, which may encroach upon or interfere with the just supremacy of the United States"—meaning where the vertical balance of power between the federal government and state governments is altered in favor of state governments,[3] while the report references U.S. Steel Corp. v. Multistate Tax Commission as stating that the "pertinent inquiry [with respect to the Compact Clause] is one of potential, rather than actual, impact on federal supremacy" in noting that the potential erosion of an enumerated power of the United States Congress by an interstate compact can arguably require explicit congressional approval.[3][4] The CRS report cites the Supreme Court's rulings in Florida v. Georgia (1855) and in Texas v. New Mexico and Colorado (2018) as recognizing that explicit congressional consent is also required for interstate compacts that alter the horizontal balance of power amongst state governments.[5]

Citing Metropolitan Washington Airports Authority v. Citizens for Abatement of Aircraft Noise, Inc. (1991) as stating that if an enumerated power under the Constitution is legislative, then "Congress must exercise it in conformity with the bicameralism and presentment requirements of Article I, Section VII", and noting that the Republican River Compact was initially vetoed by President Franklin D. Roosevelt in 1942, the CRS report states that if an interstate compact requires explicit congressional approval, it must be approved by both houses of Congress and signed into law by the President in order to become law.[6] In Cuyler v. Adams, the Court held that congressional approval of interstate compacts makes them federal laws.[7][8] The CRS report cites the Court's opinions in Virginia v. Tennessee and Northeast Bancorp v. Federal Reserve Board of Governors (1985) as stating that any agreement between two or more states that "cover[s] all stipulations affecting the conduct or claims of the parties", prohibits members from "modify[ing] or repeal[ing] [the agreement] unilaterally", and requires "'reciprocation' of mutual obligations" constitutes an interstate compact.[9] Additionally, the CRS report cites the Court's opinion in Northeast Bancorp as suggesting that a requirement of a new interstate governmental entity is a sufficient condition for an agreement to qualify as being an interstate compact under the Compact Clause.[2] The CRS report stated that there were approximately 200 interstate compacts in effect in 2019.[10]

The timing for Congressional consent is not specified by the Constitution, so consent may be given either before or after the states have agreed to a particular compact. The consent may be explicit, but it may also be inferred from circumstances. Congress may also impose conditions as part of its approval of a compact.[11] Congress must explicitly approve any compact that would give a state power that is otherwise designated to the federal government.[12]

Most early interstate compacts resolved boundary disputes, but since the early 20th century, compacts have increasingly been used as a tool of state cooperation.[11] In some cases, an agreement will create a new multi-state governmental agency which is responsible for administering or improving some shared resource such as a seaport or public transportation infrastructure.

Interstate compacts are distinct from Uniform Acts, which are model statutes produced by non-governmental bodies of legal experts to be passed by state legislatures independently, rather than constituting an agreement among multiple states.

History Edit

Treaties between the states, ratified under the Articles of Confederation during the period after American independence in 1776 until the current U.S. Constitution was ratified in 1789, are grandfathered and treated as interstate compacts. This includes agreements like the Treaty of Beaufort, which set the boundary between Georgia and South Carolina in 1787, and is still in effect.

Prior to 1922, most interstate compacts were either border agreements between states or advisory compacts, the latter of which are tasked with conducting joint studies to report back to the respective state legislatures. With the creation of the Port Authority of New York and New Jersey in 1922, administrative compacts began to develop as a third, more-empowered type of interstate compact, in which persistent governance structures are tasked by member states with conducting designated services.

Today, Virginia is a member of the most interstate compacts at 40, while Hawaii is a member of the fewest at 15.[13]

Operating agencies created by interstate compact Edit

Borders and land/water administration Edit

Transportation Edit

Other Edit

Non-operating interstate compacts Edit

See also Edit

 
Wikimedia Commons has media related to Interstate compacts of the United States.

References Edit

  1. ^ "The Power of the States to Make Compacts". The Yale Law Journal. The Yale Law Journal Company. 31 (6): 635–639. April 1922. doi:10.2307/788529. JSTOR 788529.
  2. ^ a b Neale & Nolan 2019, pp. 22–23.
  3. ^ a b Neale & Nolan 2019, p. 24.
  4. ^ "United States Steel Corp. v. Multistate Tax Comm'n, 434 U.S. 452 (1978)". Justia. Retrieved December 23, 2022.   This article incorporates text from this source, which is in the public domain.
  5. ^ Neale & Nolan 2019, pp. 24–25.
  6. ^ Neale & Nolan 2019, p. 26.
  7. ^ "Cuyler v. Adams, 449 U.S. 433 (1981)". Justia. Retrieved December 23, 2022.   This article incorporates text from this source, which is in the public domain.
  8. ^ Drake, Ian J. (September 20, 2013). "Federal Roadblocks: The Constitution and the National Popular Vote Interstate Compact". Publius: The Journal of Federalism. Oxford University Press. 44 (4): 691–694. doi:10.1093/publius/pjt037.
  9. ^ Neale & Nolan 2019, pp. 23–24.
  10. ^ Neale & Nolan 2019, p. 22.
  11. ^ a b "Compacts Clause | Constitution Annotated | Congress.gov | Library of Congress". constitution.congress.gov. Retrieved 2020-04-14.
  12. ^ (PDF). csg.org. Lexington, Kentucky: National Center for Interstate Compacts. Archived from the original (PDF) on March 10, 2021. Retrieved April 19, 2020.
  13. ^ (PDF). csg.org. Lexington, Kentucky: National Center for Interstate Compacts. Archived from the original (PDF) on September 4, 2021.
  14. ^ "Atlantic States Marine Fisheries Commission: About Us". Archived from the original on 2004-04-27. Retrieved 2009-06-23.
  15. ^ "Breaks Interstate Park Compact - Ballotpedia".
  16. ^ Upper Colorado River Basin Compact of 1948, U.S. Bureau of Reclamation, 1948
  17. ^ "Connecticut River Valley Flood Control Commission - Monitoring flood control dams in the CT River valley".
  18. ^ csebestyen. "Delaware River Basin Commission-Milestones".
  19. ^ . Archived from the original on 2009-03-26. Retrieved 2013-08-11.
  20. ^ "Home - ICPRB".
  21. ^ LLC, Yankee Planning Group. "Interstate Environmental Commission".
  22. ^ "Northwest Power & Conservation Council".
  23. ^ "Port Authority of New York & New Jersey".
  24. ^ "Red River Compact Commission".
  25. ^ "Tahoe Regional Planning Agency — TRPA". Tahoe Regional Planning Agency — TRPA.
  26. ^ "Waterfront Commission of New York Harbor (WCNYH)".
  27. ^ "Home - WMATA".
  28. ^ "Welcome to the Washington Metropolitan Area Transit Commission".
  29. ^ "Midwest Interstate Passenger Rail Compact". National Center for Interstate Compacts (NCIC).
  30. ^ "Virginia-North Carolina High Speed Rail Compact". Virginia DOT.
  31. ^ Klar, Rebecca (April 27, 2020). "Colorado and Nevada join western states cooperating on reopening". The Hill. Retrieved July 26, 2020.
  32. ^ Website, ICAOS -. "ICAOS - Interstate Commission for Adult Offender Supervision".
  33. ^ "Welcome". www.rggi.org. RGGI, Inc.
  34. ^ a b "More Power for States: Good or Bad? | Bacon's Rebellion". 18 March 2019.
  35. ^ Lahut, Jake (Apr 13, 2020). "New York Gov. Cuomo unveils multistate coalition to reopen economy after coronavirus". Business Insider. Retrieved July 26, 2020.
  36. ^ . ECS Official Website. Education Commission of the States. c. 2011. Archived from the original on 2012-02-09. Retrieved 2012-02-19. John Hickenlooper, Chair
  37. ^ "Nurse Licensure Compact (NLC)".

Works cited Edit

  • Neale, Thomas H.; Nolan, Andrew (October 28, 2019). The National Popular Vote (NPV) Initiative: Direct Election of the President by Interstate Compact (Report). Congressional Research Service. Retrieved November 10, 2019.

September 04, 2023
interstate, compact, united, states, interstate, compact, pact, agreement, between, more, states, between, states, foreign, government, compact, clause, article, section, clause, united, states, constitution, provides, that, state, shall, without, consent, con. In the United States an interstate compact is a pact or agreement between two or more states or between states and any foreign government The Compact Clause Article I Section 10 Clause 3 of the United States Constitution provides that No State shall without the Consent of Congress enter into any Agreement or Compact with another State or with a foreign Power 1 However in a report released in October 2019 about the proposed National Popular Vote Interstate Compact the Congressional Research Service CRS cited the U S Supreme Court s ruling in Virginia v Tennessee 1893 reaffirmed in U S Steel Corp v Multistate Tax Commission 1978 and Cuyler v Adams 1981 that ruled that explicit congressional consent of interstate compacts is not required for agreements which the United States can have no possible objection or have any interest in interfering with in addition to ruling that the words agreement and compact used in the Compact Clause are synonyms 2 Instead the Court required explicit congressional consent for interstate compacts that are directed to the formation of any combination tending to the increase of political power in the States which may encroach upon or interfere with the just supremacy of the United States meaning where the vertical balance of power between the federal government and state governments is altered in favor of state governments 3 while the report references U S Steel Corp v Multistate Tax Commission as stating that the pertinent inquiry with respect to the Compact Clause is one of potential rather than actual impact on federal supremacy in noting that the potential erosion of an enumerated power of the United States Congress by an interstate compact can arguably require explicit congressional approval 3 4 The CRS report cites the Supreme Court s rulings in Florida v Georgia 1855 and in Texas v New Mexico and Colorado 2018 as recognizing that explicit congressional consent is also required for interstate compacts that alter the horizontal balance of power amongst state governments 5 Citing Metropolitan Washington Airports Authority v Citizens for Abatement of Aircraft Noise Inc 1991 as stating that if an enumerated power under the Constitution is legislative then Congress must exercise it in conformity with the bicameralism and presentment requirements of Article I Section VII and noting that the Republican River Compact was initially vetoed by President Franklin D Roosevelt in 1942 the CRS report states that if an interstate compact requires explicit congressional approval it must be approved by both houses of Congress and signed into law by the President in order to become law 6 In Cuyler v Adams the Court held that congressional approval of interstate compacts makes them federal laws 7 8 The CRS report cites the Court s opinions in Virginia v Tennessee and Northeast Bancorp v Federal Reserve Board of Governors 1985 as stating that any agreement between two or more states that cover s all stipulations affecting the conduct or claims of the parties prohibits members from modify ing or repeal ing the agreement unilaterally and requires reciprocation of mutual obligations constitutes an interstate compact 9 Additionally the CRS report cites the Court s opinion in Northeast Bancorp as suggesting that a requirement of a new interstate governmental entity is a sufficient condition for an agreement to qualify as being an interstate compact under the Compact Clause 2 The CRS report stated that there were approximately 200 interstate compacts in effect in 2019 10 The timing for Congressional consent is not specified by the Constitution so consent may be given either before or after the states have agreed to a particular compact The consent may be explicit but it may also be inferred from circumstances Congress may also impose conditions as part of its approval of a compact 11 Congress must explicitly approve any compact that would give a state power that is otherwise designated to the federal government 12 Most early interstate compacts resolved boundary disputes but since the early 20th century compacts have increasingly been used as a tool of state cooperation 11 In some cases an agreement will create a new multi state governmental agency which is responsible for administering or improving some shared resource such as a seaport or public transportation infrastructure Interstate compacts are distinct from Uniform Acts which are model statutes produced by non governmental bodies of legal experts to be passed by state legislatures independently rather than constituting an agreement among multiple states Contents 1 History 2 Operating agencies created by interstate compact 2 1 Borders and land water administration 2 2 Transportation 2 3 Other 3 Non operating interstate compacts 4 See also 5 References 6 Works citedHistory EditTreaties between the states ratified under the Articles of Confederation during the period after American independence in 1776 until the current U S Constitution was ratified in 1789 are grandfathered and treated as interstate compacts This includes agreements like the Treaty of Beaufort which set the boundary between Georgia and South Carolina in 1787 and is still in effect Prior to 1922 most interstate compacts were either border agreements between states or advisory compacts the latter of which are tasked with conducting joint studies to report back to the respective state legislatures With the creation of the Port Authority of New York and New Jersey in 1922 administrative compacts began to develop as a third more empowered type of interstate compact in which persistent governance structures are tasked by member states with conducting designated services Today Virginia is a member of the most interstate compacts at 40 while Hawaii is a member of the fewest at 15 13 Operating agencies created by interstate compact EditBorders and land water administration Edit Atlantic States Marine Fisheries Commission Maine New Hampshire Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania Delaware Maryland Virginia North Carolina South Carolina Georgia and Florida 14 Bear River Commission Idaho Utah and Wyoming Breaks Interstate Park Commission Kentucky and Virginia 15 Colorado River Compact Colorado New Mexico Utah Wyoming Nevada Arizona and California 16 Columbia River Gorge Commission Oregon and Washington Connecticut River Valley Flood Control Commission Connecticut Massachusetts New Hampshire and Vermont 17 Delaware River Basin Commission Pennsylvania Delaware New Jersey and New York 18 Delaware River Port Authority Pennsylvania and New Jersey 19 Delaware River and Bay Authority Delaware and New Jersey Great Lakes Commission Illinois Indiana Michigan Minnesota New York Ohio Pennsylvania and Wisconsin plus Canadian provinces of Ontario and Quebec as associate members Gulf States Marine Fisheries Commission Alabama Florida Louisiana Mississippi and Texas Interstate Commission on the Potomac River Basin Maryland West Virginia Virginia Pennsylvania and District of Columbia 20 Interstate Environmental Commission Connecticut New Jersey and New York 21 Interstate Oil and Gas Compact Commission Interstate Wildlife Violator Compact all states except Hawaii and Massachusetts NEIWPCC originally called the New England Interstate Water Pollution Control Commission Connecticut Maine Massachusetts New Hampshire New York Rhode Island Vermont Northwest Power and Conservation Council Oregon Washington Montana and Idaho 22 Pacific States Marine Fisheries Commission California Oregon Washington Idaho and Alaska Palisades Interstate Park Commission New York and New Jersey Port Authority of New York and New Jersey New Jersey and New York 23 Red River Compact Commission Arkansas Louisiana Oklahoma and Texas 24 Susquehanna River Basin Commission Pennsylvania New York and Maryland Tahoe Regional Planning Agency California and Nevada 25 Waterfront Commission of New York Harbor New Jersey and New York 26 Transportation Edit Bi State Development Agency Missouri and Illinois Washington Metropolitan Area Transit Authority Maryland Virginia and Washington D C 27 Washington Metropolitan Area Transit Commission Maryland Virginia and Washington D C 28 Kansas City Area Transportation Authority Kansas and Missouri Midwest Interstate Passenger Rail Commission Illinois Indiana Kansas Michigan Minnesota Missouri Nebraska North Dakota Wisconsin 29 Virginia North Carolina High Speed Rail Compact North Carolina and Virginia 30 Delaware River Joint Toll Bridge Commission Pennsylvania and New Jersey Other Edit Interstate Compact on the Placement of Children all 50 states Western States Pact California Colorado Nevada Oregon Washington 31 Rivendell Interstate School District New Hampshire Vermont Interstate Commission for Adult Offender Supervision all states two territories and Washington D C 32 Regional Greenhouse Gas Initiative Connecticut Delaware Maine Maryland Massachusetts New Hampshire New Jersey New York Rhode Island Vermont and Virginia 33 34 Dresden School District New Hampshire Vermont Driver License Compact all states except Georgia Massachusetts Tennessee and Wisconsin Eastern States Multi state Council New York New Jersey Pennsylvania Massachusetts Rhode Island Connecticut Delaware 35 Education Commission of the States all states except Washington State three territories and Washington D C 36 Electronic Registration Information Center 32 states and Washington D C Emergency Management Assistance Compact all states plus Washington D C Puerto Rico and the U S Virgin Islands Multistate Tax Commission all states except Delaware Nevada and Virginia Nurse Licensure Compact 33 states 37 Recognition of EMS Personnel Licensure Interstate CompAct Midwest Governors Regional Pact Illinois Indiana Kentucky Michigan Minnesota Ohio Wisconsin Non operating interstate compacts EditNational Popular Vote Interstate Compact which will not take effect until additional states join the compact to send all their electors to the electoral college based on the results of the popular vote Northeast Interstate Dairy Compact cancelled in 2001 by an act of Congress Transportation Climate Initiative 34 a proposed compact among the same states as the Regional Greenhouse Gas InitiativeSee also Edit nbsp Wikimedia Commons has media related to Interstate compacts of the United States American Association of State Highway and Transportation Officials United States Numbered Highway System and the United States Bicycle Route System Enhanced cooperation a similar system in the European Union Occupational licensing a more recent focus of newer interstate compacts Treaty an agreement between two or more international actors usually sovereign states References Edit The Power of the States to Make Compacts The Yale Law Journal The Yale Law Journal Company 31 6 635 639 April 1922 doi 10 2307 788529 JSTOR 788529 a b Neale amp Nolan 2019 pp 22 23 a b Neale amp Nolan 2019 p 24 United States Steel Corp v Multistate Tax Comm n 434 U S 452 1978 Justia Retrieved December 23 2022 nbsp This article incorporates text from this source which is in the public domain Neale amp Nolan 2019 pp 24 25 Neale amp Nolan 2019 p 26 Cuyler v Adams 449 U S 433 1981 Justia Retrieved December 23 2022 nbsp This article incorporates text from this source which is in the public domain Drake Ian J September 20 2013 Federal Roadblocks The Constitution and the National Popular Vote Interstate Compact Publius The Journal of Federalism Oxford University Press 44 4 691 694 doi 10 1093 publius pjt037 Neale amp Nolan 2019 pp 23 24 Neale amp Nolan 2019 p 22 a b Compacts Clause Constitution Annotated Congress gov Library of Congress constitution congress gov Retrieved 2020 04 14 Interstate Compacts Fact Sheet PDF csg org Lexington Kentucky National Center for Interstate Compacts Archived from the original PDF on March 10 2021 Retrieved April 19 2020 Interstate Compacts Background History and Modern Use PDF csg org Lexington Kentucky National Center for Interstate Compacts Archived from the original PDF on September 4 2021 Atlantic States Marine Fisheries Commission About Us Archived from the original on 2004 04 27 Retrieved 2009 06 23 Breaks Interstate Park Compact Ballotpedia Upper Colorado River Basin Compact of 1948 U S Bureau of Reclamation 1948 Connecticut River Valley Flood Control Commission Monitoring flood control dams in the CT River valley csebestyen Delaware River Basin Commission Milestones DRPA Delaware River Port Authority Archived from the original on 2009 03 26 Retrieved 2013 08 11 Home ICPRB LLC Yankee Planning Group Interstate Environmental Commission Northwest Power amp Conservation Council Port Authority of New York amp New Jersey Red River Compact Commission Tahoe Regional Planning Agency TRPA Tahoe Regional Planning Agency TRPA Waterfront Commission of New York Harbor WCNYH Home WMATA Welcome to the Washington Metropolitan Area Transit Commission Midwest Interstate Passenger Rail Compact National Center for Interstate Compacts NCIC Virginia North Carolina High Speed Rail Compact Virginia DOT Klar Rebecca April 27 2020 Colorado and Nevada join western states cooperating on reopening The Hill Retrieved July 26 2020 Website ICAOS ICAOS Interstate Commission for Adult Offender Supervision Welcome www rggi org RGGI Inc a b More Power for States Good or Bad Bacon s Rebellion 18 March 2019 Lahut Jake Apr 13 2020 New York Gov Cuomo unveils multistate coalition to reopen economy after coronavirus Business Insider Retrieved July 26 2020 ECS Officers and President ECS Officers for 2011 13 ECS Official Website Education Commission of the States c 2011 Archived from the original on 2012 02 09 Retrieved 2012 02 19 John Hickenlooper Chair Nurse Licensure Compact NLC Works cited EditNeale Thomas H Nolan Andrew October 28 2019 The National Popular Vote NPV Initiative Direct Election of the President by Interstate Compact Report Congressional Research Service Retrieved November 10 2019 Retrieved from https en wikipedia org w index php title Interstate compact amp oldid 1167294529, wikipedia, wiki, book, books, library,

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