Constitution Agreements Between States

The date of congressional approval is not set in the Constitution, so approval can be given either before or after state approval of a particular pact. Consent may be explicit, but it can also be inferred from the circumstances. Congress may also set conditions for approving a pact. [2] Congress must explicitly approve any pact that would increase the political power of states in a way that would bring down the power of the federal government. [3] In the United States, an intergovernmental pact is a pact or agreement between two or more states or between states and a foreign government. The compact clause (Article I, Section 10, Clause 3) of the United States Constitution provides that “no state ,… enter into an agreement or pact with another state or foreign power,…[1] [1] Congressional Research Service, Constitution of the United States of America: Analysis and Interpretation 450-51, www.congress.gov/constitution-annotated (updated August 26, 2017). [14] U.S. Const., art.

I, 10, C. 3, www.archives.gov/founding-docs/constitution-transcript. [15] Virginia v. Tennessee, 148 U.S. 503, 519 (1893). This could happen if a pact “changed the balance of power between the federal states and the federal government,” created coalitions of states that would reduce the power of the federal government or change the balance of power between states in the federal structure, or assert themselves poorly on a constitutionally established subject available to Congress. Buenger et al., supra note 2, at 69. The decision-making procedure for a compact is defined in the compact itself.

In the case of pacts that envisage making future decisions, decision-making may be delegated to the intergovernmental agency constituted by the Covenant, which serves representatives of the contracting states to the Covenant or to another governing body with representatives of the parties, such as. B a board of directors. [35] Buenger et al., supra note 2, at 237. The purposes can be developed according to two target groups: legislators from states that wish to enter the Covenant before their approval, and then those who will act under the Covenant, as well as all judicial procedures that may be called upon to interpret or enforce it. Id. The National Center for Interstate Compacts of the Council of State Governments has created an online database containing intergovernmental compacts available on apps.csg.org/ncic/Default.aspx. The database allows searches by compact name, status, object category, acceptance year and keyword. Information on each pact includes the situation, the contracting parties, information on where the pact appears in the respective statutes of those states and, in many cases, a PDF version of the pact and/or a link to the Commission`s website or another intergovernmental agency created by the pact. The intergovernmental pacts in the database cover different countries and address a wide range of issues such as nature and environmental protection, education, insurance, taxation and other issues. According to the Council of State, 36 pacts were approved between 1783 and 1920.

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