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1 1 (August 15, 2022)

handle is hein.crs/goveiaw0001 and id is 1 raw text is: Congressional ______ R aesearch S rvice Interstate Compacts: An Overview August 15, 2022 The Compact Clause (Article 1, Section 10, Clause 3) provides that No State shall, without the Consent of Congress, ... enter into Any Agreement or Compact with another State, or with a foreign Power. Although straightforward on its face, the Compact Clause serves multiple functions. It protects the national interest by requiring Congress's consent for interstate compacts while, at the same time, empowering states to negotiate and use compacts as a tool to address problems that cross state lines. Along with interstate compacts, the Compact Clause also requires congressional approval for any state agreement with a foreign Power (i.e., a foreign government). States' pacts with foreign governments and other limits on states' power to engage in foreign affairs are discussed in a separate Legal Sidebar. The Compact Clause does not prescribe all elements of the compact-making process, and the Supreme Court has not always interpreted the requirement that Congress consent to any interstate compact literally. This Sidebar discusses the Supreme Court's Compact Clause jurisprudence and provides an overview of Congress's approval practice for interstate compacts and agreements. What Are Agreements and Compacts? The Compact Clause requires congressional approval for Agreements and Compacts but does not elaborate on the distinction between the terms. According to the Supreme Court, both terms refer to contracts between state governments stipulating the conduct or claims of the parties. There is little difference between the terms except that a compact may reflect a more formal and serious engagement than an agreement. When Congress approves an agreement or compact, its consent transforms the pact into federal law. As a result, interstate compacts have dual functions: they operate simultaneously as contracts between states and, once approved by Congress, as federal law. Purpose of Congressional Consent Requirement The ability to form compacts with other governments is a defining characteristic of sovereignty, and the Compact Clause is meant to balance federal and state control over this power. By allowing states to negotiate compacts but requiring congressional approval, the Compact Clause adapts the traditional compact-making power to the American constitutional system in which both the federal government and the states possess sovereignty authority. The clause safeguards national interests by giving Congress the ability to control matters that cross state borders but are not suitable for direct federal regulation. It also Congressional Research Service https://crsreports. congress.gov LSB10807 CRS Legal Sidebar Prepared for Members and Committees of Congress

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