Compact Clause


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Compact Clause

A provision contained in Article I, Section 10, Clause 3, of the U.S. Constitution, which states, "No State shall, without the consent of Congress … enter into any Agreement or Compact with another State." Intended to curtail the increase of political power in the individual states that might interfere with the supremacy of the federal government or impose an unconstitutional burden on interstate commerce in violation of the Commerce Clause.

References in periodicals archive ?
In light of the Court's interpretation of the Compact Clause, many interstate agreements do not involve the federal government at all.
175) Certain types of interstate agreements or compacts, he notes, do not require the explicit consent of Congress "because they do not affect national sovereignty or concern the core meaning of the Compact Clause.
The Contract Clause and the Compact Clause, respectively forbidding the states from impairing contractual obligations and forming agreements without the consent of Congress, limit the effect of local and interstate factional influence.
64) The language of the Compact Clause appears damning for the regional initiatives, as it-clearly proclaims that "[n]o State shall, without the Consent of Congress, .
The interstate compact clause was viewed initially as a mechanism allowing states added flexibility to solve regional problems by contractual conjoint activities, thereby obviating the need for Congress to devote time to solving a bistate or regional problem capable of solution by interstate cooperation.
12) The State Department Memo declined, however, to determine the MOU's constitutionality, saying merely that it "potentially implicates several constitutional doctrines," including the Compact Clause.
Muller, a law clerk for the Eighth Circuit Court of Appeals, argues that the popular vote would clearly fall under the Compact Clause of the Constitution, which reads: "No State shall, without the Consent of Congress.
He traces the rise and fall of the Article, particularly what he considers its most important provisions: the Contract Clause, the Bill of Attainder and Ex Post Facto Clause, the non-retroactive provisions, the Import-Export Clause, and the Interstate Compact Clause.
The plaintiffs argue that the Master Settlement Agreement (MSA) negotiated by state attorneys general with the leading tobacco companies violates the Constitution's Compact Clause, which says "no State shall, without the consent of Congress .