In light of the Court's interpretation of the Compact Clause
, many interstate agreements do not involve the federal government at all.
from the Compact Clause
, which restricts the ability of states to enter
As an interstate compact, the IAD rests on the Compact Clause
of the U.
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.
focusing on the RGGI: preemption, the Compact Clause
, and the Dormant
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 .