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Compact Clause

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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.



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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.
In 1997 the attorneys general who put together the agreement asked Congress to endorse a similar deal, implicitly conceding that the Compact Clause required such approval.
 
 
 
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