Its creation was never approved by Congress, as required by the Compact Clause
, which states that "[n]o state shall, without the consent of Congress .
focusing on the RGGI: preemption, the Compact Clause, and the Dormant
Supreme Court in 1893 opined that the Compact Clause should not
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 .
In addition to the Compact Clause, CEI says, the MSA violates federal antitrust law, bankruptcy law (by giving the states privileged status as creditors), the Federal Cigarette Labeling and Advertising Act (by regulating cigarette advertising and promotion, an area the law reserves to Congress), and the First Amendment (by restricting advertising and lobbying).
Constitution including the Commerce Clause, the Property Clause, the Compact Clause
, the Tenth Amendment, and the Fifth Amendment entitlement to equal protection.
District Court in Louisville, Kentucky, charges the 52 states and territories' attorneys general with violating the Sherman Anti-Trust Act, its constitutional rights under the Equal Protection and Due Process Clauses of the Fourteenth Amendment, the Compact Clause
and the Commerce Clause of the U.
The Compact Clause
of the United States Constitution provides that "[n]o state shall, without the consent of Congress .
The fact is that the Compact Clause
was never intended, and, except for the milk price-fixing controversy currently before Congress, has never been used, as a vehicle for regional economic protectionism.
Constitution by the Institute for Policy Innovation (IPI), such collaboration probably violates the Compact Clause
of the Constitution, and possibly the Confederation Clause as well.