Constitution Agreements Between States

After negotiation, intergovernmental pacts must be approved by legislators in your affiliated states. [10] A pact is approved by a state legislator in accordance with its procedure for enacting legislation and becomes the status of the state. [11] If approved by the legislature, the governor of a state still has the power to veto a pact if the governor so decides (subject to the legislature`s ability to strike a veto by a new vote). [12] Representatives of states negotiating a pact are well advised to ensure that their respective legislators are informed of the progress of negotiations and the resolution of issues and are familiar with them; Otherwise, a legislator may refuse to approve a pact as presented and request a renegotiation of questions before its approval is granted. [13] A compact for which much information is available online is the Multistate Tax Compact, which came into effect in 1967. Its members include 15 states and the District of Columbia. [76] With the information available on the Multistate Tax Commission website, this commission was created to pursue the following objectives: [16] Congressional Research Service, Constitution of the United States of America: Analysis and Interpretation 450-51, (updated August 26, 2017). According to the Connecticut General Assembly`s Office of Legislative Research, the policy consent clause clause is the standard on which the Supreme Court based its decisions on intergovernmental pacts. At the heart of this argument is that the decision “whether the pact contains a political subject that affects the interests of the Confederacy or the interests of the uncompensated sister states, in which case congressional approval is necessary,” is the only basis on which the constitutionality of such agreements lies.

The 1978 Case of the United States Steel Corp. v. Multistate Tax Commission of the Supreme Court held that the number of states participating in an agreement “is irrelevant if it does not unduly increase state power to the detriment of federal supremacy and the powers conferred on the governing body must also be assessed for such an improvement.” [8] [9] According to the Council of Governments, 36 pacts were approved between 1783 and 1920. After 1920, The Compacts were formed more and more often, with a total of 191 between 1921 and 2014. [1] [2] Agreements between states predated the ratification of the U.S. Constitution to settle interstate disputes. Between 1776 and the ratification of the Constitution in 1788, agreements between states were adopted in the form of treaties. The U.S. Constitution provides for interstate agreements in Article I: [4] [15] Virginia v. Tennessee, 148 U.S. 503, 519 (1893).

This could happen if a pact “changed the balance of power between the federal states and the federal government,” created coalitions of states that would reduce the power of the federal government or change the balance of power between states in the federal structure, or assert themselves poorly on a constitutionally established subject available to Congress. Buenger et al., supra note 2, at 69. As a treaty, an intergovernmental pact focuses on the rights and obligations of states that have chosen to become contracting parties and their respective citizens, since the pact is adopted by their respective legislators.