In the United States, an interstate compact is a pact or agreement between two or more states, or between states and any foreign sub-national government.
Most early interstate compacts resolved boundary disputes, but since the early 20th century, compacts have increasingly been used as a tool of state cooperation and mutual recognition on infrastructure, services and professional licensing, often to ease administrative barriers and reduce costs and litigation. [1] In some cases, an agreement will create a new multi-state governmental agency which is responsible for administering or improving some shared resource such as a seaport or public transportation infrastructure. Compacts may also be limited to a certain multi-state region, may be open to all states and insular areas, or may be open to subnational governments in other countries.
Interstate compacts are distinct from, but may involve aspects of, the following:
Several interstate compacts may establish multi-state agencies in order to coordinate policy between, or perform tasks on behalf of, member states. Such agencies may take the form of commissions, with at least one representative from a member state. Alternatively, member states to a compact may opt for cooperation with a single independent non-profit organization which carries out designated tasks without government funding.
The Compact Clause (Article I, Section 10, Clause 3) of the United States Constitution provides that "No State shall, without the Consent of Congress,... enter into any Agreement or Compact with another State, or with a foreign Power,..." [2]
However, in a report released in October 2019 about the proposed National Popular Vote Interstate Compact, the Congressional Research Service (CRS) cited the U.S. Supreme Court's ruling in Virginia v. Tennessee (1893)—reaffirmed in U.S. Steel Corp. v. Multistate Tax Commission (1978) and Cuyler v. Adams (1981)—that ruled that explicit congressional consent of interstate compacts is not required for agreements "which the United States can have no possible objection or have any interest in interfering with" (in addition to ruling that the words "agreement" and "compact" used in the Compact Clause are synonyms). [3] Instead, the Court required explicit congressional consent for interstate compacts that are "directed to the formation of any combination tending to the increase of political power in the States, which may encroach upon or interfere with the just supremacy of the United States"—meaning where the vertical balance of power between the federal government and state governments is altered in favor of state governments, [4] while the report references U.S. Steel Corp. v. Multistate Tax Commission as stating that the "pertinent inquiry [with respect to the Compact Clause] is one of potential, rather than actual, impact on federal supremacy" in noting that the potential erosion of an enumerated power of the United States Congress by an interstate compact can arguably require explicit congressional approval. [4] [5] The CRS report cites the Supreme Court's rulings in Florida v. Georgia (1855) and in Texas v. New Mexico and Colorado (2018) as recognizing that explicit congressional consent is also required for interstate compacts that alter the horizontal balance of power amongst state governments. [6]
Citing Metropolitan Washington Airports Authority v. Citizens for Abatement of Aircraft Noise, Inc. (1991) as stating that if an enumerated power under the Constitution is legislative, then "Congress must exercise it in conformity with the bicameralism and presentment requirements of Article I, Section VII", and noting that the Republican River Compact was initially vetoed by President Franklin D. Roosevelt in 1942, the CRS report states that if an interstate compact requires explicit congressional approval, it must be approved by both houses of Congress and signed into law by the President in order to become law. [7] In Cuyler v. Adams, the Court held that congressional approval of interstate compacts makes them federal laws. [8] [9] The CRS report cites the Court's opinions in Virginia v. Tennessee and Northeast Bancorp v. Federal Reserve Board of Governors (1985) as stating that any agreement between two or more states that "cover[s] all stipulations affecting the conduct or claims of the parties", prohibits members from "modify[ing] or repeal[ing] [the agreement] unilaterally", and requires "'reciprocation' of mutual obligations" constitutes an interstate compact. [10] Additionally, the CRS report cites the Court's opinion in Northeast Bancorp as suggesting that a requirement of a new interstate governmental entity is a sufficient condition for an agreement to qualify as being an interstate compact under the Compact Clause. [3] The CRS report stated that there were approximately 200 interstate compacts in effect in 2019. [11]
The timing for Congressional consent is not specified by the Constitution, so consent may be given either before or after the states have agreed to a particular compact. The consent may be explicit, but it may also be inferred from circumstances. Congress may also impose conditions as part of its approval of a compact. [1] Congress must explicitly approve any compact that would give a state power that is otherwise designated to the federal government. [12]
Treaties between the states, ratified under the Articles of Confederation during the period after American independence in 1776 until the current U.S. Constitution was ratified in 1789, are grandfathered and treated as interstate compacts. This includes agreements like the Treaty of Beaufort, which set the boundary between Georgia and South Carolina in 1787, and is still in effect.
Prior to 1922, most interstate compacts were either border agreements between states or advisory compacts, the latter of which are tasked with conducting joint studies to report back to the respective state legislatures. With the creation of the Port Authority of New York and New Jersey in 1922, administrative compacts began to develop as a third, more-empowered type of interstate compact, in which persistent governance structures are tasked by member states with conducting designated services.
Today, Virginia is a member of the most interstate compacts at 40, while Hawaii is a member of the fewest at 15. [13]
Interstate 95 (I-95) is the main north–south Interstate Highway on the East Coast of the United States, running from U.S. Route 1 (US 1) in Miami, Florida, north to the Houlton–Woodstock Border Crossing between Maine and the Canadian province of New Brunswick. The highway largely parallels the Atlantic coast and US 1, except for the portion between Savannah, Georgia, and Washington, D.C., and the portion between Portland and Houlton in Maine, both of which follow a more direct inland route.
E-ZPass is an electronic toll collection system used on toll roads, toll bridges, and toll tunnels in the Eastern United States, Midwestern United States, and Southern United States. The E-ZPass Interagency Group (IAG) consists of member agencies in several states, which use the same technology and allow travelers to use the same transponder on toll roads throughout the network.
The Delaware River Joint Toll Bridge Commission (DRJTBC) is a bistate, public agency that maintains and operates river crossings connecting the U.S. states of Pennsylvania and New Jersey. The agency's jurisdiction stretches roughly 140 miles (230 km) along the Delaware River from Philadelphia and Bucks County in southeast Pennsylvania and then north through the Lehigh Valley and to Pennsylvania-New York state border.
The National Popular Vote Interstate Compact (NPVIC) is an agreement among a group of U.S. states and the District of Columbia to award all their electoral votes to whichever presidential ticket wins the overall popular vote in the 50 states and the District of Columbia. The compact is designed to ensure that the candidate who receives the most votes nationwide is elected president, and it would come into effect only when it would guarantee that outcome.
The drafting of the Constitution of the United States began on May 25, 1787, when the Constitutional Convention met for the first time with a quorum at the Pennsylvania State House in Philadelphia, Pennsylvania to revise the Articles of Confederation. It ended on September 17, 1787, the day the Frame of Government drafted by the convention's delegates to replace the Articles was adopted and signed. The ratification process for the Constitution began that day, and ended when the final state, Rhode Island, ratified it on May 29, 1790.
The Mount Vernon Conference was a meeting of delegates from Virginia and Maryland held at Mount Vernon on March 21–28, 1785, to discuss navigational rights in the states' common waterways. On March 28, 1785, the group drew up a thirteen-point proposal to govern the rights of both states on the Potomac River, Pocomoke River, and Chesapeake Bay. Known as the Mount Vernon Compact and formally titled as the Compact of 1785, this agreement not only covered tidewater navigation but also extended to issues such as toll duties, commerce regulations, fishing rights, and debt collection. Ratified by the legislature of both states, the compact helped set a precedent for later meetings between states for discussions into areas of mutual concern.
The Water Resources Development Act of 1999, Pub. L.Tooltip Public Law 106–53 (text)(PDF), was enacted by Congress of the United States on August 17, 1999. Most of the provisions of WRDA 1999 are administered by the United States Army Corps of Engineers.
The Susquehanna River Basin Commission (SRBC) is a federal-interstate compact commission created by the Susquehanna River Basin Compact (Pub. L. 91-575) between three U.S. states: (Pennsylvania, New York, and Maryland), and the federal government, and signed into law by President Richard Nixon on Christmas Eve 1970 to be effective 30 days later on January 23, 1971.
The Northeast Interstate Dairy Compact was an Interstate compact among the six New England states, agreeing to support the farm price of milk at a higher level than under federally mandated minimum prices in the region.
1776 is celebrated in the United States as the official beginning of the nation, with the Declaration of Independence of the Thirteen Colonies from the British Empire issued on July 4.
The Nurse Licensure Compact (NLC) is an agreement that allows mutual recognition (reciprocity) of a nursing license between member U.S. states. Enacted into law by the participating states, the NLC allows a nurse who is a legal resident of and possesses a nursing license in a compact state to practice in any of the other compact states without obtaining additional licensure in the remote states. It applies to both registered and practical nurses and is also referred to as a multi-state license.
Radioactive waste is generated from the nuclear weapons program, commercial nuclear power, medical applications, and corporate and university-based research programs. Some of the materials LLW consists of are: "gloves and other protective clothing, glass and plastic laboratory supplies, machine parts and tools, and disposable medical items that have come in contact with radioactive materials". Waste is generally categorized as high level waste (HLW) and low-level waste (LLW). LLW contains materials such as irradiated tools, lab clothing, ion exchanger resins, animal carcasses, and trash from defense, commercial nuclear power, medical, and research activities. These materials usually have radioactivity that have short half lives—from ranges of multiple days to several hundred years. In 1990, 1.1 million cubic feet of LLW was produced. Currently, U.S. reactors generate about 40,000 cubic meters of low-level radioactive waste per year, including contaminated components and materials resulting from reactor decommissioning.
The Interstate Commission on the Potomac River Basin (ICPRB) is an agency composed of commissioners representing the federal government, the states of Maryland, Pennsylvania, Virginia, West Virginia, and the District of Columbia. The ICPRB mission is to enhance, protect, and conserve the water and associated land resources of the Potomac River basin and its tributaries through regional and interstate cooperation.
Alabama v. North Carolina, 560 U.S. 330 (2010), was an original jurisdiction United States Supreme Court case. It arose from a disagreement between the state of North Carolina and the other members of the Southeast Interstate Low-Level Radioactive Waste Management Compact over the funding for a joint project. Eight states had formed the compact in 1983 to manage low-level radioactive waste in the southeastern United States. In 1986, North Carolina was chosen as the location for the regional waste facility, and it asked the other states for funding to help with the project. The project stalled and was eventually shut down, despite North Carolina receiving $80 million from the other states. After the project's demise, the other states demanded their money back, but North Carolina refused to repay them, leading to this case.
The Eastern States Multi-state Council is an interstate compact between seven northeastern states in the United States to coordinate the rollback of economic restrictions implemented by the state governments in response to the COVID-19 pandemic.
The 119th United States Congress is the next meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It is scheduled to meet in Washington, D.C., from January 3, 2025, to January 3, 2027, during the final weeks of Joe Biden's term. The elections of November 2024 will decide control of both houses.
There is ongoing legal debate about the constitutionality of the National Popular Vote Interstate Compact in the United States. At issue are interpretations of the Compact Clause of Article I, Section X, and states' plenary power under the Presidential Electors Clause of Article II, Section I.
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