Jon Gabriel

The Compact Clause and Interstate Compacts Teleforum

Posted on January 11, 2012 | Author: Jon Gabriel
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You are invited to participate in a Federalist Society teleforum covering the Compact Clause and Interstate Compacts. It will be held Thursday, Jan.12, at 1:00 p.m. EST (11:00 a.m. MST) and will feature Nick Dranias of the Goldwater Institute and Michael Greve of the American Enterprise Institute.

To participate in this practice group Teleforum, just dial 888-752-3232. No registration is necessary. 

The Compact Clause of Article I, section 10, of the Constitution provides that "[n]o State shall, without the Consent of Congress... enter into any Agreement or Compact with another State, or with a foreign Power." The Supreme Court's decision in U.S. Steel v. Multistate Tax Commission requiring congressional consent only for interstate compacts that attempt to enhance "states power quoad [relative to] the federal government" opened the door to the creation of various interstate compacts, with or without congressional consent. Today, there are approximately 200 interstate compacts in effect.

Should states have the power to collectively organize to resist federal encroachment of state efforts to define and secure individual rights, and to what extent would interstate compacts empower states to redesign federal programs that intrude on their reserved powers? Among other issues, our experts will discuss questions of federalism that involve not only what the national government may do to the states but also, what states may do to one another. Under the existing legal authority, what are the boundaries of states' rights? After their opening remarks, the speakers will take questions from the callers.

Online Resources:

- "What is an Interstate Compact?" by Nick Dranias

- "Federalism DIY: 10 Ways for States to Check and Balance Washington" by Nick Dranias

- "Compacts and Collusion" by Michael Greve
- Model Legislation, Goldwater Institute

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