Compact Clause

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2.698 documents for Compact Clause

- Unpacking the Compact Clause
The US Constitution expressly prohibits US states from entering into any Treaty, Alliance, or Confederation. Another provision -- the so-called Compact Clause -- prohibits states from entering into any Agreement or Compact with another State, or with a foreign Power absent congressional consent. The Compact Clause requires congressional consent for both foreign-state agreements (FSA) and interstate agreements. But the Supreme Court has interpreted the interstate textual prohibition loosely, authorizing the states to conclude whole categories of agreements with no congressional consent whatsoever. This Article challenges the prevailing descriptive and normative accounts of FSAs. Part I of this Article explains why globalization and recent US state practice in making FSAs command heighten...
- Texas Law Review
- Vol. 88 Nbr. 4, March 2010
- Government-Tobacco Cartel Challenged in Court; Cei Cites Constitutional Violation
WASHINGTON, Aug. 2 /U.S. Newswire/ -- The Competitive Enterprise Institute on Tuesday filed a constitutional challenge to the 1998 tobacco settlement. The suit alleges that the agreement between 46 states and major tobacco companies is unconstitutional because it violates the Compact Clause of the Constitution:
- U.S. Newswire
- August 02, 2005
- When Should Interstate Compacts Require Congressional Consent?
The Compact Clause of the U.S. Constitution states "No State shall, without the Consent of Congress . . . enter into any Agreement or Compact with another State." Despite this language, the Supreme Court has consistently held that only a small fraction of agreements entered into by states require approval in the form of federal legislation. This Note examines the current state of the law concerning when interstate compacts need congressional consent and argues that this body of law is ripe for reexamination in light of recent proposals to adapt the interstate compact to address issues such as climate change and reform of the electoral college. The current test for when an interstate compact requires congressional approval was articulated by the Court more than thirty years ago in U.S. S...
- Columbia Journal of Law and Social Problems
- Vol. 42 Nbr. 4, July 2009

- Hess v. Port Authority Trans-Hudson Corporation, 513 U.S. 30 (1994)
... pursuant to the Constitution's Interstate Compact Clause, consented to a compact between the Authori...
- U.S. Supreme Court
- Compact Clause
A provision contained in Article I, Section 10, Clause 3, of the U.S. Constitution, which states, "No State shall, without the con...
- West's Encyclopedia of American Law
- Com–Dor
- Section 10: Powers Denied to the States
Clause 1. Making Treaties, Coining Money, Ex Post Facto L...Tonnage Duties, Keeping Troops, Making Compacts, War . Clause 3. No State shall, without the Cons...
- Constitution of the United States (Annotated)
- United States Steel Corp. v. Multistate Tax Comm'n, 434 U.S. 452 (1978)
... . The Multistate Tax Compact was entered into by a number of States for the sta..., that (1) it is invalid under the Compact Clause of the Constitution (which provides: "No State sha...
- U.S. Supreme Court
- M.F., B.C. v. N.Y. Exec. Dept Div. of Parole, (2nd Cir. 2011)
...Pursuant to the Interstate Compact for Adult Offender Supervision, New York eventuall...§ 112 and by the Compact Clause of the Constitution.2 Such a compact has the force...
- Federal Circuits
- U.S. District Court Orders Arbitration in Oklahoma Cigarette Tax Case
In a victory Monday for the Osage Nation, U.S. District Judge Terence Kern ordered Gov. Brad Henry and the Oklahoma Tax Commission to begin arbitration over emergency cigarette tax rules Henry signed into law last month. The Osage filed the lawsuit in Tulsa federal court on Feb. 1, seeking a temporary restraining order concerning the rules and enforcement of the arbitration clause in its 2003 compact with the state.
- The Journal Record
- February 28, 2006
- The elusive foreign compact.
... of the Constitution contains the Compact Clause: "No State shall, without the Consent of Congress ...
- Missouri Law Review
- Vol. 73 Nbr. 4, September 2008