The compact is designed to ensure that the candidate who receives the most votes nationwide is elected president, and it . l. The Port of New York Authority, created by "compact" in . Jump to essay-11 Frankfurter and Landis, The Compact Clause of the Constitution: A Study in Interstate Adjustments, 34 Yale L.J. art. Member of the Michigan Bar; Legislative Analyst, Legislative Research Center, University of Michigan Law School.-Ed. MrV'W'lt* SMJ. 3. Jump to essay-11 Frankfurter and Landis, The Compact Clause of the Constitution: A Study in Interstate Adjustments, 34 Yale L.J. There's a legal and constitutional way to elect the president by popular vote without a constitutional amendment abolishing the Electoral College or even changing one word in the Constitution. [13] Should Compact Agencies Have the Power to Sue States? 3 - Congress shall have Power To regulate Commerce among the several States Sporhase v. Nebraska, 458 U.S. 941 (1982) water is an article of interstate commerce Congress approves compact = federal law (Texas v. New Mexico, 462 U.S. 554 (1983) Tarrant Regional Water District v. Herrmann 909 (1934). Rev. The Constitution allows states to enter into binding agreements, without Washington's blessing. 123 (1869), which prevents its application to interstate commerce, although Chief Justice Marshall thought to the contrary, Brown v. Maryland, 25 U.S. (12 Wheat.) The Evolution of Interstate Compacts MAY 2012 The Council of State Governments CAPITOL RESEARCH INTERSTATE COMPACTS THE COUNCIL OF STATE GOVERNMENTS Interstate compacts hold a unique place in Ameri-can history. The Commission is a bi-state entity created by an interstate compact between Pennsylvania and New Jersey ("Compact") and approved by Congress under the Constitution's Compact Clause . Advantages of the NPV Interstate Compact. The compact meets and surpasses the threshold of consideration from other affected states and is therefore a "compact" (Derek T. Muller, The Compact Clause and the National Popular Vote Interstate Compact, 6 Election L.J. I, 10, cl. 9.1.11 MYTH: The Meeting Clause of the 12 th Amendment precludes the National Popular Vote compact. 419, 449 (1827), and the contrary has been strongly argued. Id. The U.S. Constitution contains sections pertaining to state entrance into interstate compacts, interstate disputes, full faith and credit, privileges and immunities, and rendition of fugitives from justice. CiteSeerX - Document Details (Isaac Councill, Lee Giles, Pradeep Teregowda): The seminar focuses on the constitutional, political, and theoretical dimensions of interstate relations in the United States including cooperation, conflicts, and tensions. The Constitution's framers recognized the potential of compacts to solve regional problems that otherwise would require congressional remedial actions, and they included Section 10 in Article I, authorizing states to enter into compacts with the consent of Congress. 909 (1934). COMPACTS AND COMMERCE U.S. Const. The following state regulations pages link to this page. l. The Port of New York Authority, created by "compact" in . . . enter into any agreement or compact with another state, or with a foreign power, . Any interstate compact must raise the issue of the Compact Clause in Article I of the Constitution, which holds in relevant part that "No State shall, without the Consent of Congress enter into. separation of powers principles under the Wisconsin Constitution bar the state's governor from making commitments pursuant to interstate compacts with Indian tribes regarding gambling. Explanation of the Constitution - from the Congressional Research Service In particular, after observing that an administrative regulation that is inconsistent with or contrary to a statute is void, the court noted Amica's argument that interstate compacts "operate in a different vm % m. P Is |w M ft^ie 1^ ji( r *i* ]ft M i*' te' i?r i/ 1/ w *^- ;: -r :*, f 0 r i*f M: is.* i* .^ # ' ^' i^ H m- i^' r Compact Clause of the Constitution-A Study in Interstate Ad-justments (1925) 34 Yale L. J. 1. 13 He signed the Articles of Confederation in 1778 and soon after, lost his left leg in a carriage accident. During the past three decades, the use of the interstate compact, as authorized by the United States Constitution,' has come into prominence as an effective device for the settling of differences between states or regions, and as a means of interstate cooperation in Establish an arbitrary constitutional limit on the national debt. ." U.S. Constitution Annotated Toolbox. PROB. 685, Appendix. They were first referenced in Article I, Section X, Clause III of the U.S. Constitution and still The principal constitutional impediment to NPVIC probably is the so-called " Compact Clause " in Article I, Section 10 of the Constitution, which provides that "No State shall, without the Consent of Congress enter into any Agreement or Compact with another State." By enacting the National Popular Vote Interstate Compact. They were first referenced in Article I, Section X, Clause III of the U.S. Constitution and still W. Crosskey, Politics and the Constitution in the History of the United States 295-323 (1953). at 1247. Interstate Compacts. be the best illustration of the significance of modern interstate "compacts." For a short, recent account of the Authority's activities, see Goldstein, An Authority in Action-An Account of the Port of New York Authority and Its Recent Activities, 26 LAW & CONTEMP. This particular compact utilizes the state's power to award their electoral votes to a candidate in an ingenious way: it binds states to meet after the election and give all their electoral votes to the presidential candidate who won the national popular vote. If the National Popular Vote Interstate Compact becomes law it would be an excellent first step to help get a future amendment to the Constitution to replace the Electoral College/Winner-Take-All system to elect the president with a national popular vote using Ranked Choice Voting. compact in a way that specifically enables it to with-draw consent at a future date. Opponents argue that, without congressional consent, it could violate the Constitution's bar on interstate compacts, and that it is simply an end run around the Constitution's Electoral College. However, many Lab. The U.S. Supreme Court in Virginia v. Tennessee (1893) opined that only political compacts, those . 685 (1925); F. Zimmerman and M. Wendell, Interstate Compacts Since 1925 (1951); F. Zimmerman and M. Wendell, The Law and Use of Interstate Compacts (1961). The case highlights at least two key issues. Member of the Michigan Bar; Legislative Analyst, Legislative Research Center, University of Michigan Law School.-Ed. there are more than 200 interstate compacts, addressing such issues as territorial ambiguities . In light of the Court's jurisprudence on interstate compacts, it will likely play a central role in determining whether the NPV interstate compact becomes the law of the land. Opponents argue that, without congressional consent, it could violate the Constitution's bar on interstate compacts, and that it is simply an end run around the Constitution's Electoral College . Art. James Madison Jr. (March 16, 1751 - June 28, 1836) was an American statesman, diplomat, expansionist, philosopher, and Founding Father who served as the 4th president of the United States from 1809 to 1817. In doing so, 557 (1936) and Interstate Compacts; Recent Developments, 73 U.S. L. REv. The compact, which a group called Compact for America is promoting and other states will likely consider in the coming year, would:. The U.S. Constitution establishes our system of state and federal government, a system principled in subsidiarity that also protects the hierarchy of the enumerated powers of the federal government by codifying limitations to state power. . 909 (1934). Jump to essay-12 48 Stat. 25; Johnson, Interstate Compacts Affecting Labor (1934) 24 Am. Explanation of the Constitution - from the Congressional Research Service After being admitted to the New York bar, Morris became interested in politics and after initial resistance, took up the Patriot cause. 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 candidate wins the overall popular vote in the 50 states and the District of Columbia. In light of the Court's jurisprudence on interstate compacts, it will likely play a central role in determining whether the NPV interstate compact becomes the law of the land. 9.1.9 MYTH: A national popular vote is contrary to the concept that the United States is a republic, not a democracy. In Wisconsin, 1987 constitutional amendments authorized pari-mutuel on-track betting and The NPV compact presents an apparent catch-22 problem for its proponents: The states must submit the NPV to Congress for approval, but Congress is constitutionally . INTERSTATE COMPACTS. 715 (1961). 3See: Burke, Inter-state Compacts (1936) 29 Pa. Bar Assoc. A recent judicial evaluation of the compact clause of the Constitution warrants quotation at length :"4 "The authoritative commentary on the compact clause, Frankfurter and Landis, 'The Compact Clause of the Constitution-a Study in Interstate Adjustments,"' indicates that the clause was the blend of several objectives. 71; Stevens, Uniform Corporation Laws Through Interstate Compacts and Federal Legislation (1936) 34 . Establish an arbitrary constitutional limit on the national debt. . 9.1.10 MYTH: The Guarantee Clause of the Constitution precludes the National Popular Vote compact. He is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights. The National Popular Vote Interstate Compact is, as its name suggests, an agreement between states. Michigan lawmakers are considering signing on to an interstate compact that would write a series of imprudent provisions into the U.S. Constitution related to the national debt, spending, and taxes. The NPV compact presents an apparent catch-22 problem for its proponents: The states must submit the NPV to Congress for approval, but Congress is constitutionally . . Footnotes: U.S. Const. The Commission is a bi-state entity created by an interstate compact between Pennsylvania and New Jersey ("Compact") and approved by Congress under the Constitution's Compact Clause. . Interstate Compacts in Constitutional History Th e interstate compact has a long history in America. 1, Sec. Resources Board; Dodd, Interstate Compacts 70 U.S. L. REv. The Court's broad interpretation of the Necessary and Proper Clause paved the way for later rulings upholding expansive federal powers. Frankfurter and Landis, The Compact Clause of the Constitution: A Study in Interstate Adjustments, 34 Yale L.J. In Wisconsin, 1987 constitutional amendments authorized pari-mutuel on-track betting and 1921, continues to be the best illustration of the significance of modem interstate "compacts." For a 12 48 Stat. Muller is law clerk to the Honorable Raymond W. Gruender, United States Court of Appeals for the Eighth . Jump to essay-12 48 Stat. 500 (1918); Clark, Interstate Compact and Social CONSTITUTIONAL LAW - INTERSTATE COMPACTS - MULTISTATE TAX COMPACTS - TAXATION - CONSENT OF CONGRESS UNNECESSARY FOR FORMATION OF MULTISTATE TAX COMPACT.We believe that the provisions of chapter 125, Laws of 1967, under which the state of Washington became a party to the multistate tax compact, are effective as Washington law without any legal necessity for consent to formation See 2 The Records of the Federal Convention of 1787, at 66 (Max Farrand ed., 1911) (describing Rufus Kings observation that judges would be impeachable because they hold their office during good behavior). The judiciary has not made any declaration on whether such a maneuver is legal.13 The courts have, however, noted that with-drawing consent after the fact "would be damaging to the very concept of interstate compacts."14 Federalization of Interstate Compacts He helped write New York's new constitution and served in the Continental Congress. The Evolution of Interstate Compacts MAY 2012 The Council of State Governments CAPITOL RESEARCH INTERSTATE COMPACTS THE COUNCIL OF STATE GOVERNMENTS Interstate compacts hold a unique place in Ameri-can history. Statements from at least one delegate indicate that participants at the Constitutional Convention assumed that judges were subject to impeachment. separation of powers principles under the Wisconsin Constitution bar the state's governor from making commitments pursuant to interstate compacts with Indian tribes regarding gambling. When the founding fathers were creating the Electoral College in 1787 they couldn't agree on the best How? The "compact" clause of the federal constitution is found in Article I, 10, which reads in pertinent part as follows: "No state shall, without the consent of congress, . 1921, continues to be the best illustration of the significance of modem interstate "compacts." For a While there were no interstate compact agencies at the time of the Constitution's framing, the creation of interstate compacts, and their ratification by Congress, are expressly envisioned in the Constitution, U.S.
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