Interstate Compacts Essay ⋆ Political Science Essay Examples ⋆ EssayEmpire

An interstate compact is a binding agreement among two or more states that has the legal status of a contract and a statute. Originally, interstate compacts were used mainly to resolve boundary disputes and apportionment of river water among the states. In the early twentieth century, they began to be used for a greater variety of purposes. As new issues emerged that were no longer regional in nature, states in geographically disperse locations across the country began to form compacts.

The formation of a compact is a step-by-step process. Compacts can be created formally, with states negotiating in a multistate commission, or informally, with state officials formulating compacts at regional conferences. Concerned state legislatures must enact the compact. Political compacts require the consent of Congress to become effective.

Interstate compacts have a long history in the United States. In colonial times they were used to settle boundary disputes among the colonies. Interstate compacts continued to be used for this purpose after the country gained its independence from the United Kingdom. The Framers of the Articles of Confederation and Perpetual Union codified the process forming an interstate compact in the document.

The current power to form these compacts is derived from the compact clause (Article 1, Section 3, Clause 3) of the U.S. Constitution: “no State shall, without the consent of Congress . . . enter into any Agreement or Compact with another State, or with a foreign Power.” For a compact to be created, the states must come to a mutual agreement and, depending on the parameters, must obtain congressional approval.

The law of interstate compacts has been developed in several major U.S. Supreme Court cases. The most important is Virginia v.Tennessee (1893), a case that dealt with a tract of land that was claimed by both states. The Court ruled the consent of Congress is necessary if a compact encroaches on the powers of the national government. The Court also stated that congressional consent could be given both explicitly and implicitly.

Until the early twentieth century, the use of compacts was limited. Since that time, there has been a growth not only in the number of compacts but also in the subject matter they cover, including compacts dealing with transportation, business, criminal justice, and education. In the 1980s, the use of compacts in disposing of low-level radioactive waste became more common because of an act of Congress encouraging their use. States have also used compacts to regulate and raise revenue through gambling.

Several criticisms have been leveled at interstate compacts. Paul Hardy (1982) discusses four problems associated with them. The first is the length of time it takes from formation to implementation of a compact. The process can be very time consuming because of the different levels of government involved. The second is their inflexibility. It is often difficult to modify compacts once they have been implemented. Third, states relinquish some of their sovereignty when they enter into a compact. Finally, compacts may prove difficult to enforce, as some states may not live up to their end of the bargain.

Political science scholarship on interstate compacts has been relatively limited compared with other areas of American state politics. Most of the research on interstate compacts has been conducted by legal scholars. Two of the most important articles, written by political scientists, were published in Publius: The Journal of Federalism. David Nice’s (1987) article “State Participation in Interstate Compacts” systematically examines which factors are associated with the use of interstate compacts. He finds that geographical proximity of state capitals as well as state-level socioeconomic and political factors are important determinants in the utilization of compacts but that they are conditional on the subject matter of the compact. Patricia Florestano’s (1994) article “Past and Present Utilization of Interstate Compacts in the United States” is more descriptive in nature and analyzes the changes that have occurred with regard to the subject matter and the states participating in interstate compacts.

Interstate compacts continue to be used by states to resolve political and social issues. The general trend is that their scope will continue to be expanded. Future scholarship should discuss and analyze the efficacy of compacts as well as their potential to address new regional issues.

Bibliography:

Buenger, Michael L., Richard L. Masters, Michael H. McCabe, and Caroline N. Broun. The Evolving Use and the Changing Role of Interstate Compacts: A Practitioner’s Guide. Chicago: ABA, 2006.
“Charting No Man’s Land: Applying Jurisdictional and Choice of Law Doctrines to Interstate Compacts.” Harvard Law Review 111, no. 7 (1998): 1991–2008.
Florestano, Patricia. “Past and Present Utilization of Interstate Compacts in the United States.” Publius:The Journal of Federalism 24, no. 4 (1994): 13–25.
Frankfurter, Felix, and James M. Landis. “The Compact Clause of the Constitution: A Study in Interstate Adjustments.” Yale Law Journal 34 (1925): 685–758.
Hardy, Paul T. Interstate Compacts:The Ties That Bind. Athens: University of Georgia, Institute of Government, 1982.
Hendricks, Jennifer S. “Popular Election of the President: Using or Abusing the Electoral College?” Election Law Journal 7, no. 3 (2008): 218–226.
Kearney, Richard C., and John J. Stucker. “Interstate Compacts and the Management of Low Level Radioactive Wastes.” Public Administration Review 45, no. 1 (1985): 210–220.
Nice, David C. “State Participation in Interstate Compacts.” Publius: The Journal of Federalism 17, no. 2 (1987): 69–83.
Welch, Susan, and Cal Clark. “Interstate Compacts and National Integration: An Empirical Assessment of Some Trends.” Western Political Quarterly 26, no. 3 (1973): 475–484.
Zimmermann, Frederick, and Mitchell Wendell. The Law and Use of Interstate Compacts. Lexington, Ky.: Council of State Governments, 1976.
Zimmerman, Joseph F. Interstate Cooperation: Interstate Compacts and Administrative Agreements.Westport, Conn.: Praeger, 2002.

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