Agreements Between States Subject To Congressional Approval Are Called Interstate

Congressional approval has its roots in the U.S. Constitution. The compact clause, Article I, Section 10, provides the original language:[2] Congressional approval is a term that refers to intergovernmental pacts. The U.S. Constitution states that states cannot make pacts with other states, except in an emergency, such as. B of a foreign invasion. However, the Constitution does not explicitly prohibit the practice of entering into such agreements or pacts. If the agreement does not alter the balance of power between states and the federal government or encroach on the powers of the federal government, congressional approval is not required. This was clarified by the decision of the United States Supreme Court in Virginia v.

Tennessee (1893). In cases where congressional approval is required, congressional approval means that the pact is simply accepted as federal law. [1] [2] However, as the management function has increased at the state level, intergovernmental pacts have increased to make them rules and procedures for managing activities among themselves. [45] The Council of State Governments[46] recommends the use of an intergovernmental authority to “ensure accountability, training, compliance, enforcement, regulation, information collection and exchange, as well as all staff, in order to make the [compact] a success.” [47] Since pacts are written in the form of contracts, states that negotiate pacts involving the creation of an intergovernmental agency are free to determine the rules applicable to the management of that agency. As has already been said, while this language seems to prohibit any intergovernmental pact without the approval of Congress, it has applied in practice only pacts that would influence the distribution of power described in the rest of the Constitution. [1] After negotiation, intergovernmental pacts must be approved by legislators in your affiliated states. [10] A pact is approved by a state legislator in accordance with its procedure for enacting legislation and becomes the status of the state. [11] If approved by the legislature, the governor of a state still has the power to veto a pact if the governor so decides (subject to the legislature`s ability to strike a veto by a new vote). [12] Representatives of states negotiating a pact are well advised to ensure that their respective legislators are informed of the progress of negotiations and the resolution of issues and are familiar with them; Otherwise, a legislator may refuse to approve a pact as presented and request a renegotiation of questions before its approval is granted. [13] While intergovernmental pacts historically consisted only of states as parties, the federal government has recently participated in some pacts. [73] Indeed, some Pacts require a representative of the federal government to participate in compact governance.