Under the Interstate Compact Clause, when must Congress approve a state agreement?

Under the Interstate Compact Clause, when must Congress approve a state agreement?

• A. if an agreement between the states increases state powers at the cost of federal power
• B. Congress can approve or reject interstate compacts at its discretion
• C. Interstate compacts require unanimous approval by the states
• D. Interstate compacts never require congressional approval

Answer: (A)

Congress’s consent is required for interstate agreements when those agreements would shift power from the federal government to the states. The best example is a compact that increases state powers at the cost of federal power, because such a shift could undermine federal authority and prerogatives. The Interstate Compact Clause is there to prevent states from bypassing Congress and altering the balance of national sovereignty. In other situations, Congress may have already given consent by statute or the compact may concern matters that do not implicate federal powers, but the key trigger for requiring consent is a potential increase in state power at the federal government’s expense.

Congress’s consent is required for interstate agreements when those agreements would shift power from the federal government to the states. The best example is a compact that increases state powers at the cost of federal power, because such a shift could undermine federal authority and prerogatives. The Interstate Compact Clause is there to prevent states from bypassing Congress and altering the balance of national sovereignty. In other situations, Congress may have already given consent by statute or the compact may concern matters that do not implicate federal powers, but the key trigger for requiring consent is a potential increase in state power at the federal government’s expense.