Under the Interstate Compact Clause, when is congressional approval required for an agreement between states?

Under the Interstate Compact Clause, when is congressional approval required for an agreement between states?

• A. If a compact involves only internal matters, it requires no federal approval
• B. If a compact increases state powers at the cost of federal power, Congress must approve
• C. If a compact is between states and foreign governments, Congress approves
• D. If a compact reduces state sovereignty, it is invalid

Answer: (B)

The key idea here is how power is distributed between the states and the federal government. The Interstate Compact Clause requires Congress to give its consent for any agreement between states that would shift power away from the federal government or otherwise affect federal authority. When a compact would increase state powers at the expense of federal power, Congress must approve before the agreement can take effect. This safeguard prevents states from bypassing federal oversight by knitting together regional arrangements that alter the national balance of power. So the best choice captures the control Congress has over changes in the balance of federal and state authority. While compacts with foreign governments also fall under Congress’s consent requirement, the central test the question targets is whether the arrangement would increase state power at the expense of federal power. The idea that purely internal matters always escape approval isn’t correct, and the notion of invalidity isn’t how consent works—without Congress’s approval, the compact cannot proceed.

The key idea here is how power is distributed between the states and the federal government. The Interstate Compact Clause requires Congress to give its consent for any agreement between states that would shift power away from the federal government or otherwise affect federal authority. When a compact would increase state powers at the expense of federal power, Congress must approve before the agreement can take effect. This safeguard prevents states from bypassing federal oversight by knitting together regional arrangements that alter the national balance of power.

So the best choice captures the control Congress has over changes in the balance of federal and state authority. While compacts with foreign governments also fall under Congress’s consent requirement, the central test the question targets is whether the arrangement would increase state power at the expense of federal power. The idea that purely internal matters always escape approval isn’t correct, and the notion of invalidity isn’t how consent works—without Congress’s approval, the compact cannot proceed.