Congressional consent

Congressional consent is approval from Congress for states to enter into interstate compacts (i.e. agreements between states to ensure some cooperative action). This consent is needed if the compact changes the balance of power between states and the federal government, or interferes with the powers of the federal government. However, the U.S. Constitution does not explicitly state "the timing or manner in which Congress must consent to a compact." The U.S. Supreme Court's 1893 ruling in Virginia v. Tennessee clarified the matter. According to the Constitution Annotated, "the Supreme Court stated that Congress ordinarily should provide authorization before the states join and carry out a compact, but Congress may consent later if the compact addresses an issue that is best considered after its nature is fully developed[.]"

Compact Clause

Congressional consent has its roots in the U.S. Constitution. Article I, Section 10, also referred to as the Compact Clause, provides the original language:

“

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

”

As mentioned above, although this language appears to prohibit any interstate compact without congressional consent, it has only applied in practice to compacts that would affect the distribution of powers outlined in the rest of the Constitution.

Process

Consent is given in the same manner as passing a bill through Congress. The House or Senate may introduce the compact as a bill, which would then need to be passed in both legislatures before requiring the president's signature. After consent is given, Congress maintains the right to make changes to the compact. Revoking consent must follow a different set of procedures, however. Two federal court cases ruled that Congress could not withdraw consent from a compact unless the compact language specifically allowed such action. Because Congress can add language in the form of amendments, the legislature can effectively give itself the power to revoke consent. As of 2016, the judiciary had not ruled if such a maneuver was legal. Rather, it has said that revoking consent after previously giving it "would be damaging to the very concept of interstate compacts."

Types of consent

The clause above is the only language in the Constitution that specifically refers to interstate compacts. That said, there are three main ways Congress gives consent to an interstate compact:

1. Explicit consent: A compact or agreement is drafted and adopted by a given number of states, and then submitted to Congress for approval. This type of consent is usually seen in cases of boundary disputes between states. Some compacts seek explicit consent even if not required for that type of compact in order to avoid issues with federal approval later.
2. Implicit consent: This type of consent is given when Congress takes action that generally agrees with the terms of a compact. For instance, legislators could pass a law with the same or similar content to a recent compact, or craft legislation that pursues the same end results of the compact. For example, if a compact among three states seeks to create a commission to oversee cleanup of a common body of water, Congress could pass a law urging those states to coordinate that cleanup.
3. Preemptive consent: This form of consent is similar to implicit consent, but Congress is the body that begins the process. Congress could adopt legislation that urges states to enter into a compact to work towards a particular goal. Consent is given before a compact is officially drafted, meaning that Congress loses its ability to review the compact's objectives once adopted by the states.

Compacts with congressional consent

Below are compacts with congressional consent as of 2016. Please see the individual compacts for more information.

1. Colorado River Compact
2. Columbia River Compact
3. Connecticut River Atlantic Salmon Compact
4. Connecticut River Valley Flood Control Compact
5. Cumbres and Toltec Scenic Railroad Compact
6. Delaware River and Bay Authority Compact
7. Delaware River Basin Compact
8. Delaware River Joint Toll Bridge Compact
9. Delaware River Port Authority Compact
10. Delaware Valley Urban Area Compact
11. Driver License Compact
12. Emergency Management Assistance Compact
13. Great Lakes Basin Compact
14. Gulf States Marine Fisheries Compact
15. Historic Chattahoochee Compact
16. Interstate Compact for Mutual Military Aid in an Emergency
17. Interstate Compact for Juveniles
18. Agreement on Detainers
19. Interstate Compact on Adoption and Medical Assistance
20. Interstate Compact to Conserve Oil and Gas
21. Interstate Corrections Compact
22. Interstate Rail Passenger Network Compact
23. Klamath River Compact
24. La Plata River Compact
25. Maine-New Hampshire Interstate School Compact
26. Mid-Atlantic Forest Fire Protection Compact
27. Midwest Interstate Low-Level Radioactive Waste Compact
28. Missouri-Nebraska Boundary Compact
29. New England Interstate Corrections Compact
30. New England Higher Education Compact
31. New England Interstate Water Pollution Control Compact
32. New Jersey-Pennsylvania Turnpike Bridge Compact
33. New York-New Jersey Port Authority Compact of 1921
34. Atlantic Interstate Low-Level Radioactive Waste Management Compact
35. Northwest Compact on Low-Level Radioactive Waste Management
36. Northwest Wildland Fire Protection Agreement
37. Ogdensburg Bridge and Port Authority Compact
38. Ohio River Valley Water Sanitation Compact
39. Pacific Marine Fisheries Compact
40. Pecos River Compact
41. Palisades Interstate Park Compact
42. Potomac Highlands Airport Authority Compact
43. Potomac River Compact of 1958
44. Potomac Valley Compact
45. Pymatuning Lake Compact
46. Railroad Passenger Transportation Compact
47. Red River Compact
48. Republican River Compact
49. Rio Grande Interstate Compact
50. Rocky Mountain Low-Level Radioactive Waste Compact
51. Sabine River Compact
52. Snake River Compact
53. South Central Forest Fire Protection Compact
54. South Platte River Compact
55. Southeast Interstate Low-Level Radioactive Waste Compact
56. Southern States Energy Compact
57. Southwestern Low-Level Radioactive Waste Disposal Compact
58. Susquehanna River Basin Compact
59. Taxation of Motor Fuels Consumed by Interstate Buses
60. Tennessee Interstate Furlough Compact
61. Tennessee-Tombigbee Waterway Development Compact
62. Tennessee River Basin Water Pollution Control Compact
63. Texas Low-Level Radioactive Waste Disposal Compact
64. Tri-State Sanitation Compact
65. Upper Colorado River Basin Compact
66. Upper Niobrara River Compact
67. Washington Metropolitan Area Transit Authority Compact
68. Western Corrections Compact
69. Western Regional Higher Education Compact
70. Wheeling Creek Watershed Protection and Flood Prevention Compact
71. Bi-State Development Compact
72. New Hampshire-Vermont Interstate Public Water Supply Compact
73. California-Nevada Compact for Jurisdiction on Interstate Waters
74. Great Lakes-St. Lawrence River Basin Water Resources Compact
75. Atlantic State Marine Fisheries Compact
76. Bear River Compact
77. Quad Cities Interstate Metropolitan Authority Compact
78. New Hampshire-Vermont Interstate School Compact
79. New Hampshire-Vermont Interstate Sewage and Waste Disposal Facilities Compact
80. Surplus Lines Insurance Multi-State Compliance Compact
81. Animas-La Plata Project Compact
82. Apalachicola-Chattahoochee-Flint River Basin Compact
83. Arkansas River Basin Compact of 1970
84. Arkansas River Compact of 1949
85. Arkansas River Compact of 1965
86. Belle Fourche River Compact
87. Big Blue River Compact
88. Breaks Interstate Park Compact
89. Canadian River Compact
90. Central Interstate Low-Level Radioactive Waste Compact
91. Central Midwest Low-Level Radioactive Waste Compact
92. Columbia River Gorge Compact
93. Mississippi-Louisiana-Alabama Rapid Rail Transit Compact
94. Thames River Valley Flood Control Compact
95. Buffalo and Fort Erie Bridge Compact
96. Portsmouth-Kittery Bridge Compact

See also

• Interstate compact
• Interstate Compacts project

External links

• The Council of State Governments

Footnotes

Ballotpedia

About

Overview • What people are saying • Support Ballotpedia • Contact • Contribute • Job opportunities

---

Executive: Leslie Graves, Founder and CEO • Gwen Beattie, Chief Operating Officer

Communications: Alison Graves, Director of Communications • Carley Allensworth • Abigail Campbell • Frank Festa • Sarah Groat • Nathaniel Harwood • Dillon Redmond • Erica Shumaker
External Relations: Geoff Pallay, Director of External Relations • Ken Carbullido, Vice President of Election Product and Technology Strategy • Ashley Fleming • Thomas Mardik • Hannah Nelson
Operations: Meghann Olshefski, Director of Operations • Amanda Herbert • Mandy Morris • Caroline Presnell • Kelly Rindfleisch
Tech: Matt Latourelle, Director of Technology Operations • Ryan Burch • Kirsten Corrao • Beth Dellea • Travis Eden • Tate Kamish • Margaret Kearney • Eric Lotto • Joseph Sanchez • Mary Susmitha

Contributors: Scott Rasmussen

---

Editorial Content

Josh Altic, Director of Content • Daniel Anderson, Associate Director of Elections & Data • Cory Eucalitto, Associate Director of Features • Ryan Byrne, Managing Editor of Ballot Measures • Mandy McConnell, Managing Editor of News • Doug Kronaizl, Managing Editor of Local Expansion • Abbey Smith, Managing Editor of Elections • Janie Valentine, Managing Editor of Law • Joel Williams. Managing Editor of Events • Andrew Bahl • Jaclyn Beran • Marielle Bricker • Joseph Brusgard • Emma Burlingame • Kelly Coyle • Jon Dunn • Thomas Ellis • Nicole Fisher • Joseph Greaney • Thomas Grobben • Brianna Hosea • Molly Kehoe • Tyler King • Glorie Martinez • Norm Leahy, Senior Editor • Nathan Maxwell • Jimmy McAllister • Brandon McCauley • Ellie Mikus • Ellen Morrissey • Mackenzie Murphy • Kaley Platek • Samantha Post • Adam Powell • Annelise Reinwald • Ethan Rice • Spencer Richardson • Victoria Rose • Briana Ryan • Myj Saintyl • Maddy Salucka • Emma Soukup • Alexis Thacker • Mina Vogel • Samuel Wonacott • Trenton Woodcox