| OCR Text |
Show INTERSTATE COMPACTS By Alice Mary Dodd. United States Law Review - Vol. 70, I936 With the rulings of the Supreme Court of the United States declaring the National Industrial Recovery Act and the Agricultural Adjustment Act invalid, the limitations of the power vested in the federal government by the Constitution have been reasserted. These decisions have left a large field open for state action. In many cases the problems which confront the states, such as those which the government by these invalidated acts attempted to solve, are essential- ly not purely state prpblems but interstate problems, either nationwide in their scope or affecting broad regional sections. Action by the states will be largely ineffective unless there is interstate cooperation. Problems such as these, although emphasized during the Roosevelt administration, have admittedly been growing up over a period of years dating back to the beginning of the present century. For their solution interstate compaots are becoming increasingly important* The provision in the Constitution, "No State shall, without the Consent of Congress? . • enter into any Agreement or Compact with another State . » •" (Art. I, Sec 10, cl. 3), is derived from a provision which was contained in the Articles of Confederation: No two or more States shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in Congress assembled, spcifying accurately the purposes for which the same is to be entered into, and how long it shall continue. (Art. VI.) The difference in language between these two clauses perhaps reflects the difference between the Union established by the Articles of Confederation and the "more perfect Union" created by the Constitution? ' . Before the ratification of the Constitution difficulties which arose between the states respecting their boundaries were adjusted by mutual agreement. In,Colonial times compaots were made and were confirmed by the Crown or through litigation which was carried on appeal to the Privy Council* These controversies between the colonies which were thus brought before the Privy Council may be re- garded as prototypes of the "Controversies between two or more States," to which the Constitution provides that, "The judicial Power of the United States . . • shall extend" (Art. 3> Sec. 2). The power of Congress to give consent to inter- state compaots is a continuation of the power which was exercised by the Crown and the Privy Counsel* . ... .' EDITORS* NOTE. - The author of this article is a member of the bar of the District of Columbia. She is a graduate of the Law School of George Washington University and has done graduate work at American University. Miss Dodd has engaged in research work for the United States Chamber of Commerce, the United States News, the Survey of Indian Affairs, the Bureau of Economic Research of the Republican Senatorial and Congressional Committee, and the Research and Editorial Division of the Republican National Committee* |
