Compact Clause

The compact clause refers to a provision of the United States Constitution, in Article I, , Clause 3, that makes states' ability to behave toward each other or toward foreign governments, in several ways that fully sovereign nations may, except by the consent of Congress.

Text

Article I, Section 10, Clause 3: cquote|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.

History

The idea of allowing Congress to have say over agreements between states traces back to the numerous controversies that arose between various colonies. Eventually compromises would be created between the two colonies and these compromises would be submitted to the Crown for approval. After the Revolution, the Articles of Confederation allowed states to appeal to Congress to settle disputes between the states over boundaries or "any cause whatever". The Articles of Confederation also required Congressional approval for "any treaty or alliance" in which a state was one of the parties.

There have been a number of Supreme Court cases, especially "Virginia v. Tennessee", ussc|148|503|1893, concerning what constitutes valid congressional consent to an interstate compact.