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Under the Compact Clause, U.S. Const., Art.
Such controversies may appropriately be composed by negotiation and agreement, pursuant to the compact clause of the Federal constitution.
Matthew S. Tripolitsiotis, Bridge Over Troubled Waters: The Application of State Law to Compact Clause Entities, 23 Yale L. & Pol'y Rev. (2005).
It may well be that the last word has not been aid by the various devices now availablethrough uniform and reciprocal legislation, through action by the States under the Compact Clause, Art.
Star alleges that the deal with the states violates the Compact Clause of the Constitution, which regulates agreements between states.
Compact Clause, Article I, section 10, clause 3 under which it creates an enforceable compact.
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Legally, state-level action confronts several obstacles, including the dormant commerce clause, dormant treaty clause, interstate compacts clause, and standing to sue.
Justice Antonin Scalia said that if Maryland's objection boiled down to "it's ugly," Maryland should have thought of that in 1785 and included a clause in the compact giving itself the right to veto ugly projects.
In any case, it would be illegal under the compact itself, which states (in Clause 2 of Article IV): Any member state may withdraw from this agreement, except that a withdrawal occurring six months or less before the end of a President's term shall not become effective until a President or Vice President shall have been qualified to serve the next term.
The Constitution includes a clause requiring interstate compacts to have congressional approval, and I just don't see how this one would escape congressional scrutiny, and thus bring us back to the whole question of getting an Article V amendment.
The compact would modify the way participating states implement Article II, Section 1, Clause 2 of the U.S. Constitution, which requires each state legislature to define a method to appoint its electors to vote in the Electoral College.
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