MBE Rules · Constitutional Law
Interstate Compacts
Compact Clause
The rule
Agreements among states increasing state power relative to the federal government require congressional consent; approved compacts are federal law construed by federal courts.
In plain English
Interstate compacts are agreements made between two or more states that can enhance their powers, especially in relation to the federal government. However, these compacts must receive approval from Congress to be valid and are treated as federal law by the courts.
Worked example
Two states, A and B, agree to form a joint water management authority to regulate shared water resources. They submit their agreement to Congress, which approves it. The compact is now valid and enforceable as federal law.
Memory hook
Compacts need Congress to pack a punch!
The trap
Exams may present scenarios where states enter into agreements without congressional consent, leading students to overlook the necessity of approval.
How examiners test it
Questions often involve hypothetical state agreements and test whether students recognize the need for congressional approval and the implications of that approval.
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