Compact Legal Definition
The Constitution contains the Covenant clause, which prohibits a State from concluding a treaty with another State without the approval of Congress. “The plaintiffs argue that history requires us to limit the application of this rule to bilateral agreements in which no independent administrative body is involved. They argue that this Court has never upheld a multilateral agreement to create an active administrative body with broad powers conferred by states, but without the approval of Congress. It is true that most of the multilateral pacts have been submitted to Congress for approval. But this historical practice, which can only reflect considerations of prudence and convenience on the part of the submitting States, is not controlling. It is also true that the specific intergovernmental mechanism at issue in the present case has never been submitted to the Court before. However, New York v. O`Neill, see above, which contains similar multilateral agreements, constitutes an implicit rejection of the limitation of the Virginia v. rule. Tennessee proposed by the plaintiffs. “The clause results in both formal and informal agreements and agreements.
The relevant investigation must focus on the impact on our federal structure. “Mutual legislation cases support the strong governance of Virginia v. Tennessee, since the mere form of intergovernmental agreement cannot be decisive. Agreements reached through mutual legislation can provide opportunities to strengthen state power at the expense of federal domination, as can the threats inherent in a formalized “pact.” Taney C.J. addressed this point in Holmes v. Jennison, 14 pet., p. 573: The term Compact most often applies to agreements between states or between nations on matters of common concern to them. “The complainants also insist that the relevant investigation has potential rather than real effects on federal dominance. We agree with that. However, the multilateral nature of the agreement and the establishment of a permanent administrative body do not in themselves constitute a significant risk of conflict with the principles underlying the Covenant clause. The number of parties to an agreement is negligible unless it unduly strengthens state power to the detriment of federal supremacy.
As regards the powers conferred on the administrative body, we believe that they must also be evaluated with a view to strengthening the power of the State vis-à-vis the federal government. See Virginia v. Tennessee, above, p. 520 (establishment of a commission to manage the border, not a “pact”). We therefore turn to the application of Virginia v. Tennessee governs the pact before us. » COMPACT, contracts. In its more general sense, it is an agreement. In a narrower sense, it introduces a contract between the parties that establishes obligations and rights that can be performed and considered as such between the parties in their different and independent nature. History, Konst.
B. 3, c. 3; Rutherf. Inst. B. 2, c. 6, para. 1. 2. The U.S.
Constitution states that “no state may enter into an agreement or treaty with another state or with any foreign power without the consent of Congress.” See 11 pets: 1; 8 Wheat. 1 Baldness. R. 60; 11 Pet 185. “That was the status of the Virginia v. Tennessee until two terms ago, when we were New Hampshire v. Maine, 426 U.S. 363 (1976). In this case, we applied the test specifically and found that an intergovernmental agreement that locates an old border does not require congressional approval. We agree with Mr.
Field J. that “the application of the Covenant clause is limited to agreements to form a combination aimed at increasing political power in states that may interfere with or undermine the just domination of the United States.” This rule strikes the right balance between federal and state power in terms of treaties and interstate agreements. “No State may impose a tonnage requirement, maintain troops or warships in peacetime, enter into an agreement or treaty with another State or foreign power, or wage war without the consent of Congress, unless it is actually ambushed or is in such imminent danger that no delay is allowed.” As a verb, compact means “compress or squeeze,” just like the garbage truck compacts your garbage bags. Compact, the adjective, describes something that is densely packed, like your luggage, which is compact enough to fit in the luggage compartment. Compact can also describe a brief summary, as a compact explanation of how the universe began, which lasted only 10 minutes! “Whatever different meanings the drafters attributed to the terms of Article I, § 10, these meanings were quickly lost. In 1833, Justice Story did not recognize a clear distinction between the terms. Since he has no idea of the categorical definitions that the drafters have attributed to them, sir.
