Also known as: international compacts · compact · international agreement
Written by attorneys · grounded in primary & secondary sources — see below
An agreement between two or more states or between a state and a foreign power. No state may enter any such agreement or compact without the consent of Congress.
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Imani Idowu, a farmer in State A, and Isaiah Ishikawa, a rancher in State B, rely on a shared river. Their states enter an agreement allocating water rights without first obtaining congressional approval. A downstream user challenges the allocation in federal court, arguing the pact is invalid because it constitutes an unapproved compact affecting interstate resources.
Ivy Ibarra operates a factory near the border between State C and a neighboring country. State C signs an agreement with the foreign nation to limit emissions from facilities like hers. Without congressional consent, the agreement is challenged when federal regulators attempt to enforce its terms against her operations.
Ironclad Industries ships waste across state lines under an agreement between State D and State E. The states formed the deal without congressional approval. When State E later seeks to enforce restrictions, Ironclad argues the compact is unenforceable because Congress never consented.
Ines Ibarra, an importer in State F, benefits from an agreement between her state and a foreign government setting tariff preferences. The pact lacks congressional consent. Federal customs officials refuse to honor the preferences, leading to litigation over whether the agreement binds the United States.
Ibrahim Iqbal owns land along a river forming the border between State G and a foreign nation. The states and nation sign a management agreement without congressional approval. When flooding damages his property, Iqbal sues, claiming the compact cannot alter his rights absent federal consent.
Ideal Solutions, a shipping company, operates under an agreement between State H and a foreign power governing port access. Congress never consented to the pact. When a dispute arises over fees, federal authorities intervene, asserting the agreement has no legal effect without approval.
An agreement between states requires congressional consent when it affects the interests of the United States or other states, as provided in Article I, Section 10 of the Constitution.
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States may not enter agreements or compacts with foreign powers without the consent of Congress under Article I, Section 10.
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A compact lacking congressional consent is generally unenforceable to the extent it implicates federal interests or the rights of non-compacting states.
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…the challenged laws as constitutional, it would teach the Nation that these laws are in accord with our society’s most basic compact. Were the Court to stay its hand to allow slower, case-by-case determination of the required availability of specific public benefits to same-sex couples, it still would deny gays and…