Institutional Relationships

Negotiating Interstate Compacts

Interstate compacts are critical tools that allow states to cooperate with other states, Indian tribes or foreign jurisdictions on issues that cross jurisdiction boundaries. Legal authority for interstate compacts starts with the U.S. Constitution, which provides that "no state shall without the consent of Congress…enter into any agreement or compact with another state or with a foreign power." But, after federal authorization is established, a significant legal question remains: which branch of state government gets to negotiate the compact on behalf of the state, the executive or the legislative?

The question of negotiation authority is important for all compacts and vitally important for compacts related to controversial topics. In particular, it is important to establish whether the state's chief executive can negotiate compacts without oversight or input from the legislative branch. The powers of the state executive and legislative branches are determined by individual state constitutions. Negotiation authority can vary within a state depending on the compact topic and court interpretations of constitutional provisions. In some examples, constitutional provisions prevent the legislature from delegating authority for particular issues to the executive branch.

Separation of Powers