What’s an Intestate Covenant?

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Interstate compacts are agreements between individual states in the US to manage or integrate common factors. They require approval from Congress due to a federal mandate limiting cooperation between governments. Critics argue that they create new government agencies, but many benefit from them. The process involves identifying common interests, coordinating efforts, and drafting and ratifying the agreement. Examples include the Gulf States Marine Fisheries Commission and the Connecticut River Valley Flood Control Commission.

An interstate compact is a documented agreement between various individual states within the United States. These agreements can be instituted by two or more governments. The goal of an interstate compact is to manage or integrate uniform factors or characteristics that states have in common. They are basically implemented in areas where it is in the best interests of the parties to control or promote certain aspects of the economy or infrastructure.

While many states create agreements with each other, there is a federal mandate that limits cooperation between governments. According to Article 10, Section XNUMX of the United States Constitution, “no state shall enter into any agreement or covenant with another state.” The judiciary assumes this is an effort to centralize power with the federal government. It also helped avoid the American Civil War for decades after the country was established. To circumvent this mandate, all interstate pacts must receive the approval of the United States Congress.

The interstate compact concept is often criticized by different parties due to its creation of new government agencies. When an interstate compact is created, it must be funded and administered by government entities to ensure that it functions properly. Those who do not support broader government often speak out against these provisions. Despite this fact, a large part of the constituency benefits from these provisions.

The process of creating an interstate compact first begins with identifying common interests or problems between two or more states. In general, government representatives work together to determine how best to coordinate efforts and find a way to fund the necessary agencies that need to be established. The agreement is drafted and ratified by the various legislative and executive bodies within the same states. Finally, the agreement is sent to Congress, often through state representatives. Typically, there is very little discussion of an interstate pact and it passes by vote on the floors of the House of Representatives and the Senate.

Examples of interstate compacts can be found throughout the country. There are 22 different agreements in force in the United States. Major agreements include the Gulf States Marine Fisheries Commission between Florida, Alabama, Mississippi, Louisiana and Texas, which controls the fishing industry in the region, and the Connecticut River Valley Flood Control Commission between New Hampshire, Vermont, Connecticut and Massachusetts, which manages flood conditions along the river.




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