A Study On U.S. Interstate Compact

The Interstate Compact System(ICS)has been used for centuries,it has become a very important mechanism for the harmonization of inter-state relations;ICS not only solves the disputes between states,but also paves the way to a coordination of states' policies,with the purpose of reaching a point of mutual benefits.ICS is a tool of upmost importance for the Federal Government,for it facilitates the balance,as well as the adjustment of the inter-state relations.Today ICS is in use broadly in the US,so much so that it is a well established legal figure of inter-regional governance and inter-state coordination.By understanding this mechanism,we can derive a method that suits our society and helps deal with the issues of inter-regional harmonic development encountered in current times.ICS is deeply rooted is the US Constitution,given that such reservation for state powers and the recognition of interstate compacts are both included in the Constitution's text.On the one hand,the federal system has space for the ICS to be applied,because the system concerns not only with top down relations but also with parallel ones.The Constitution distributes power between both federal and state's governments.That recognizes the state 's autonomy by refraining federal intervention,and also acknowledges its right to cooperate with other states.On the other hand,this does not mean that the constitutional right to cooperate is limitless,the federal government is also constitutionally allowed to be involved with interstate affairs,in order to safeguard federal interests.Empirically,the ICS theory and practice have developed from the congress consent in interstate compact clause and judicial jurisprudence.This development helps the parallel relations among the states as well as the vertical relations with the federal government;eventually solidifying the federal system.ICS theory and practice boast a long history.It originated from boundary compacts in colonial times,and got into positive law in the article of confederation,claiming constitutional status.Given its importance,it got implemented into the modern federal constitution,thereby providing ample room for the creation of ICS,showing its different features from time to time.The classification of interstate compacts(IC)helps us understand its functions and its proper applicable fields,IC are traditionally classified according to its enforcement requirements,however,this classification disregards the broad usage of IC.From an implementation point of view,IC can be classified into three categories: economic,public affairs and criminal justice compacts;nevertheless,the complexity of U.S.constitution allowed the compacts to present themselves in many ways.Even though IC have been used in a variety of ways,it maintains the general features that characterize it,such as the nature of the contract and the statutory law.Judging by its appearances,compacts take many different shapes but they all share a common internal logic that help us understand them as contracts and statutory laws,such as,the typical provisions(purpose and definition),substantive provisions of duties and obligations,procedural articles(used to guarantee enforcement of compacts),and related articles which specify the manner in which compacts can be amended,modified and terminated.The implementation of IC is a dynamic process,starting with the drafting,then ratification,coming into force,administration procedures,and disputes settlement mechanisms.Drafting is the first stage which can happen in three ways.In order to be effective,the offer provided by one party must be accepted by the counterpart.The offering and acceptance power is only vested by the legislature.Given its statutory law features,the compact is recognized to be above mere state law.Implementation is done in three ways,without disregarding the critical role of its supervision.Under US constitution there are three procedures that can take place in order to solve a dispute,including federal government intervention,the compact's internal dispute resolution mechanisms,and judicial methods in contract law.Interstate relations is a very important aspect of federalism,therefore,the federal government plays a crucial role in interstate relations,through the requirement of consent from the congress established in case law.In most cases,consent is required for the compact to be effective,however,the way congress grants this consent changes through time,and is limited by the Constitution.IC have influenced federalism significantly.The creation and enforcement of compacts does not only concern a single state affairs but also concern the national interests as a whole,therefore,it needs to be considered as a national matter to be supervised by federal courts.Given that congress consent is a way for the federal government to intervene,the attitude of the congress and the judicial explanation from federal courts give shape to the standards used by congress to grant its consent,those two elements can not be ignored in the study of ICS,because they are crucial for the proper function of the Federal system.Regarding China,our powerful central government have inherent advantages in the development of inter-regional coordination.However,with the development of modern societies complete,reliance of a central government can prove inefficient,and strengthening local government autonomy is a necessary step.Even though our governments are structured differently,the US experience with this legal mechanism can shed some light to us;in the relationship between central and local governments and the ways governments cooperate and interact with each other.The development of Chinese inter-regional coordination should be rooted on its constitution;therefore,to establish a legal system from four perspectives we must include,the proper design of administrative divisions,the power distribution between central and local government,the autonomy of the local governments,and the role that the market and the government have respectively played.