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> You also have the judiciary to worry about. It's not obvious that the NPVIC is constitutional Interstate compacts without the blessing of the federal governm
by jackcosgrove 6y ago
> You also have the judiciary to worry about. It's not obvious that the NPVIC is constitutional
Interstate compacts without the blessing of the federal government are unconstitutional. This is because the federal government has sovereign power over interstate relations, and a bloc of states that coordinate action are effectively challenging that sovereign power. So if the NPVIC is passed, it would also need to be approved by federal legislation to be deemed constitutional.
- nradov 6y agoThere are already interstate compacts over water rights without the blessing of the Federal government. I don't think those have ever been found unconstitutional.
- jackcosgrove 6y agoThose don't encroach on federal power like the selection of the president would. The Compact Clause is pretty clear and the courts have ruled that congressional approval is required for any compact that encroaches on federal power. The selection of the president is a bright line issue of federal power.