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A Formal Agreement Between Two States

Treaties between states that were ratified under the Articles of Confederation after American independence from 1776 until the ratification of the current U.S. Constitution in 1789 are treated as intergovernmental treaties. These include agreements such as the Treaty of Beaufort, which established the border between Georgia and South Carolina in 1787 and is still in force. Intergovernmental covenants are different from uniform acts, which are model statutes drawn up by non-governmental organizations of legal experts and adopted independently by State legislators, instead of constituting an agreement between several States. The date of approval by Congress is not set in the Constitution, so approval can be given either before or after the approval of a given pact by the states. Consent can be explicit, but can also be inferred from the circumstances. Congress may also impose conditions as part of its approval of a pact. [2] Congress must expressly approve any pact that would increase the political power of the states in a way that would interfere with the power of the federal government. [3] In the United States, an intergovernmental pact is a pact or agreement between two or more states or between states and a foreign government. The compact clause (Article I, Section 10, clause 3) of the United States Constitution provides that «no state may be authorized without the consent of Congress. Concluding an agreement or pact with another state or foreign power,…,…»[1] Most intergovernmental pacts have resolved border disputes, but since the beginning of the twentieth century, pacts have been increasingly used as an instrument of state cooperation. [2] In some cases, an agreement creates a new government authority responsible for managing or improving a common resource such as a seaport or public transport infrastructure.

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