Document Type

Article

Publication Title

Harvard Journal of Law & Public Policy

Abstract

This Essay is a lightly edited version of Professor Hills’ remarks at the Federalist Society’s Panel, “The Compact Clause,” held on March 14, 2020 and in dialogue with Eugene B. Meyer and Professors Jonathan H. Adler and Michael S. Greve. I want to say a few words, some sounding in law and some sounding in policy, about why I think the Compact Clause should continue to be, as it has always been, ignored by all relevant constitutional actors. That is not to say we should not acknowledge the Compact Clause is in the Constitution, but we should treat that Clause as a nonjusticiable part of the Constitution, much like the Guarantee Clause of Article IV is treated. I will go even further to argue that the Compact Clause should be understood to announce truisms that are unlikely to ever affect policymaking, because everyone agrees on them and rarely, if ever, violates them.

First Page

29

Volume

44

Publication Date

2021

Download

Share

COinS