I& #39;m seeing some claims that these coalitions of state governors are unlawful under the Constitution& #39;s Compact Clause. Here& #39;s why I believe that& #39;s a bad take. 1/4
The Constitution reads: “No State shall, without the Consent of Congress . . . enter into any Agreement or Compact with another State, or with a foreign Power.” 2/4
But what we& #39;re seeing from governors like Cuomo et al is coordinated activity -- not binding agreements. A court would likely say these aren& #39;t even compacts 3/4
And even if these coalitions qualify as "compacts" they just enhance the police powers already given to state governors. It& #39;s not like these governors are usurping power from the Trump admin -- and that& #39;s the key question. 4/4
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