I'm seeing some claims that these coalitions of state governors are unlawful under the Constitution's Compact Clause. Here's why I believe that'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're seeing from governors like Cuomo et al is coordinated activity -- not binding agreements. A court would likely say these aren'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's not like these governors are usurping power from the Trump admin -- and that's the key question. 4/4
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