Article 1 Section 10 of the U.S. Constitution states: “No state shall, without the consent of Congress … enter into any agreement or compact with another state … “However the operational protocol established by the U.S. Congress is to consider an interstate compact “after” all participating states have signed on. Federal Case Law dictates that the Compact Clause should not be read literally. In the 1978 U.S. Supreme Court case of U.S. Steel Corporation v. Multistate Tax Commission, Justice Lewis Powell, writing for the majority, argued: “Read literally, the Compact Clause would require the States to obtain congressional approval before entering into any agreement among themselves, irrespective of form, subject, duration, or interest to the United States.”
To avoid the possibility of a protracted litigation process that could ensue, National Popular Vote is working to introduce legislation in the U.S. Congress for Congressional consent of the compact. In the mean time, the advocates of the National Popular Vote Plan will work feverishly to Sheppard the compact through State Legislatures.