Such legislation of two or more States, in the absence of inhibiting legislation by Congress, shall not be considered in the context of the constitutional prohibition of agreements or covenants between States.2289 Whenever an intergovernmental covenant enters into force with the consent of the States concerned and the consent of Congress, it will have the same effect as a treaty between sovereign powers. The final construction of the state constitution in such a case rests with the Supreme Court.2296 The authors of the constitution went even further. By the first clause of this article, they established an unqualified prohibition against “any treaty, alliance, or confederation,” and by the third clause, they demanded Congressional approval for “any agreement or pact.” The importance of this distinction was emphasized by Taney C.J. in Holmes v. Jennison:2275 “[I]n these words [`Convention` and `Covenant`] cannot have been used in an idle or superfluous way by the authors of the Constitution, they cannot be interpreted as meaning the same thing with the word Treaty. They obviously mean something more and are designed to make the ban more comprehensive… The word “agreement” does not necessarily mean a direct and express provision; nor does it need to be done in writing. If there is an oral agreement on which both parties have subscribed and on the basis of which both act, it is an “agreement”. And the use of all these terms, “treaty”, “agreement”, “pact”, shows that the authors of the Constitution intended to use the broadest and most comprehensive terms; and that they ardently desired to sever any link or communication between a State and a foreign Power; and we will not realize this obvious intention if we do not give the word “agreement” its full meaning; and apply them in such a way as to prohibit any written or oral, formal or informal, positive or implicit agreement, as mutually understood by the parties. 2276 But, in Virginia v. Tennessee,2277 ruled more than half a century later that the court had changed its position, noting that the unqualified prohibition of covenants and agreements between states without congressional consent did not apply to agreements on such minor matters as border adjustments, which have no tendency to increase the political powers of states parties or interfere with the just supremacy of the United States. Maintaining this subsequent understanding of the clause, the Court did not establish any strengthening of state power over the federal government by adhering to the Multistate Fiscal Pact, thus maintaining agreement between participating states without congressional approval.2278 Many years after the adoption of the Constitution, border disputes continued to dominate as a subject of interstate agreements.
Since the turn of the century, however, the Intergovernmental Pact has been increasingly used as an instrument of state cooperation in the implementation of positive programs to solve common problems.2279 The implementation of large state-owned enterprises, such as the development of the Port of New York by the Port Authority, created by the Pact between New York and New Jersey, flood protection, pollution prevention and conservation and allocation of water supplied by intergovernmental rivers is one of the objectives thus achieved. Another important use of this device was recognized by Congress in the law of June 6, 1934.2280, according to which it approved in advance agreements to combat crime. The first response to this incitement was the 1934 Crimes Pact, which provided for the supervision of probation officers and probation officers to which most states adhered.2281 Subsequently, Congress approved, under various conditions, pacts concerning tobacco production, natural gas conservation, the regulation of inland fishing, flood promotion and pollution control. and other issues. In addition, many States have established standing commissions for intergovernmental cooperation, which have resulted in the establishment of a Council of State Governments, the establishment of special commissions to study the problem of crime, the problem of road safety, the problem of trailers, the problems caused by social security legislation and the development of uniform State legislation to deal with some of these problems. 2282 The purpose of the tonnage clause is to “revitalize the states themselves”.2282 The purpose of the tonnage clause is to “revitalize the states themselves.” the exercise of the power to impose taxes `prejudicial to the interests of others` ….