At Josh Blackman's Blog, Josh Blackman: Does the Compact Clause Require Presentment? Here is an excerpt:
The Compact Clause of Article I, Section 10 provides:
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
As a purely textual matter, it would not seem that the President must sign an interstate compact for it to be effective. The states only need the consent of Congress, which includes both houses. This is contrasted with the Article I, Section 7 presentment clause:
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States.
“Every bill” that passes both houses must be signed by the President to take the force of law. It is not clear that a “compact” is a “bill,” though it would seem to be some species of federal law for purposes of the Supremacy Clause. Also, the phrase “Consent,” is quite different from “passed.” In other words “pass[ing]” a “Bill” seems quite different from providing “Consent” for a “Compact.” As a mater of text, I’m not sure if Presentment is necessary.
Posted at 6:53 AM