Chapter 1.3 Delegation of State Authority to an Interstate Commission

Delegation of State Authority to an Interstate Commission

One of the axioms of modern government is the ability of a state legislature to delegate to an administrative body the power to make rules and decide particular cases.  This delegation of authority extends to the creation of interstate commissions through an interstate compact.  See Hess v. Port Auth. Trans-Hudson Corp., 513 U.S. 30, 42 (1994); Dyer, 341 U.S. at 30–31 (1951).  Obligations imposed by an interstate commission pursuant to an interstate compact are enforceable on the member states.  An interstate compact may also provide that its interstate commission is empowered to determine when a state has breached its obligations and sanctions on a non-complying state.  See, e.g., Alabama v. North Carolina, 560 U.S. at 342–44 (2010) (Interstate commission had such power but was not the sole arbiter of disputes regarding a state’s compliance with the compact).  Through enactment of the Interstate Compact for Juveniles, states have empowered the Interstate Commission for Juveniles to conduct rulemaking functions, oversight, enforcement, and dispute resolution.  See Interstate Compact for Juveniles, Arts.VI & VII (2008)