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The law governing formal agreements between U.S. states is unique. Litwak's Interstate Compact Law continues to throw bright light on all facets of compact law as it compares and contrasts compact law with other intergovernmental agreements. This new edition, the Fourth, includes a new chapter on compacts with international participation.Covering materials through Spring 2020, the book includes all the cases, both historical and recent, that are vital to understanding the ways that states cooperate through interstate compacts. The cases have been edited to focus on the compact at issue, in addition to core legal principles. Notes and questions present related materials, supporting and contrary examples, and inviting discussion points.Examining how and why States cooperate, Litwak takes students through the interwoven constitutional, contractual, and administrative law of compacts. Still the only comprehensive book about the law of such agreements, Interstate Compact Law prepares lawyers to apply compact law principles to any manner of intergovernmental cooperation, including states' agreements with foreign governments.
Long taken for granted, water resources are rapidly becoming a contentious issue within American politics. Continuing population growth and rapid development, coupled with environmental events such as droughts, have led to increasing water shortages in sections of the nation. In Interstate Water Compacts author Joseph F. Zimmerman highlights the growing importance of water issues within the United States and a device that has been instrumental in facilitating interstate cooperation to solve water-related problems: the interstate compact. This groundbreaking work is the first to devote itself exclusively to interstate and federal-interstate compacts pertaining to controversies including the abatement of water pollution, apportionment of river waters, economic development, flood control, inland fisheries, marine fisheries, and restoration to rivers of anadromous fish, such as salmon and shad. The process for entering into interstate and federal-interstate compacts is explained in detail, as is the exercise of original jurisdiction by the US Supreme Court to resolve intractable interstate controversies involving interpretation of provisions of compacts, water apportionment, and water pollution abatement. Zimmerman concludes by calling for the President, Congress, governors, state legislatures, and local governments to devote more attention and resources to finding solutions for water-related problems.
With respect to "controversies between two or more states," the U.S. Constitution grants original jurisdiction to the U.S. Supreme Court, and in 1789 Congress made exclusive the Court's jurisdiction over interstate disputes. In this book, Joseph F. Zimmerman examines the role of the Supreme Court in settling disputes between states, the criteria developed by the Court to determine whether its original jurisdiction should be invoked, and the function of special masters, who, as adjuncts to the Court, facilitate negotiated settlements or provide the factual information needed by the Court to render sound decisions. Zimmerman analyzes a wide range of specific disputes, from boundary lines to financial matters to water allocation, diversion, and pollution. To alleviate the Court's exceptionally heavy and critically important appellate workload, the author proposes alternative mechanisms for resolving controversies between sister states, including interstate boundary compacts, interstate regulatory compacts, and several congressional initiatives.
The National Popular Vote (NPV) initiative proposes an agreement among the states, an interstate compact that would effectively achieve direct popular election of the President and Vice President without a constitutional amendment. It relies on the Constitution's grant of authority to the states in Article II, Section 1 to appoint presidential electors "in such Manner as the Legislature thereof may direct.... " Any state that joins the NPV compact pledges that if the compact comes into effect, its legislature will award all the state's electoral votes to the presidential ticket that wins the most popular votes nationwide, regardless of who wins in that particular state. The compact would, however, come into effect only if its success has been assured; that is, only if states controlling a majority of electoral votes (270 or more) join the compact. At present, 15 states and the District of Columbia, jointly accounting for 196 electoral votes, have joined the compact. Adoption of the compact in the states has been uneven: after approval by 8 states and the District of Columbia between 2007 and 2011, the pace slowed, but since 2018, the compact has regained momentum as 5 additional states with 31 electoral votes joined. As of October 2019, NPV legislation was pending in 2 states with a total of 25 electoral votes where the legislature was in session. In 5 other states with 45 votes, NPV remained "live" and eligible to be "carried over" for consideration when their legislatures reconvene for their 2020 session. Opposition has emerged in some states.
Contents: (1) Intro.; (2) Competing Approaches: Direct Popular Election v. Electoral College Reform; (3) Direct Popular Election: Pro and Con; (4) Electoral College Reform: Pro and Con; (5) Electoral College Amendments Proposed in the 111th Congress; (6) Contemporary Activity in the States; (7) 2004: Colorado Amendment 36; (8) 2007-2008: The Presidential Reform Act (California Counts); (9) 2006-Present: National Popular Vote -- Direct Popular Election Through an Interstate Compact; Origins; The Plan; National Popular Vote, Inc.; Action in the State Legislatures; States That Have Approved NPV; National Popular Vote; (10) Prospects for Change -- An Analysis; (11) State Action -- A Viable Reform Alternative?; (12) Concluding Observations.
A New Statesman Book of the Year “America’s greatest historian of democracy now offers an extraordinary history of the most bizarre aspect of our representative democracy—the electoral college...A brilliant contribution to a critical current debate.” —Lawrence Lessig, author of They Don’t Represent Us Every four years, millions of Americans wonder why they choose their presidents through an arcane institution that permits the loser of the popular vote to become president and narrows campaigns to swing states. Congress has tried on many occasions to alter or scuttle the Electoral College, and in this master class in American political history, a renowned Harvard professor explains its confounding persistence. After tracing the tangled origins of the Electoral College back to the Constitutional Convention, Alexander Keyssar outlines the constant stream of efforts since then to abolish or reform it. Why have they all failed? The complexity of the design and partisan one-upmanship have a lot to do with it, as do the difficulty of passing constitutional amendments and the South’s long history of restrictive voting laws. By revealing the reasons for past failures and showing how close we’ve come to abolishing the Electoral College, Keyssar offers encouragement to those hoping for change. “Conclusively demonstrates the absurdity of preserving an institution that has been so contentious throughout U.S. history and has not infrequently produced results that defied the popular will.” —Michael Kazin, The Nation “Rigorous and highly readable...shows how the electoral college has endured despite being reviled by statesmen from James Madison, Thomas Jefferson, and Andrew Jackson to Edward Kennedy, Bob Dole, and Gerald Ford.” —Lawrence Douglas, Times Literary Supplement
The United States wasn't built as a democracy. The Senate doesn't represent people. Both sides hate gerrymandering and the courts refuse to fix it. Our right to be heard is defeated by voter suppression and an Electoral College system that concentrates power in a handful of states and too often reverses the popular vote. But within our flawed system, we have the tools to tackle our most stubborn election problems by flexing state and local power (no constitutional amendments or courts required). Kristin Eberhard, Director of Democracy at Sightline Institute, thoughtfully researched how the U.S. election system is unjust to many by design, and walks us through 10 big but practical ideas for making our elections free, fair, and secure. A field guide to better elections for both sides of the aisle, Becoming a Democracy illuminates the meaningful, concrete actions that we can take to transform our elections and make sure everyone's vote counts (and that we all get to vote in the first place).