Blair/Schwarzenegger Agreement on Climate Change

David Cruz dcruz at law.usc.edu
Tue Sep 12 11:55:02 PDT 2006


Does Article I, section 10 use "state" in two different senses, the
first time (omitted from Eugene's partial quotation) limited to states
of the U.S.A. ("No state shall") and the second time embracing both U.S.
states and foreign nations?  It's certainly possible in context, but cf.
Article I, section 8, clause 3.

 

David B. Cruz

Professor of Law

University of Southern California Gould School of Law

Los Angeles, CA 90089-0071

U.S.A.

 

________________________________

From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Tuesday, September 12, 2006 11:28 AM
To: conlawprof at lists.ucla.edu
Subject: RE: Blair/Schwarzenegger Agreement on Climate Change

 

    Wouldn't that be a state "enter[ing] into an[] agreement ... with
another state," which under article I, section 10 would require consent
of Congress?  Or has "agreement ... with another state" been read in a
way that excludes agreement to cooperate on studies?

 

    Eugene

	 

	
________________________________


	From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of William Funk
	Sent: Tuesday, September 12, 2006 11:24 AM
	To: conlawprof at lists.ucla.edu
	Subject: Blair/Schwarzenegger Agreement on Climate Change

	I have been off the list for a while.  Has there been any
discussion of the constitutionality of Arnie and Tony signing a formal
agreement to cooperate on climate change studies?

	Bill Funk

	Lewis & Clark Law School

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