Legal Advisory Opinions

Legal Advisory Opinions

Constitutionality of Rule Making by Interstate Compact Commissions

Summary

Based upon the precedent of the U.S. Supreme Court and other legal authorities, the language of the rule making provisions of the proposed REPLICA statute and these other regulatory compacts is similar, if not identical and is also consistent with the opinion of the U.S. Supreme Court in State of West Virginia, ex rel. Dyer v. Sims, 341 U.S. 22, 30 (1951) which upheld a similar challenge to a compact rule making statute by the State of West Virginia. This analysis is also consistent with that provided in the above referenced legal treatise on interstate compact law. See The Evolving Law and Use of Interstate Compacts, supra. at pp. 150-152.