Interstate Compacts and Administrative Co-operation

• Author: Garland C. Routt
• DOI: 10.1177/000271624020700112
• Published date: 01 January 1940
• Date: 01 January 1940
• Subject Matter: Articles

Interstate Compacts and Administrative Co-operation
By GARLAND C. ROUTT
THIS paper is concerned with the numbers, by formal and informal col-
operation and effect of some of the
laboration between Federal and state
formal and informal governmental de-
governments on the one hand, and
vices which tend to blur the historical
among the states on the other.
pattern of federalism in the United
The American system of federalized
States. These devices may be described
government, at the time it was embodied
as &dquo;short circuits&dquo; which have developed
in the Constitution, was a practical and
between the various parts of the Na-
necessary compromise between jealous
tion’s federal system. They violate the
and suspicious states which were just
&dquo;pure&dquo; theory of federalism in that they
emerging from colonial vassalage to a
provide contacts between governmental
distant and arbitrary government. No
units which are theoretically insulated
political theory dictated that the central
from each other. The Constitution it-
government be one to which limited
self, while it apparently did not con-
powers be delegated by the states which
template the development of administra-
were members of the federation.
Ex-
tive relationships between the states and
perience with the Confederation had
the central government, departed from
demonstrated that the central govern-
federal theory in giving recognition, un-
ment must be more powerful than any
der certain conditions, to agreements
of its members, and that, within its au-
and joint action by the states.
thorized sphere of action, it must be
independent of state interference. The
THE FEDERAL-STATE ISSUE
Constitutional Convention faced the task
Conflict and controversy over the
of framing a system of government
&dquo;proper&dquo; scope for the application of
which would have as few as possible of
state and national powers have played a
the undesirable features both of the
dramatic part in the political history of
autocratic British tyranny and of the
the United States. The unending tug
chaotic and powerless Confederation.
of war between the governmental center
The Constitutional framers retained
and circumference has been one of the
much of the general pattern of the Con-
principal topics of political discussion
federation, but greatly strengthened the
and debate since the Constitutional Con-
authority of the central government by
vention and the Federalist Papers.
assigning to it certain of the sovereign
Even the superior strength which forced
powers of the states.
While this
national unity after the war between the
brought greater unity among the states,
states failed to give a final answer to
it offered no final solution to the Fed-
the question. Nor does any final solu-
eral-state issue.
However, by making
tion seem likely to be found. While the
the central government at least equal to
Nation and its parts continue to develop
any of its parts, it established an equi-
in a changing world, there is little rea-
librium on the basis of which compro-
son to suppose that the balancing proc-
mise was possible. Dr. Jane Perry
ess between state and Federal authority
Clark describes the nature of our fed-
will reach a permanent equilibrium.
eral system as follows:
It is likely, however, that solutions to
In any federal system, government may
certain pressing problems of government
be said to consist essentially of the art of
will continue to be sought, in increasing
compromise between the interests of the
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94
component parts. Two governments are al-
have been extensively discussed during
ways in the picture, and no matter how
recent years.3 Less attention, however,
limited their spheres of authority, they can-
has been given to the role of interstate
not be combined or prevented from occa-
co-operation and the effect which it may
sional collisions and duplications.
But
be expected to have on the Federal-state
there are advantages in the division of au-
equilibrium.
thority in the federal system in the United
This discussion is directed at two
States. In the expansion of governmental
gen-
eral
services, there is
problems involved in the develop-
a line beyond which cen-
tralized administration cannot
ment of interstate relationships: first,
go without
falling because of its
the
own weight. A fed-
operation of state administrative co-
eral division of powers, in accordance with
operation and of interstate compacts in
American tradition, may aid in the avoid-
the developing trend toward general
ance of a too-highly centralized adminis-
governmental collaboration and co-ordi-
tration and offer an opportunity for politi-
nation ; and, second, the effects of inter-
cal and economic experimentation without
state communication and joint action on
the necessity for waiting to convert an en-
the future patterns of federal relation-
tire nation to the hopes and beliefs of a
ships in this country. Underlying the
particular program.’
discussion is the assumption that at the
present time these devices are necessary
CLOSER RELATIONSHIPS
instruments of governmental action for
Dr. Clark’s study discusses the social,
supplementing a relatively inflexible fed-
economic, and political forces which
eral division of powers which was based
have brought about closer administrative
on the expectations of the eighteenth
relationships between Federal and state
century. A further assumption is that
agencies. The operation of the same
a sound evaluation of these instruments
forces has brought about an expansion
of government will be based on their
of the responsibilities of state govern-
contributions toward accomplishing the
ments and has increased the necessity
purposes of government in general,
for co-operation among them for the bet-
rather than on any effect they may have
ter performance of old and new services.
upon expanding or contracting the scope
&dquo;All over the world,&dquo; says George
of state, as contrasted with Federal, au-
Fort Milton, &dquo;government is on the
thority.
march from dedication to narrow min-
State governments are intrusted with
isterial duties to the performance of an
the performance of a multitude of odd
economic function; and no nation,
jobs for their populations. Some of
whether dictatorship or democracy, is
these tasks are of the utmost importance,
exempt ... the whole pattern of govern-
others are trivial by comparison; but
ment, in a practical if not a constitu-
very few are without some bearing on
tional sense, has been recut.&dquo; 2
the activities of the governments of
The effects of the increased use and
other states.
Interstate governmental
new applications of governmental de-
relationships have developed because of
vices for communication and joint action
this, and they have been extended and
between Federal and state governments
have become increasingly important as
industrial and economic changes have
1
Jane Perry Clark, The Rise of a New Fed-
made the Nation an economic unit. Be-
eralism (New York: Columbia University
cause this process has involved a high
Press, 1938), p. 7.
2

degree of skill-specialization and divi-
George Fort Milton, "New Services to
Perform: An Opportunity," State Govern-
3
Jane Perry Clark, op. cit.; V. O. Key, The
ment, Sept. 1939, p. 156.
Administration of Federal Grants to States.

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95
sion of labor, and because modern in-
Administrative co-operation is one of
vention has whittled away the barriers
the important lubricants which make
of time and space which once separated
possible the simultaneous operation of
states, decisions made in one state are
forty-nine semi-independent governmen-
important to the citizens of other states.
tal authorities inside the boundaries of
...