Constellating History: An Investigation into the Supreme Court’s Treatment of Congressional Consent Under the Compact Clause

Authors

Rohan Koosha Hiatt

Author Details

Rohan Koosha Hiatt, J.D. Candidate 2022, Lewis & Clark Law School.

First Page

275

Abstract

The Supreme Court cases of U.S. Steel Corp. v. Multistate Tax Commission and Wharton v. Wise, decided over 80 years apart, set forth different narratives for the evolution of the nonliteral test for consent under the Compact Clause. This Note investigates these competing historical claims in order to reconcile incompatible understandings of how the test evolved, ultimately identifying a more complex origin of the test than the one articulated in U.S. Steel. In so doing, this Note sheds light on the ability of the Court to not only bring history to light, but also to obscure it.

Recommended Citation

Rohan K. Hiatt, Constellating History: An Investigation into the Supreme Court’s Treatment of Congressional Consent Under the Compact Clause, 26 Lewis & Clark L. Rev. 275 (2022).
Available at: https://lawcommons.lclark.edu/lclr/vol26/iss1/9