"Interstate"

The federal government has never been given the power under the Constitution to eliminate differences among the several States by devising uniform legislation on all issues of common interest. In addition, under the principles of dual sovereignty, the federal government cannot legislate in any manner that directly compels State action.

Although Congress has the power to regulate commerce among the several States, thereby creating a uniform commercial rule, it has been established that this power does not apply to all interstate matters not legitimately and substantially pertaining to "commerce" nor to intrastate matters. [See United States v. Lopez, #93-1260 (1995)]

The federal government lacks the authority to force compacts between or among the several States, although when compacts are initiated by the States, themselves, they are subject to the approval of Congress.

Baring voluntary compact of the States,  the Judiciary Act provides for adjudication of disputes between different States by the Supreme Court of the United States.

The case of State of Missouri v. State of Illinois, 180 U.S. 208 (1900), involved a matter of interstate pollution. As stated by Justice Shiras:

"By the Constitution the states are forbidden to 'enter into any treaty, alliance, or confederation; grant letters of marque and reprisal,' or without the consent of Congress 'keep troops or ships of war in time of peace, enter into any agreement or compact with another state or with a foreign power, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay.' . . .

"Controversies between them arising out of public relations and intercourse cannot be settled either by war or diplomacy, though, with the consent of Congress, they may be composed by agreement . . ."

"In the absence of agreement it may be that a controversy might arise between two states for the determination of which the original jurisdiction of this court would be invoked, but there must be a direct issue between them, and the subject-matter must be susceptible of judicial solution...."