# E-ZPass and the Compacts Clause

**URL:** <https://boards.straightdope.com/t/e-zpass-and-the-compacts-clause/957153>\
**Category:** Factual Questions\
**Created:** [January 3, 2022, 7:37pm UTC](https://boards.straightdope.com/t/e-zpass-and-the-compacts-clause/957153 "2022-01-03T19:37:14Z")\
**Posts on this page:** 8\
**Page:** 1

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [January 3, 2022, 7:37pm UTC](https://boards.straightdope.com/t/e-zpass-and-the-compacts-clause/957153/1 "2022-01-03T19:37:14Z")

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From the E-ZPass Group’s [website](https://www.e-zpassiag.com/about-us/overview),

> In 1990, seven toll facilities from the states of New York, New Jersey and Pennsylvania joined to form an alliance known as the E-ZPass Interagency Group (IAG).

and from their [member](https://www.e-zpassiag.com/about-us/members) webpage,

> Starting with only seven members in 1993 in three States, the E-ZPass Group today includes the below listed members in 19 States.

From the U.S Constitution,

> No State shall, without the Consent of Congress, […] enter into any Agreement or Compact with another State

Did Congress ever provide consent?

~Max

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [January 3, 2022, 7:38pm UTC](https://boards.straightdope.com/t/e-zpass-and-the-compacts-clause/957153/2 "2022-01-03T19:38:51Z")

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But those are toll facilities, not the states themselves. At least, I think.

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**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\
**Post date:** [January 3, 2022, 7:39pm UTC](https://boards.straightdope.com/t/e-zpass-and-the-compacts-clause/957153/3 "2022-01-03T19:39:58Z")

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> **[Why Are 34 States Ignoring a Law Designed to Make Your Road Trip Easier?](https://www.lx.com/politics/why-are-34-states-ignoring-a-law-designed-to-make-your-road-trip-easier/37399/)**
>
> Congress passed a law to make interstate road trips easier, mandating one universal transponder for paying tolls. So why are E-Z Pass, SunPass, TxTag and all the others making life so difficult?

Yes, the US congress is all for it.

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<div class="post-metadata">

**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [January 3, 2022, 7:46pm UTC](https://boards.straightdope.com/t/e-zpass-and-the-compacts-clause/957153/4 "2022-01-03T19:46:35Z")

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Toll facilities in other contexts are an extension of the state.

For example the Port Authority of New Jersey and New York is a joint venture duly recognized by Congress, probably one of the most famous. It is also one of the founding members of E-ZPass.

Contrast with another founding member, the Pennsylvania Turnpike Commission, whose five commissioners are appointed directly by the governor of Pennsylvania.

~Max

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**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\
**Post date:** [January 3, 2022, 7:49pm UTC](https://boards.straightdope.com/t/e-zpass-and-the-compacts-clause/957153/5 "2022-01-03T19:49:15Z")

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There are many agreements or compacts among states, like Metro-North between Connecticut and New York, or Powerball and Megamillions lotteries.

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [January 3, 2022, 7:52pm UTC](https://boards.straightdope.com/t/e-zpass-and-the-compacts-clause/957153/6 "2022-01-03T19:52:02Z")

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From what I can tell that law (“[MAP-21](https://www.govinfo.gov/content/pkg/PLAW-112publ141/html/PLAW-112publ141.htm)”) was passed in 2012 while E-ZPass went into effect in the '90s. Furthermore MAP-21 seems to describe a _different_ toll system. I doubt whether that could pass as consent for E-ZPass.

ETA: A plaintext search of the law did not turn up any results for “ez”, “e-z”, or “zpass”.

~Max

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [January 3, 2022, 8:12pm UTC](https://boards.straightdope.com/t/e-zpass-and-the-compacts-clause/957153/7 "2022-01-03T20:12:02Z")

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> [@Dewey\_Finn](#):
>
> Metro-North between Connecticut and New York

Congress provided consent with [P.L. 91-159, 1969](https://www.congress.gov/bill/91st-congress/senate-bill/2734/text/pl?overview=closed).

> Metropolitan Transportation Authority, a governmental  
> corporation of the state of New York, and Connecticut Transportation  
> Authority, an agency of the state of Connecticut, acting individually,  
> but in cooperation with each other, or as co-venturers where they deem  
> it advisable and practical, are hereby authorized to do the following  
> where permissible under the enabling laws of their respective states […]

~Max

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**Author:** ![erysichthon](https://avatars.discourse-cdn.com/v4/letter/e/d07c76/32.png) [@erysichthon](https://boards.straightdope.com/u/erysichthon)\
**Post date:** [January 3, 2022, 11:30pm UTC](https://boards.straightdope.com/t/e-zpass-and-the-compacts-clause/957153/8 "2022-01-03T23:30:31Z")

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Interstate compacts don’t necessarily require explicit Congressional approval.

The Supreme Court ruled in [Virginia v. Tennessee](https://ballotpedia.org/Virginia_v._Tennessee_(1893)) (1893) that the Compacts Clause only applies to compacts that “tending to the increase of political power in the States, which may encroach upon or interfere with the just supremacy of the United States.” This was affirmed by several other SCOTUS rulings in the 1970s and 80s.

There are quite a few interstate compacts and agreements, and some (such as the Multistate Lottery Agreement mentioned above) have never been directly approved by Congress.
