Page:Alabama v. North Carolina, 560 U.S. (2010) slip opinion.pdf/13

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
Cite as: 560 U. S. ____ (2010)
9

Opinion of the Court

can impose. But they do establish “illustrative applica­tion[s] of the general principle,” Federal Land Bank of St. Paul v. Bismarck Lumber Co., 314 U. S. 95, 100 (1941), which underlies the kinds of sanctions the Commission can impose. It is significant that both these specifically authorized sanctions are prospective and nonmonetary in nature.

Moreover, Article 3 of the Compact provides: “The rights granted to the party [S]tates by this compact are addi­tional to the rights enjoyed by sovereign states, and noth­ing in this compact shall be construed to infringe upon, limit, or abridge those rights.” 99 Stat. 1873. Construing Article 7(F) to authorize monetary sanctions would violate this provision, since the primeval sovereign right is im­munity from levies against the government fisc. See, e.g., Alden v. Maine, 527 U. S. 706, 750–751 (1999).

Finally, a comparison of the Compact’s terms with those of “[o]ther interstate compacts, approved by Congress contemporaneously,” Texas v. New Mexico, 462 U. S. 554, 565 (1983), confirms that Article 7(F) does not authorize monetary sanctions. At the same time Congress consented to this Compact, it consented to three other interstate compacts that expressly authorize their commissions to impose monetary sanctions against the parties to the compacts. See Northeast Interstate Low-Level Radioac­tive Waste Management Compact, Art. IV(i)(14), 99 Stat. 1915 (hereinafter Northeast Compact); Central Midwest Interstate Low-Level Radioactive Waste Compact, Art. VIII(f), 99 Stat. 1891 (hereinafter Central Midwest Com­pact); Central Interstate Low-Level Radioactive Waste Compact, Art. VII(e), 99 Stat. 1870 (hereinafter Central Compact). The Compact “clearly lacks the features of these other compacts, and we are not free to rewrite it” to empower the Commission to impose monetary sanctions. Texas v. New Mexico, 462 U. S., at 565.