As discussed in § 1.1, the ICAOS received advanced congressional consent pursuant to 4 U.S.C. § 112 (2024). Accordingly, as discussed in § 1.11 infra, the agreement created a compact that must be construed as federal law, enforceable on member states through the Supremacy Clause and the Compacts Clause of the U.S. Constitution. Consequently, member states may not act unilaterally to alter the terms and conditions of the agreement. Section 1 discusses how state law that conflicts with or attempts to supersede the ICAOS would be unenforceable to the extent of the conflict. Additionally, Article XII(A) and Article XIV(B) require state executive bodies and courts to give full force and effect to the Compact. For example, a state parole board may not impose terms and conditions on parolees from other states that exceed or attempt to override the requirements set by the Interstate Commission.
A distinctive feature of the ICAOS among Compacts is the impact that rules adopted by the Interstate Commission have on state law. The ICAOS explicitly grants the Interstate Commission the authority to adopt rules necessary to fulfill the agreement’s objectives. According to the Compact’s provisions, these rules hold the force of statutory law and are binding on the Compacting states. Scott v. Commonwealth, 676 S.E.2d 343, 346 (Va. App. 2009). A state law, court rule, or regulation that contradicts or attempts to contravene the rules of the Interstate Commission may be invalid to the extent of the conflict. Art. V, Powers & Duties of the Interstate Commission.