s. The execution of vast public undertakings, such as the
development of the Port of New York by the Port Authority created by
compact between New York and New Jersey, flood control, the prevention
of pollution, and the conservation and allocation of water supplied by
interstate streams, are among the objectives accomplished by this
means.[1785] Another important use of this device was recognized by
Congress in the act of June 6, 1934,[1786] whereby it consented in
advance to agreements for the control of crime. The first response to
this stimulus was the Crime Compact of 1934, providing for the
supervision of parolees and probationers, to which forty-five States had
given adherence by 1949.[1787] Subsequently Congress has authorized, on
varying conditions, compacts touching the production of tobacco, the
conservation of natural gas, the regulation of fishing in inland waters,
the furtherance of flood and pollution control, and other matters.
Moreover, since 1935 at least thirty-six States, beginning with New
Jersey, have set up permanent commissions for interstate cooperation,
which have led to the formation of a Council of State Governments
("Cosgo" for short), the creation of special commissions for the study
of the crime problem, the problem of highway safety, the trailer
problem, problems created by social security legislation, etc., and the
framing of uniform State legislation for dealing with some of
these.[1788]

Consent of Congress

The Constitution makes no provision as to the time when the consent of
Congress shall be given or the mode or form by which it shall be
signified.[1789] While the consent will usually precede the compact or
agreement, it may be given subsequently where the agreement relates to a
matter which could not be well considered until its nature is fully
developed.[1790] The required consent is not necessarily an expressed
consent; it may be inferred from circumstances.[1791] It is sufficiently
indicated, when not necessary to be made in advance, by the approval of
proceedings taken under it.[1792] The consent of Congress may be
granted conditionally "upon terms appropriate to the subject and
transgressing no constitutional limitations."[1793] And in a recent
instance it has not been forthcoming at all. In Sipuel _v._ Board of
Regents,[1794] decided in 1948, the Supreme Court ruled that the equal
protection clause of Amendment XIV requires a State maintaining a law
school for white stude