Most legal researchers are familiar with the federal government's treaty powers (for an overview, check out the Constitution Annotated discussion of Article II, section 2, clause 2 or the three-part 2023 Congressional Research Service report series on International Agreements). Likely less familiar to many are state-level commitments with foreign governments. After all, the Constitution expressly prohibits states from entering into their own treaties, and requires congressional consent for states to enter into agreements or compacts with foreign governments. However, individual U.S. states can and do enter into memoranda of understanding and other commitments with foreign entities. Due to their more ad hoc nature as compared to the highly formal federal process, locating the text or information about these state-level commitments can be difficult.
A new library within the HeinOnline research database called U.S. State Commitments with Foreign Governments, now available to the Duke University community, sheds some light on this practice. The collection was curated by Marquette Law professor Ryan Scoville and his former research assistant Mitchell Knief, now a trademark attorney. Using state Freedom of Information laws, the authors requested "all operative commitments … currently in force between the State…and any foreign government" in all fifty states. The effort generated copies of more than 750 individual state-level documents on a variety of topics, although the authors' introduction cautions that the collection is likely far from comprehensive, and most likely also includes documents that are no longer in force.
The Hein library permits users to search or browse these documents by country, state, or topic area under the "Commitment Index" section. Some results are largely ceremonial pledges to strengthen relations and understanding between a state and a foreign government. Others are more substantial, such as the agreements between states along the Canadian border and the government of Quebec to share law enforcement information, or climate-related agreements between various states and countries.
Access the new HeinOnline library via the library catalog or Legal Databases & Links page; from the main HeinOnline database list, select "U.S. State Commitments with Foreign Governments." For help with using the new module or in locating other materials, be sure to Ask a Librarian.
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