Article IV of the U.S. ConstitutionInterstate Relations, Federal Obligations to the States & the Admission of New States

ARTICLE IV The Full Faith and Credit Clause“Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof…”

PUBLIC ACTS? RECORDS? JUDICIAL PROCEEDINGS?

PUBLIC ACTS CIVIL LAWS of another State

RECORDS “legal documents” – birth cert., property deeds, etc.

JUDICIAL PROCEEDINGS Court rulings – “the judgment of courts”

ARTICLE IV The Full Faith and Credit Clause

4.) SIGNIFICANCE/IMPORTANCE of the Full Faith and Credit Clause of Article IV? “Each state’s civil laws, legal documents & court rulings will be

recognized as valid in all of the 50 states! It is meant to ENFORCE LEGAL JUDGMENTS and PREVENT ‘FORUM SHOPPING’”

2.) FOUR ‘REAL-LIFE’ EXAMPLES where the Full Faith and Credit Clause proves to be important for citizens of the U.S. MARRIAGE, DIVORCE, ADOPTION, LAWSUIT VERDICTS, CHILD SUPPORT, CHILD CUSTODY (family law in general)

3.) TWO ‘REAL-LIFE’ EXAMPLES where it might seem that the Full Faith and Credit Clause has been contradicted for citizens of the U.S. SAME-SEX MARRIAGE Pre-1980s… CHILD CUSTODY Pre-1990s… RESTRAINING ORDERS

“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States…”

ARTICLE IV Privileges and Immunities Clause

5.) THREE ‘REAL-LIFE’ EXAMPLES where the Privileges and Immunities Clause proves to be important for citizens of the U.S. RIGHT TO TRAVEL, SPEED LIMIT, RIGHT TO OWN PROPERTY, JOB OPPORTUNITIES, TAX TREATMENT & PROTECTION OF HABEAS CORPUS

6.) TWO ‘REAL-LIFE’ EXAMPLES where it might seem that the Privileges and Immunities Clause has been contradicted for citizens of the U.S. COLLEGE TUITION (in state vs. out of state) & HUNTING/FISHING LICENSES

ARTICLE IV Privileges and Immunities Clause7.) SIGNIFICANCE/IMPORTANCE of the Privileges and Immunities Clause of Article IV?

ARE FUNDAMENTAL RIGHTS INFRINGED UPON? IS THE STATE JUSTIFIED IN ITS DISCRIMINATION?

“…PREVENTS a state from treating residents of other states in a DISCRIMINATORY MANNER!”

OHIO State Law B – “Kentucky residents who wish to hunt in Ohio must pay 3x the license fee.”

OHIO State Law A – “Drivers with a Michigan license plate MUST drive 10 mph below listed speed limit.”

8.) What LEGAL PROCESS is being described? What is the SIGNIFICANCE/IMPORTANCE this legal process? EXTRADITION: “process whereby one STATE transfers a suspected or convicted criminal to another STATE”

IF YOU COMMIT A CRIME IN ONE STATE, AND YOU FLEE, YOU WILL BE RETURNED TO IT!

* Since 1987, FEDERAL COURTS have the ability to force State GOVERNORS to COMPLY WITH EXTRADITION REQUESTS!

ARTICLE IV Extradition“A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime…”

ARTICLE IV Admitting a New State“New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress…”

9.) PROCESS is being outline in Section 3, Clause 2? REQUIREMENTS listed for this process? …process of NEW STATES being admitted INTO the UNION!

1.) CONGRESS sets up the process of admittance…2.) TERRITORIAL INTEGRITY of states must remain…

ARTICLE IV Admitting a New StateOnly Congress can ADMIT NEW STATES:

1.) Area asks for admission to join 2.) Congress passes an Enabling Act (“Enabling Act of 1802”)3.) Constitutional Convention prepares Constitution4.) Put it to a vote… if accepted – sent to Congress!5.) Congress passes an Act of Admission!

* Congress can also SET CONDITIONS (Utah and polygamy)

10.) List THREE OBLIGATIONS that the Federal government has to fulfill for the states. 1.) REPUBLICAN FORM OF GOVERNMENT2.) PROTECTION FROM INVASION3.) …and DOMESTIC VIOLENCE

ARTICLE IV Federal Obligations to States“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.”

“WHAT IS A REPUBLICAN FORM OF GOVERNMENT?”

REPUBLICAN FORM OF GOVERNMENT “a government, in which all men, rich and poor, magistrates and subjects, officers and people, masters and servants, the first citizen and the last, are equally subject to the laws” (Federalist No. 10, Madison)

* The Constitution and the SCOTUS does/has not defined what a “REPUBLICAN FORM OF GOVERNMENT” is (POLITICAL question, NOT a judicial question)

ARTICLE IV Federal Obligations to States

“Democracy is the most vile form of government… democracies have ever been spectacles of turbulence and contention: have ever been found incompatible with personal security or the rights of property: and have in general been as short in their lives as they have been violent in their deaths.” James Madison

Today, the term “REPUBLICAN FORM OF GOVERNMENT”1.) …is a DEMOCRATIC form of government; 2.) where almost all adults vote for REPRESENTATIVES (adult suffrage);3.) those representatives are responsible to the PEOPLE (representative republicanism);4.) and there are no privileged classes (EQUALITY)

HAS THIS EVER REALLY BEEN AN ISSUE? Has this definition ever NOT been followed through on in the states? (think…)

ARTICLE IV Federal Obligations to States

“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!” Benjamin Franklin

CLAUSE 2 “…and shall protect each of them against INVASION; and… AGAINST DOMESTIC VIOLENCE.” (under this provision, Congress has authorized presidents to send federal troops into a state to guarantee law and order)

MAIN ISSUES 1.) Attacks against the United States (“Invasion”)2.) Natural Disasters (“domestic violence”)

ARTICLE IV Federal Obligations to States

THE POSSE COMITATUS ACT 1.) U.S. FEDERAL LAW June 1878 – after the end of Reconstruction.

2.) INTENT Limit powers of Federal gov’t in using military personnel to enforce laws.

* DOES NOT apply to the National Guard under state authority from acting in a law enforcement capacity within its home state or in an neighboring state if invited by that state's governor.

1957 “Little Rock Nine”Ike ‘Federalized’ National Guard

1963 Wallace & AlabamaJFK ‘Federalized’ National Guard

1992 L.A. RiotsBush ‘Federalized’ National Guard

LOCAL RESOURCES (PD, FD, Hospitals)

STATE RESOURCES (Nat’l Guard by Governor)

FEDERAL RESOURCES (Nat’l Guard by POTUS,

FEMA, Red Cross)

ARTICLE IV Federal Obligations to States

* Stages of EMERGENCY RELIEF in the U.S.1.) EARLY U.S. – Natural disaster & disease2.) WWII/COLD WAR – Nuclear threat 3.) POST-9/11 – Terrorist attacks

PURPOSE OF FEMA “to ensure that federal control continues across the country during disaster times” (is responsible for providing the state and local governments with experts, assistance and funding)

* Helps businesses in REBUILDING EFFORTS (Hurricane Katrina, Joplin Tornado, Hurricane Sandy)

FEMA came into existence through a series of executive orders, most notably by President Jimmy Carter in 1979…

ARTICLE IV Federal Obligations to States