Friday, June 7, 2013

Article IV of the U.S. Constitution

Article IV of the U.S. Constitution establishes the guidelines by which states are to interact with one another.

Section 1
Section one contains the "full faith and credit" clause.  It requires that each state recognize the "public acts, records, and judicial proceedings" of every other state.  However, this is followed up with a clause empowering Congress to determine how and when this clause will apply.

Note:  This clause is what allows you to drive from your home state to another without having to secure a driver's license in each state you pass through.  It is also what allows a couple married in one state to move to another without having to be remarried.  However, because Congress acted in 1996 through the Defense of Marriage Act, it prevented states from having to acknowledge same-sex marriages if they chose not to do so.  This portion of the Constitution is what enabled them to pass that legislation.


Section 2
Section Two attempts to establish the principle of equality before the law, by stating that a citizen of any one state is "entitled to all privileges and immunities of citizens in the several states."  This section also establishes the principle of extradition between the states.  Prior to passage of the 13th Amendment, this section also required fugitive slaves to be returned to their masters.

Section 3
This section establishes the process for a new state being created or accepted into the union.  Congress is the institution that must formally adopt a new state.  In addition, this section prevents Congress from creating a new state out of one or more states without the consent of those states' legislatures.  This section also gives Congress the power to regulate, or dispose of the properties of the U.S., including territories.

Section 4
Section Four enumerates the national government's responsibilities to the states.  They include:

  • Ensuring each state has a republican form of government (i.e., representation, elections, division of powers, etc.)
  • Protection from foreign invasion
  • Protection from domestic violence (when requested by the legislature or executive of a particular state)

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