Thursday, May 9, 2013
Article IV - The States
In Section 1, the Constitution affirms that :
"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."
In other words, legal cases settled in one state must be recognized in others. One state court may not re-open a case decided in another state, simply because the laws are different. There are exceptions, of course, but they are few and limited, so the bottom line is that if I am convicted of a crime in my home state, I can't go to a neighboring state and be re-tried by its state courts because the law in that state doesn't find my actions illegal.
Section 2 begins:
"The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."
This has been the subject of a lot of interpretation and speculation. Does it mean that all citizens must be treated equally, no matter where they are? Or that the rights of a citizen in one state must be recognized while travelling to another state? The Supreme Court opines that it means that a state may not discriminate against a person of another state in favor of a citizen of its own state. Again, many exceptions and exemptions apply, but that's the gist of it.
The next part deals with extradition of criminals, and basically states that fugitives who cross state lines may be extradited to the state in which the crime was committed.
The third part of Section 2 became known popularly as "The Fugitive Slave Clause":
"No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due."
This allowed slave owners to demand the return of escaped slaves, even if the slave escaped to a free state. The Thirteenth Amendment rendered this clause moot.
Section 3 addresses the admission of new states. Any new state may not be created within the boundaries of an existing state, nor by the junction of any two existing states without the consent of the states involved and the federal government.
The second part of Section 3 deals with territory:
"The Congress shall have power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State."
The Congress ultimately has authority over all U.S. territory, but what exactly is "territory"? In a series of decisions about the "Insular Territories", the Supreme Court ruled that territories belonged to but were not part of the United States. This has led to the long-standing debate over the political status of Puerto Rico, for example.
Section 4 requires that every state establish a republican form of government. It does not specify the precise form the government of each state must take, only that it be based on the principles of the consent of the governed. In that vein, no state has a purely democratic government - all have a representative government of one style or another, and all are based on the federal model, with an executive, a legislature and a judiciary. This section also required the federal government to protect the states from invasion and domestic violence.
Next up: Amendments