Eleanor Finch
The fourth rule of the US Constitution, also known as Article IV, outlines the relationship between the states and guarantees each state a republican form of government. It establishes that each state must respect the laws and records of other states and protect the rights and privileges of their citizens. Additionally, it addresses the process of admitting new states into the Union and the protection of states against invasion and domestic violence.
| Characteristics | Values |
|---|---|
| Powers of Congress | To dispose of and make rules and regulations for US territory and property |
| Claims of the US and individual states | Not prejudiced by the Constitution |
| Acts, Records, and Proceedings of States | To be given full faith and credit in each State |
| Manner of proof | Prescribed by Congress |
| Privileges of Citizens | Citizens of each State are entitled to all privileges and immunities of Citizens in the several States |
| Persons charged with crimes | To be delivered up to the State with jurisdiction over the crime |
| Persons held to Service or Labour | Not to be discharged from such Service or Labour if escaping to another State |
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What You'll Learn
Full Faith and Credit
The fourth rule of the US Constitution, also known as Article IV, is often referred to as the 'Full Faith and Credit' rule. This rule establishes that each state must recognize and respect the laws and judicial proceedings of the other states within the Union.
The 'Full Faith and Credit' rule ensures that there is a level of uniformity and reciprocity across the states in terms of legal recognition. This means that the laws, public acts, and records of one state are given validity and legitimacy in all the other states. For example, if a couple is legally married in one state, the other states must recognize that marriage as valid. Similarly, if a person is charged with a crime in one state and then flees to another, the 'Full Faith and Credit' rule ensures that the fugitive can be returned to the state where the crime was committed to face justice.
This rule also extends to the privileges and immunities of citizens. It guarantees that citizens of one state are entitled to the same fundamental rights and protections when they are in another state. This includes the right to due process, equal protection under the law, and the right to travel and reside in different states.
The 'Full Faith and Credit' rule is designed to promote unity and consistency across the states, preventing a situation where each state operates in isolation with its own distinct and incompatible legal system. By giving 'Full Faith and Credit' to each other's laws and proceedings, the states recognize their shared sovereignty and commitment to a unified nation under the Constitution.
However, it is important to note that this rule does not mean that states must adopt identical laws or that there cannot be variations in state laws. Instead, it establishes a framework for mutual recognition and respect, ensuring that the legal rights and obligations of individuals and states are upheld across the country.
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Citizens' Privileges
The Fourth Amendment of the US Constitution is a rule that protects citizens' privacy and establishes their right to be secure from unreasonable searches and seizures. This means that citizens have the right to not have their letters and private documents seized and used as evidence against them in a court of law.
The Fourth Amendment also protects citizens from having evidence secured through state authorities turned over to federal authorities, a doctrine known as the "silver platter". This was established in the case of Lustig v. United States (1949), where Justice Frankfurter stated:
> "The crux of that doctrine is that a search is a search by a federal official if he had a hand in it; it is not a search by a federal official if evidence secured by state authorities is turned over to the federal authorities on a silver platter."
However, in the case of Wolf v. Colorado (1949), it was decided that state searches and seizures were subject to federal constitutional restrictions through the Fourteenth Amendment's due process clause. This meant that the "silver platter doctrine" was no longer constitutionally viable, as ruled in Elkins v. United States (1960).
The Fourth Amendment is an important safeguard for citizens' rights and ensures that they are protected from unreasonable intrusions by the government. It is a fundamental part of the US Constitution and has been the subject of much interpretation and debate over the years.
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Treason, Felony, Crime
Article IV of the US Constitution outlines the relationship between the states and deals with the rights of citizens of one state when they are in another state. In the context of 'Treason, Felony, Crime', Article IV of the US Constitution states:
> 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.
This means that if a person is charged with treason, felony, or another crime in one state and then flees to another state, the state they fled to must return them to the state where they were charged.
Article III of the US Constitution also mentions treason, defining it as follows:
> Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.
This definition of treason is quite narrow and specific. The article also outlines the requirements for conviction:
> No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
Additionally, Article I of the US Constitution grants Congress the power:
> To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations.
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Service and Labour
The fourth rule of the US Constitution's Article IV states:
> 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 clause, also known as the Fugitive Slave Clause, pertains to fugitive slaves who escaped to free states and were required to be returned to their owners. It underscores the legal obligation to return individuals who flee from one state to another while bound to service or labour. This provision ensured that individuals obligated to provide service or labour in one state could not escape those duties by crossing state lines and that they could be lawfully returned to their original state upon a claim by the party to whom such service was owed.
In the context of the Labour Party in the UK, Clause IV of their constitution has held significant importance. Drafted in 1917 and adopted in 1918, the original Clause IV was seen as a commitment to socialism and nationalisation, advocating for the common ownership of the means of production, distribution, and exchange. This clause sparked controversy, and in 1959, after a general election loss, Labour Party leader Hugh Gaitskell attempted to amend it. However, the left wing of the party resisted, and the clause remained.
In the 1990s, Tony Blair, then leader of the Labour Party, proposed a new statement of aims and values, which resulted in the adoption of a new Clause IV in 1995. This revision was seen as a significant shift, moving the party away from its traditional socialist principles and towards the "'New Labour'" branding. The amended Clause IV emphasised a commitment to a dynamic economy and working with various organisations to achieve the party's goals.
The debate surrounding Clause IV continued, with some arguing that the Labour Party was abandoning its socialist roots to gain electoral success. Jeremy Corbyn, the party leader from 2015 to 2020, sparked discussions about potentially reinstating the original clause, but his spokesman denied any intention to return to it.
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Search and Seizure
The Fourth Amendment of the US Constitution protects citizens against unreasonable searches and seizures. This amendment ensures that people are secure in their persons, houses, papers, and effects, and safeguards them against invasions of privacy. The amendment's purpose is to protect individuals' right to privacy and ensure that any evidence obtained through illegal means is excluded from court proceedings.
The Fourth Amendment was established to prevent arbitrary searches and seizures by government officials, protecting citizens' rights and freedoms. It applies to all government agents, including law enforcement officers, and covers not only physical spaces but also electronic communications and data. The amendment requires that searches and seizures be reasonable and carried out with probable cause, typically in the form of a warrant based on sworn testimony or affidavit.
The amendment's protections extend to places where individuals have a reasonable expectation of privacy, such as their homes, vehicles, and electronic devices. It also covers items in their possession, such as letters and documents, ensuring that these cannot be seized and used as evidence in court without just cause. The amendment's scope has been interpreted and refined through various court cases over the years, with the exclusionary rule being a significant development.
The exclusionary rule, an important aspect of the Fourth Amendment, was established to address concerns about the use of illegally obtained evidence in court proceedings. This rule excludes evidence obtained through unreasonable searches and seizures, ensuring that the methods used to obtain such evidence are lawful and constitutional. The rule acts as a deterrent against unlawful searches and seizures, protecting citizens' rights and ensuring that any evidence used in court is obtained legitimately.
The Fourth Amendment's protections against unreasonable searches and seizures are not absolute, and there are exceptions to the warrant requirement. For instance, in exigent circumstances, such as when there is a risk to public safety or the destruction of evidence, law enforcement may conduct a search without a warrant. Additionally, certain administrative searches, such as workplace inspections or border searches, may be exempt from the amendment's restrictions.
The Fourth Amendment continues to be a crucial safeguard for citizens' privacy and freedom from unreasonable government intrusion. It has been the subject of ongoing interpretation and debate, with court rulings shaping the understanding and application of this fundamental right.
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Frequently asked questions
The fourth rule of the US Constitution, also known as the Fourth Amendment, protects citizens from unreasonable searches and seizures.
The "silver platter doctrine" is a phrase coined by Justice Frankfurter in Lustig v. United States, 338 U.S. 74, 78–79 (1949). It states that evidence secured by state authorities and turned over to federal authorities does not constitute a federal search.
The exclusionary rule is an essential part of the right to privacy, which holds that illegally seized evidence is to be excluded from both federal and state courts.
In Wolf v. Colorado, 338 U.S. 25 (1949), the Court held that state searches and seizures are subject to federal constitutional restrictions through the Fourteenth Amendment's due process clause.
The Fourth Amendment protects citizens' right to privacy and ensures that illegally obtained evidence is not used in court. It restricts federal searches and seizures, while state officers are not directly constrained by it.
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