Article Iv: The Unity Clause

Article IV of the US Constitution, also known as the Full Faith and Credit Clause, addresses the states' relations with each other, sometimes referred to as horizontal federalism. It requires each state to acknowledge the laws, public records, and court decisions of every other state, with the understanding that Congress may prescribe how these materials can be proved in court and what effect they will have. Article IV also includes provisions for the admission of new states into the Union and guarantees each state a republican form of government, protection from invasion, and protection from domestic violence, if requested.

Explore related products

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The Founders’ Constitution: The Preamble Through Article 1, Section 8, Clause 4

$14.5

The Founders' Constitution, Vol. 4: Article 2, Section 2, Through Article 7

$14.5

The Constitution of the United States of America, with the Bill of Rights and all of the Amendments; The Declaration of Independence; and the Articles of Confederation

$4.5 $4.5

The Complete Federalist and The Anti-Federalist Papers: The Articles of Confederation, The Constitution of Declaration, All Bill Of Rights & Amendments (Part 4)

$7.49

The Constitution of the United States of America: [4 in 1] the Founding Documents in1 book . Complete with the Declaration of Independence, Articles of Confederation, and Bill of Rights

$6.99

Full Faith and Credit Clause

Article IV, Section 1 of the United States Constitution, also known as the Full Faith and Credit Clause, addresses the duty of individual states to respect the laws and judgments of other states. The clause ensures that each state gives full faith and credit to the public acts, records, and judicial proceedings of every other state. This includes statutes and other legislative measures.

The Full Faith and Credit Clause plays a crucial role in mitigating conflicts between states and maintaining the dependability of judgments across the country. It prevents relitigation of issues in different states, ensuring consistency in legal outcomes. This clause falls under the Constitution's federalist structure, which allows each state to maintain its own government and judicial system.

While the Full Faith and Credit Clause generally requires states to recognise the laws and judgments of other states, there are exceptions. For instance, a state may disregard a judgment from another state if that court lacked jurisdiction or did not follow the required procedures. The Supreme Court has differentiated between the credit owed to laws and the credit owed to judgments, with federal courts reluctant to force a state to enforce pronouncements that conflict with its own public policy.

The Full Faith and Credit Clause has been applied in various contexts, including orders of protection and child support. However, it has not been successfully invoked to force a state to recognise marriages it does not wish to, such as interracial marriages in the past. The application of the clause to state-sanctioned same-sex marriages, civil unions, and domestic partnerships remains unresolved.

Congress has also invoked the Full Faith and Credit Clause to require federal and territorial courts to adhere to the same principles as state courts. This ensures uniformity in the application of laws and judgments across different court systems within the United States.

Privileges and Immunities Clause

Article IV of the US Constitution outlines the relationships between the states and aims to unify the states under a set of common principles. The Privileges and Immunities Clause, found in Article IV, Section 2, is a key component of this unification process.

The Clause states that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." In essence, it protects the fundamental rights of individual citizens by preventing states from discriminating against citizens from other states. This means that each state must treat out-of-state citizens as native citizens or residents, affording them the same privileges and immunities that their own citizens enjoy.

The specific rights protected by the Privileges and Immunities Clause have been the subject of debate due to its ambiguous nature. However, over the years, the Supreme Court has recognized and affirmed several rights protected by the Clause. For example, in Oyama v. California, the Court recognized the right to own property for American citizens. In Toomer v. Witsell, the Court affirmed the right to travel, the right to pursue a livelihood, and the right to assemble, among others.

The Clause's significance has evolved with the incorporation of the Bill of Rights and the Fourteenth Amendment, which protects the privileges and immunities of US citizens against state invasion. Despite this evolution, the Privileges and Immunities Clause remains an important safeguard against discrimination and a key component of the Constitution's framework for interstate relations.

The Clause has been interpreted by several Justices over the years, including Justice Bushrod Washington, who in 1823, outlined the scope of the rights protected, including the right to travel, the right to access courts, and the right to purchase and hold property. Justice Henry Baldwin's decision in Magill v. Brown also affirmed the Clause's intention to confer "general citizenship" and communicate the privileges and immunities of one state to the citizens of all other states.

Extradition (Interstate Rendition) Clause

Article IV of the US Constitution outlines the relationships between the states, including how they interact and how citizens of one state are treated in another. The Extradition (Interstate Rendition) Clause is a key part of this.

The Extradition Clause, also known as the Interstate Rendition Clause, applies to a person accused of a crime in one state who flees to another. It ensures that no state becomes a sanctuary for fugitives from justice and enables each state to bring offenders to trial swiftly in the state where the alleged crime was committed.

The Clause states that:

> 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.

The Clause is not self-executing, and the Constitution does not grant Congress the power to implement it. However, in 1793, the Second Congress passed a law, the Extradition Act, requiring the governor of each state to deliver up fugitives from justice found in their state upon lawful demand from another state. This Act is nearly unchanged from the analogous provision in the Articles of Confederation.

The Extradition Act has been tested in court, with the Supreme Court accepting it as constitutionally valid. An example of the Act in practice is the case of Ronald Calder, who was charged with murder in Puerto Rico, but fled to his home state of Iowa. The Governor of Puerto Rico requested Calder's extradition, and despite the Governor of Iowa initially refusing, the United States Court of Appeals ruled that Iowa was required to return Calder under the Extradition Act.

Explore related products

Unifying the Nation: Article IV of the United States Constitution

$99 $34.95

Article IV and Citizenship, Chapter 12: Good To Be King: U.S. Constitution Guide (Good To Be King: U.S Constitution Guide)

$0.99

The U.S. Constitution and Other Important American Documents (No Fear)

$7.43 $7.99

The Articles of the State Constitutions: An Index Guide: South (Region 4) Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, ... Tennessee, Texas, Virginia, and West Virginia

$16

The Constitution's Last Four Articles: From States Rights to Amendments (Constitution Explained!)

$11.5

The Constitution's Last Four Articles: From States Rights to Amendments (Constitution Explained!)

$28.27

Admission of new states

Article IV of the US Constitution outlines the roles and responsibilities of the states. One of the key provisions of this article pertains to the "Admission of New States". This section empowers Congress with the authority to admit new states into the Union. However, it also establishes certain restrictions and guidelines for the creation of new states.

Firstly, it stipulates that no new state shall be formed within the jurisdiction of an existing state without the consent of the latter's legislature and Congress. This provision ensures that the formation of a new state does not infringe upon the rights and authority of established states.

Secondly, the clause prohibits the formation of a new state by the junction or combination of two or more states, or parts of states, without the consent of the legislatures of the concerned states and Congress. This safeguard prevents the arbitrary consolidation or division of states without their explicit approval.

The Constitution also grants Congress the legislative power over any territory or property owned by the United States. This includes the authority to pass laws and regulations for their governance, as well as the right to dispose of any such territory or property. For instance, if the US wished to sell territory acquired through historical purchases, such as the Louisiana Purchase, to a foreign entity, they are empowered to do so.

The "Admission of New States" section within Article IV provides a framework for the expansion and alteration of state boundaries while respecting the sovereignty of existing states and ensuring legislative oversight through the involvement of Congress.

Republican form of government

Article IV of the United States Constitution addresses the roles and responsibilities of the states, including their relations with each other, also known as "horizontal federalism". This article is composed of four distinct sections, each of which describes various aspects of the states and their duties.

One of the key provisions of Article IV is the Republican Form of Government Clause, which guarantees that each state in the Union will have a republican form of government. This means that the states will have a representative form of government, where the people elect officials to represent them and make decisions on their behalf.

The Republican Form of Government Clause ensures that the states' governments are structured in a way that is consistent with the principles of republicanism, such as the rule of law, separation of powers, and protection of individual rights. It also implies that the states' governments will be accountable to the people and that the people will have a voice in how they are governed.

This clause is important because it establishes a basic framework for how the states' governments should operate and how they will relate to the federal government. It helps to ensure that the states' governments are representative of the people and that they function in a way that is consistent with the overall design of the Constitution.

Additionally, Article IV of the Constitution also includes provisions for how states interact with each other and the federal government. For example, it includes the Full Faith and Credit Clause, which requires states to respect and accept each other's public acts, records, and judicial proceedings. This helps to ensure that states recognize and honour the laws and decisions of other states, promoting unity and consistency across the nation.

Frequently asked questions