Article Four of the United States Constitution
Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands.
The Full Faith and Credit Clause requires states to extend "full faith and credit" to the public acts, records, and court proceedings of other states. The Supreme Court has held that this clause prevents states from reopening cases that have been conclusively decided by the courts of another state. The Privileges and Immunities Clause requires interstate protection of "privileges and immunities," preventing each state from treating citizens of other states in a discriminatory manner. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee. Since the 1987 case of Puerto Rico v. Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. The Fugitive Slave Clause requires the return of fugitive slaves; this clause was rendered moot by the Thirteenth Amendment, which abolished involuntary servitude, except in the prison system.
The Admissions Clause grants Congress the authority to admit new states but forbids the creation of new states from parts of existing states without the consent of the affected states. While the Admissions Clause does not expressly include the requirement that all states to be admitted on an equal footing, the Supreme Court has held that it is a constitutional requirement. The Property Clause grants Congress the power to make laws for the territories and other federal lands. The Guarantee Clause mandates that the United States guarantee that all states have a "republican form of government," though it does not define this term. Article Four also requires the United States to protect each state from invasion, and, at the request of a state, from "domestic violence."
Section 1: Full faith and credit
The first section requires states to extend "full faith and credit" to the public acts, records, and court proceedings of other states. Congress may regulate the manner in which proof of such acts, records, or proceedings may be admitted.In Mills v. Duryee, 1t1 U.S. , the United States Supreme Court ruled that the merits of a case, as settled by courts of one state, must be recognized by the courts of other states; state courts may not reopen cases which have been conclusively decided by the courts of another state. Later, Chief Justice John Marshall suggested that the judgment of one state court must be recognized by other states' courts as final. In McElmoyle v. Cohen,, the court heard a case where one party obtained a judgment in South Carolina and sought to enforce it in Georgia, which had a statute of limitations that barred actions on judgments after a certain amount of time had passed since the judgment was entered. The court upheld Georgia's refusal to enforce the South Carolina judgment. The court found that out-of-state judgments are subject to the procedural law of the states where they are enforced, notwithstanding any priority accorded in the states in which they are issued.
Section 2: Rights of state citizens; rights of extradition
Clause 1: Privileges and Immunities
Clause One of Section 2 requires interstate protection of "privileges and immunities". The seeming ambiguity of the clause has given rise to a number of different interpretations. Some contend that the clause requires Congress to treat all citizens equally. Others suggest that citizens of states carry the rights accorded by their home states while traveling in other states.Neither of these theories has been endorsed by the Supreme Court, which has held that the clause means that a state may not discriminate against citizens of other states in favor of its own citizens. In Corfield v. Coryell, 6 F. Cas. 546, the federal circuit court held that privileges and immunities in respect of which discrimination is barred include
protection by the Government; the enjoyment of life and liberty... the right of a citizen of one State to pass through, or to reside in any other State, for purposes of trade, agriculture, professional pursuits, or otherwise; to claim the benefits of the writ of habeas corpus; to institute and maintain actions of any kind in the courts of the State; to take, hold and dispose of property, either real or personal; and an exemption from higher taxes or impositions than are paid by the other citizens of the State.
Most other benefits were held not to be protected privileges and immunities. In Corfield, the circuit court sustained a New Jersey law giving state residents the exclusive right to gather clams and oysters.
Clause 2: Extradition of fugitives
Clause Two requires that fugitives from justice may be extradited on the demand of executive authority of the state from which they fled. The Supreme Court has held that it is not compulsory for the fugitive to have fled after an indictment was issued, but only that the fugitive fled after having committed the crime. The Constitution provides for the extradition of fugitives who have committed "treason, felony or other crime." That phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and small, or petty, offenses.In Kentucky v. Dennison, the Supreme Court held that the federal courts may not compel state governors to surrender fugitives through the issue of writs of mandamus. The Dennison decision was overruled by Puerto Rico v. Branstad ; now, the federal courts may require the extradition of fugitives. Alleged fugitives generally may not challenge extradition proceedings.
The motives of the governor demanding the extradition may not be questioned. The accused cannot defend himself against the charges in the extraditing state; the fugitive must do so in the state receiving him. However, the accused may prevent extradition by offering clear evidence that he was not in the state he allegedly fled from at the time of the crime. There is no constitutional requirement that extradited fugitives be tried only for the crimes named in the extradition proceedings.
Fugitives brought to states by means other than extradition may be tried, even though the means of the conveyance was unlawful; the Supreme Court so ruled in Mahon v. Justice,. In Mahon a body of armed men from Kentucky forcibly took, without a warrant, a man in West Virginia to bring him back to Kentucky for formal arrest and trial.
Clause 3: Fugitive Slave Clause
and Charles Pinckney, both from South Carolina, submitted this clause to the Constitutional Convention. James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense. Butler withdrew the clause. The next day the clause was reinstated and adopted by the Convention without objection. This clause was added to the clause that provided extradition for fugitives from justice.When first adopted, this clause applied to fugitive slaves and required that they be extradited upon the claims of their masters, but it provided no means for doing so. The Fugitive Slave Act of 1793 created the mechanism for recovering a fugitive slave, overruled any state laws giving sanctuary, made it a federal crime to assist an escaped slave, and allowed slave-catchers into every U.S. state and territory. As free states sought to undermine the federal law, the even more severe Fugitive Slave Act of 1850 was enacted.
In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. The vote in the House was 69 for repeal and 38 against, which was short of the two-to-one vote required to amend the Constitution. This clause was rendered mostly moot when the Thirteenth Amendment abolished involuntary servitude.
Section 3: New states and federal property
Clause 1: Admission of new states
The First Clause of Section Three, also known as the Admissions Clause, grants to Congress the authority to admit new states into the Union. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. It also forbids the creation of new states from parts of existing states without the consent of the affected states legislature and Congress. This latter provision was designed to give Eastern states that still had claims to Western lands to have a veto over whether their western counties could become states. It would later be applied with regard to the formation of Maine and West Virginia.At the 1787 Constitutional Convention, a proposal to include the phrase, "new States shall be admitted on the same terms with the original States", was defeated. It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. Once the new Constitution went into effect, however, Congress admitted Vermont and Kentucky on equal terms and thereafter formalized the condition in its acts of admission for subsequent states, declaring that the new state enters "on an equal footing with the original States in all respects whatever." Thus the Congress, utilizing the discretion allowed by the framers, adopted a policy of equal status for all newly admitted states. With the growth of states' rights advocacy during the antebellum period, the Supreme Court ruled, in Lessee of Pollard v. Hagan, that the Constitution mandated admission of new states on the basis of equality.
Congressional restrictions on the equality of states, even when those limitations have been found in the acts of admission, have been held void by the Supreme Court. For instance the Supreme Court struck down a provision which limited the jurisdiction of the state of Alabama over navigable waters within the state. The Court held, The doctrine can also be applied to the detriment of states, as occurred with Texas. Before admission to the Union, Texas, as an independent nation, controlled water within three miles of the coast, the normal limit for nations. Under the equal footing doctrine, Texas was found not to have control over the three-mile belt after admission into the Union, because the original states did not at the time of joining the union control such waters. Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. Under the Submerged Lands Act of 1953, Congress returned maritime territory to some states, but not to others; the Act was sustained by the Supreme Court.
The constitution does not state whether a state may unilaterally leave, or secede from, the Union. However, the Supreme Court, in Texas v. White, held that a state cannot unilaterally do so.