Article IV: Interstate Relations

FederalismArticle IV:Interstate RelationsWhy are Interstate Relations Important? Can you think of examples?

What if Ohioans were not allowed to travel into Indiana? Or needed a passport to do so?

What if your Ohio drivers license was not valid when you drove in Kentucky?

Key provisions in the Constitution deal with issues such as these

Article IV governsthis crucial relationshipbetween the states(3 examples)Interstate RelationsInterstate Relations Full Faith and Credit Clause

Privileges and Immunities Clause

Extradition

Interstate Compacts NOT in Article IV, but are crucial when discussing Interstate Relations

Full Faith and Credit ClauseFull Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State

First of all, lets break this downPublic Acts the laws of a state (civil NOT criminal)

Records documents such as birth certificates, marital status, property deeds, car registrations, etc

Judicial Proceedings court rulings; damage awards, proving of wills, divorce decrees, etc

* Requires states to respect one anothers civil laws, records, and court rulings It allows Congress to establish standards to validate such official acts

5*Main idea: each states laws, legal documents and court rulings will be recognized as valid in all of the 50 states!!! Lets look at some examples

Karl Malone and his obscenity lawsuit in Utah

Charles was adopted in Arizona, but his family moved

Kim and Kris got a divorce in California, soLittle baby Charles was adopted by the Jones family in Arizona, his new family moved to Ohio is he still adopted of course?

Kim and Kris got a divorce in California, so guess what? They are divorced in Ohio, too.

Karl Malone was sued for obscenity by his next door neighbor in Utah. He moved to Illinois to try and escape his lawsuit. Sorry, Karl, so can do. 8

Probably the most controversial issue 1993: Hawaiian Supreme Court

1996: Congress and DOMA

1998: Hawaii voters, state constitution

2000: Vermont! 1993- Hawaii Supreme Court held that a restriction on homosexual marriage could violate the states constitution dealing with equal protection

* 1996- In response, Congress passed DOMA, which defined marriage under Federal Law as a contract between a man and a woman and allowed states to refuse same sex marriages from other states

1998- Hawaii voters amended their state constitution to allow legislators to prohibit same sex marriages

2000- Vermont became the first state to pass a law that allowed civil unions for same sex partners (basically the same as marriage) 9Privileges and Immunities ClauseThe Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States

Prohibits states from discriminating against citizens of other states without justification

Lets look at some examples

The Supreme Court and the Alaskan Oil PipelineSupreme Court ruled that Alaska could not limit jobs on its oil pipeline to residents of its states (1970s)

Discrimination of residents of another states!14

College tuition at a State school In State vs. Out-of-State State schools are allowed to charge higher tuition to out of state students, because local citizens have paid taxes to support public universities 15

College tuition at a Private school Private schools can charge whatever they want, to whoever they want! And they do!16

Hunting licenses, state by stateStates can charge higher hunting and licensing fees to out of state hunters, because local residents have paid taxes to support local wildlife hatcheries, etc 18ExtraditionA 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... (Extradition)

The legal process by which a fugitive from justice in one state is returned to that state

19*If you commit a crime in one state, you WILL be returned to it if you flee1861 SCOTUS rulingvs. 1987 SCOTUS ruling1861- SCOTUS ruled that governors do not have to comply with extradition requests

1987- SCOTUS ruled that governors do have to comply with extradition requests 20Interstate CompactsInterstate Compact: agreement between two or more statesArticle I, Sec. 10: provides that "no state shall enter into an agreement or compact with another state" without the consent of Congress.

Important way for states to cooperate in policy making

Lets look at some examples

* The Interstate Driver's License Compact is an agreement between 45 member states (plus D.C.) to exchange information regarding traffic violations with each of the member states.

* Driver's License Compact: says that an individual has only one driver's license record or driving record.

* EX) If you are arrested for DUI in the state of Colorado, but you live in Arizona, the state of Colorado will inform the state of Arizona of the DUI offense and Arizona will treat the DUI arrest as if it happened in the state of Arizona 23* The Port Authority of New York and New Jersey is a port district, established in 1921 through an interstate compact

* The Port Authority runs most of the transportation infrastructure in the area

* Operates:* Hudson River crossings * Bridge crossings connecting New Jersey with Manhattan,and crossings that connect New Jersey with Staten Island * Port Authority Bus Terminal * PATH rail system * LaGuardia, JFK, Newark Liberty International Airport,Teterboro Airport and Stewart International Airport.