Interstate Interstate RelationsRelations

Chapter 4Chapter 4

Section 3Section 3

Interstate Compacts Interstate Compacts

States can with consent of congress States can with consent of congress enter into interstate compacts.enter into interstate compacts.

1. Agreements among States1. Agreements among States 2. Cooperation in areas such as law 2. Cooperation in areas such as law

enforcement and resource enforcement and resource conservationconservation

Full Faith and CreditFull Faith and Credit

1. States respect validity of public 1. States respect validity of public acts, records, juvenile proceedings acts, records, juvenile proceedings of other Statesof other States

2. Applies only to Civil, not Criminal 2. Applies only to Civil, not Criminal mattersmatters

3. Divorce recognized only if granted 3. Divorce recognized only if granted by the state where the person is a by the state where the person is a legal residentlegal resident

Article IV, Section 1Article IV, Section 1

Full Faith and CreditFull Faith and Credit Public acts refers to the laws of the Public acts refers to the laws of the

statestate Records refers to documents such as Records refers to documents such as

Birth Certificates, marriage licenses, Birth Certificates, marriage licenses, deeds to property, car registrationdeeds to property, car registration

Judicial proceedings- relate to outcome Judicial proceedings- relate to outcome of court actions: damage awards, the of court actions: damage awards, the probating of wills, divorce decreesprobating of wills, divorce decrees

Comes into play with court mattersComes into play with court matters If sued in one State and you move the If sued in one State and you move the

next State will make you pay.next State will make you pay. Validity of Birth Certificate is Validity of Birth Certificate is

recognized in all 50 statesrecognized in all 50 states Applies to civil and not criminal Applies to civil and not criminal

mattersmatters 22ndnd exception- key question was the exception- key question was the

person who obtained the divorce a person who obtained the divorce a resident of the state who granted it?resident of the state who granted it?

Marriage and DivorceMarriage and Divorce

1945 Williams v. North Carolina1945 Williams v. North Carolina Man and women travel to Las VegasMan and women travel to Las Vegas Live there for 6 weeks (minimum for Live there for 6 weeks (minimum for

residence)residence) Couple granted divorce and marry next Couple granted divorce and marry next

dayday N.C. did not recognize the divorce and N.C. did not recognize the divorce and

arrested them for Bigamyarrested them for Bigamy Bona fide residence is where you intend Bona fide residence is where you intend

to liveto live

Prohibition on same sex unionsProhibition on same sex unions Defense of Marriage Act (DOMA)Defense of Marriage Act (DOMA)

Marriage is between a man and a Marriage is between a man and a womanwoman

Other States do not give full faith for Other States do not give full faith for same sex unionssame sex unions

ExtraditionExtradition

1. Fugitive from one State can be 1. Fugitive from one State can be returned by another.returned by another.

2. Federal courts can compel 2. Federal courts can compel unwilling governor to extradite.unwilling governor to extradite. Constitution makes provisions for those Constitution makes provisions for those

who flee to another State to avoid who flee to another State to avoid punishmentpunishment

Extradition refers to the legal process by Extradition refers to the legal process by which a fugitive from justice in one State which a fugitive from justice in one State can be returned to anothercan be returned to another

Governors usually honors requestGovernors usually honors request Until 1980 governors could refuseUntil 1980 governors could refuse 1861 Kentucky v. Dennison states 1861 Kentucky v. Dennison states

that the Fed can compelthat the Fed can compel

Privileges and Privileges and Immunities ClauseImmunities Clause

1.Means that no State can draw 1.Means that no State can draw unreasonable distinction between its own unreasonable distinction between its own residents and those persons of another Stateresidents and those persons of another State

2. Any citizen can travel or become a 2. Any citizen can travel or become a residentresident

3. Can require a certain amount of time to 3. Can require a certain amount of time to be able to vote or hold officebe able to vote or hold office

4. Can require higher fees for non-residents4. Can require higher fees for non-residents Out of state tuition higher then in stateOut of state tuition higher then in state

Cite two Interstate compactsCite two Interstate compacts

The compact of supervision of The compact of supervision of Parolees, Probationers and the Parolees, Probationers and the compact on Juvenilescompact on Juveniles

What do these compacts serve?What do these compacts serve?

These compacts allow states to These compacts allow states to share law enforcementshare law enforcement

Cite two examples of records a State Cite two examples of records a State must recognize under the Full Faith must recognize under the Full Faith and Credit Clause.and Credit Clause.

Marriage license and divorcesMarriage license and divorces

What are two exceptions to that What are two exceptions to that recognition?recognition?

The clause only applies to civil The clause only applies to civil matters and not criminal acts.matters and not criminal acts.

States only recognize divorce if they States only recognize divorce if they are residents of the State. are residents of the State.

If a person commits a felony in one If a person commits a felony in one state and flees to another why state and flees to another why might they face extradition?might they face extradition?

The Full Faith and Credit Clause The Full Faith and Credit Clause requires extradition to prevent requires extradition to prevent people from escaping justice.people from escaping justice. Does not require a State to enforce Does not require a State to enforce

another States law.another States law.

How does the privileges and How does the privileges and Immunities Clause protect the legal Immunities Clause protect the legal rights of U.S. citizens?rights of U.S. citizens?

This clause prevents States from This clause prevents States from treating residents of another State treating residents of another State unequally.unequally.

Give three examples of rights that Give three examples of rights that may not be covered under this may not be covered under this clause.clause.

The right to marryThe right to marry Right to own propertyRight to own property Right to make a contractRight to make a contract