chapter 4: federalism section 3 · chapter 4: federalism section 3. chapter 4, section 3 copyright...

Chapter 4: FederalismSection 3

Copyright © Pearson Education, Inc. Slide 2Chapter 4, Section 3

Objectives

1. Explain why States make interstatecompacts.

2. Understand the purpose of the Full Faithand Credit Clause.

3. Describe the Extradition Clause andexplain its purpose.

4. Explain the purpose of the Privileges andImmunities Clause.


Key Terms

• interstate compact: an agreement madebetween two States or between a Stateand a foreign government

• Full Faith and Credit Clause: the clauseof the Constitution that says that eachState will respect the laws, records, andcourt decisions of other States


Key Terms, cont.

• extradition: the legal process of returninga fugitive to a State

• Privileges and Immunities Clause: theclause in the Constitution that says that noState can make unreasonable distinctionsbetween its own residents and thosepersons who live in another State


Introduction

• How do the States work together to preserve theUnion?

– State governments make interstate compacts.

– States offer full faith and credit to the laws, officialrecords, and court rulings of other States.

– States extradite fugitives to other States.

– States respect the privileges and immunities ofresidents of other States.


Interstate Compacts

• States can enter agreements with other Statesand with foreign governments with the consentof Congress.

– The number of these agreements has increased overtime.

– There are interstate agreements to share lawenforcement data, counter global climate change,encourage cooperation between public universities,and coordinate the conservation of water and wildlife.


Interstate Compacts, cont.

• States also cooperateto manage sharedresources and borderareas.

– The States of Utah,Arizona, Colorado,and New Mexico meetat the “Four Corners.”


Full Faith and Credit

• The Full Faith andCredit Clause of theConstitution requireseach State to honorand enforce the laws,official documents, andcourt rulings of otherStates.– Documents issued in

one State—such as birthcertificates—must beaccepted in all States.

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Exceptions

• There are two key exceptions to the FullFaith and Credit Clause:

– It applies only to the civil laws of each State, notthe criminal laws.

– If a person who does not live in a State is granteda divorce by that State, the State in which thatperson actually resides can refuse to recognizethe divorce.


Marriage and Divorce

• Only the State in which a couple has establishedresidency can grant them a divorce.

• Same-sex marriages are outlawed by the federalgovernment and 41 States.

– However, several States allow legal same-sexmarriages or civil unions.

– The Defense of Marriage Act (DOMA) says that noState can be forced to recognize a same-sexmarriage performed in another State.


Marriage and Divorce

• The constitutionality of DOMA has not yet beendecided.

• Interracial marriagewas illegal in manyStates until theSupreme Courtruled in 1958that suchlaws wereunconstitutional.

NOTE TO TEACHERS: The above image shows Richard and Mildred Loving.The couple married in Washington D.C. in 1958, but were arrested in Virginia,their home state, where interracial marriage was illegal. The case went to theSupreme Court, which declared the Virginia law unconstitutional.

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Extradition

• The Constitution states that people chargedwith a crime in one State who flee to anotherState must be extradited—returned to theState where they were originally charged.

– Typically a State governor asks another Stategovernor to return any captured fugitives. Suchrequests are usually upheld.

– If extradition is challenged, the federalgovernment can order a governor to extradite afugitive.


Privileges and Immunities

• No State can make unreasonabledistinctions between its residents andresidents of another State.

– Each State must recognize the right of anyAmerican to travel in or become a resident ofthat State.

– Citizens can also marry, buy, own, rent, or sellproperty, and use the courts in any State, nomatter where they live.


Privileges and Immunities, cont.

• States can make reasonable distinctionsbetween their residents and those of otherStates.

– People can be required to live in a State for certainperiod of time before they can vote, hold public office,or be licensed in certain professions.

– States can also charge higher fees to out-of-Statehunters, fishers, or students attending a State’s publicuniversities.


Privileges and Immunities, cont.

• Checkpoint: Why might a State be restrictedfrom making distinctions between its residentsand those of another State?

– This could lead to unfair social or economic treatmentof U.S. citizens, such as preferential hiring of in-Stateresidents or lower welfare benefits for newly arrivedresidents.

– It could also cause conflict between States.

Checkpoint Answer: It could lead to prejudiced treatment of people from otherstates or recent residents who come from other states, which would lead toconflict and would violate the 14th Amendment Equal Protection Clause.

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Review

• Now that you have learned about how theStates work together to preserve theUnion, go back and answer the ChapterEssential Question.– Is the federal system the best way to govern

the United States?