CHAPTER 4
FEDERALISM
Section 3
Interstate Relations
INTERSTATE RELATIONS
Objectives:
* Explain why States make interstate compacts.
* Understand the purpose of the Full Faith and
Credit Clause
* Define extradition and explain its purpose
* Discuss the purpose of the Privileges and
Immunities Clause
INTERSTATE RELATIONS
Conflicts among the States was a major reason for
the adoption of the US Constitution in 1789.
The fact that the new document strengthened the
hand of the National Government lessened many
of those frictions.
INTERSTATE COMPACTS
“no State shall, without the consent of Congress,
enter into any agreement or compact with another
state.”
INTERSTATE RELATIONS
Interstate Compacts
* No State can enter into any treaty, alliance, or
confederation.
* The States may, with the consent of Congress,
enter into interstate compacts –
agreements among themselves and with
foreign states.
* By 1920, the States had made 26 compacts
* We now have some 200 compacts in place
1. List benefits and problems to allowing States
make interstate compacts with each other.
INTERSTATE RELATIONS
* All 50 States have joined two of them
1) The Compact for the Supervision of
Parolees and Probationers
2) The Compact on Juveniles
* These two compacts enable States to share
important law-enforcement data
FULL FAITH AND CREDIT
“Full faith and credit shall be given in each
State to the public Acts, records and Judicial
proceedings of other States.”
2. What is the meaning of this clause?
3. What do you think full faith and credit
means in this clause of the Constitution?
INTERSTATE RELATIONS
Full Faith and Credit – * The term public acts
refers to the laws of a State
* Records refers to such documents as birth
certificates, marriage licenses, and etc
* The judicial proceedings relates to the outcome
of court actions, damage awards, the
probating (proving of wills), divorce decrees,
and etc
INTERSTATE RELATIONS
Full Faith and Credit Clause
- Most often comes into play in court matters
- If you are sued and lose, you cannot escape
paying the money by moving to a different
state
- The other States have full faith and credit to
recognize and respect the validity of the
judgment in another State
- Other States recognize all birth certificates,
marriage licenses, and etc
INTERSTATE RELATIONS
Exceptions
* There are two exceptions to the Full Faith and
Credit Clause
1) It applies only to civil, not criminal,
matters
+ One State cannot enforce the
other States criminal laws
2) Full Faith & Credit need not be
given to certain divorces
granted by one State to
residents of another State
4. Why would the clause only apply to civil
cases and not criminal cases?
INTERSTATE RELATIONS
Williams v. North Carolina - 1945
> The matter of a “quickie” divorces has been
troublesome for years
> A man and woman had traveled to Nevada,
where each wanted to obtain a divorce so
they could marry each other.
> They lived in Las Vegas for 6 months
(minimum period of State’s residence
required by Nevada Law)
> The couple received their divorces, were
married, and returned to North Carolina
> N.C. refused to recognize their divorce &
marriage
INTERSTATE RELATIONS
> Both were charged with bigamous cohabitation
(marrying and living together while a
previous marriage is still legally in effect)
> Were convicted of the crime
> On the appeal, Supreme Court upheld North
Carolina’s denial of full faith & credit.
> It ruled that the couple had not in fact
established a bona fid – good faith, valid –
resident in Nevada.
> The couple had remained legal residents of
North Carolina the whole time.
EXTRADITION
“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.”
5. Who is the Authority of the State?
INTERSTATE RELATIONS
Extradition
* Extradition – legal process by which a fugitive
from justice in one State is returned to that
State
* This is designed to prevent a person from
escaping justice by fleeing a State
* Governors usually approve (grant) the
extradition by a State
* Some are contested – not many though
* May be contested if racial or political overtones
are present
* Also in cases of kidnapping of children involved
in a custody battle
INTERSTATE RELATIONS
* Kentucky v. Dennison – 1861
> Supreme Court held that the Constitution
does not give Federal Government any
power with which to compel a
governor to act in an extradition case.
> 1987 Puerto Rico v. Branstad reversed that
ruling
PRIVILEGES AND IMMUNITIES
“The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the
several States.”
PRIVILEGES AND IMMUNITIES
Privileges and Immunities
* This clause means that no State can draw
unreasonable distinctions between its own
residents and those persons who happen to
live in other States.
* Each State must recognize the right of any
American to travel in or become a resident of
that State.
INTERSTATE RELATIONS
* It must also allow any citizen, no mater where
he or she lives, to use its courts and make
contracts, buy, sell, own, rent, and marry
within its borders.
* At the same time, a State cannot do such things
as try to relieve its unemployment problems
by requiring employers to give a hiring
preference to in-State residents.
> Hicklin v. Orbeck – 1978
* Saens v. Roe - 1999 -> States cannot set the
welfare benefits it pays to newly arrived
residents at a level below its long-term residents
6. Can you name exceptions to the rule?
INTERSTATE RELATIONS
* However, a State can require that a person live
within the State for some time before he or she
can vote or hold public office.
* It also can require some period of residence
before one can be licensed to practice law,
medicine, dentistry, and so on.
* State Universities can charge higher fees to
out-of-state residents. The in-state students
pay taxes that go to the State Universities.