NationMaster - Encyclopedia: Article Four of the United States Constitution

Article Four of the United States Constitution relates to the states. It provides for the responsibilities states have to each other, and the responsibilities the federal government has to the states. Furthermore, it provides for the admission of new states and the changing of state boundaries. The United States Constitution is the supreme law of the United States of America. ...

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Section 1: Full faith and credit

See main article: Full Faith and Credit Clause The Full Faith and Credit Clause is part of Article Four, Section 1 of the United States Constitution. ...

The first Section of the Article requires states to give "full faith and credit" to the public acts, records and court proceedings of other states. Congress is permitted to regulate the manner in which proof of such acts, records or proceedings may be admitted. Full faith and credit is mutual understanding between courts of the 50 states of the United States to recognize, honor and enforce each others actions. ...

In Mills v. Druyee (1813), the United States Supreme Court ruled that the merits of the case, as determined by courts of one state, had to be recognized by the courts of other states. It was ruled, then, that state courts may not reopen cases whose merits have been conclusively determined by courts of other states. In a later case, Chief Justice John Marshall suggested that the judgment of one state court had to be recognized by other states' courts as final. Marshall's suggestion was not followed, however, when the Supreme Court decided McElmoyle v. Cohen in 1839. In that case, one party had obtained judgment in South Carolina and sought to enforce it in Georgia. Georgia law, however, had a statute of limitations that purported to bar actions on judgments if a certain amount of time had passed since they were rendered by the court. The court upheld Georgia's refusal to enforce the South Carolina judgment. It found that out-of-state judgments are subject to the laws and procedures of the states in which they are enforced, notwithstanding any priority accorded in the states in which they are pronounced. 1813 is a common year starting on Friday (link will take you to calendar). ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Under the laws of the United States, most disputes are properly taken to the courts of the state in which the dispute arose. ... The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth- or other countries with an Anglosaxon type of justice, such as the Supreme Court of the United States, the Supreme Court of Canada, the Supreme Court of New Zealand, the Supreme... John Marshall (September 24, 1755â€“July 6, 1835) was an American statesman and jurist who more than anyone shaped American constitutional law and made the Supreme Court a center of power. ... 1839 was a common year starting on Tuesday (see link for calendar). ... Official language(s) English Capital Charleston(1670-1789) Columbia(1790-present) Largest city Columbia Largest metro area Greenville-Spartanburg-Anderson Area Ranked 40th - Total 34,726 sq mi (82,965 kmÂ²) - Width 200 miles (320 km) - Length 260 miles (420 km) - % water 6 - Latitude 32Â°430N to 35...

Section 2: Obligations of states

Clause 1: Privileges and Immunities

See main article: Privileges and Immunities Clause The Privileges or Immunities Clause is a provision of the Fourteenth Amendment to the United States Constitution. ...

Clause One of Section Two requires interstate protection of "privileges and immunities". The ambiguousness of the clause has given rise to a number of different interpretations. Some contended that the clause requires Congress to equally treat all citizens. Others suggested that citizens of states carry forward the rights accorded by their home states when traveling in other states. Neither of these theories has been endorsed by the Supreme Court, which has instead held that the clause means that states may not discriminate against citizens of other states in favor of its own citizens. In Corfield v. Coryell (1823), the Supreme 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 the aforementioned Corfield v. Coryell, the Supreme Court sustained a New Jersey law giving state residents the exclusive right to gather clams and oysters. Corfield v. ... 1823 was a common year starting on Wednesday (see link for calendar). ... In common law countries, habeas corpus (/heÉªbiÉ™s kÉ”É¹pÉ™s/), Latin for you [should] have the body, is the name of a legal instrument or writ by means of which detainees can seek release from unlawful imprisonment. ... Official language(s) None, English de facto Capital Trenton Largest city Newark Area Ranked 47th - Total 8,729 sq mi (22,608 kmÂ²) - Width 70 miles (110 km) - Length 150 miles (240 km) - % water 14. ...

Clause 2: Extradition of fugitives

Clause Two requires that fugitives from Justice may be extradited on the demand of executive authorities the states from which they flee. The Supreme Court has held that it is not compulsory for the fugitive to have fled after an indictment was found but only that the fugitive have fled after having committed the crime. The Constitution provides for the extradition of fugitives who have committed "treason, felony or other crime." It has been held that such a phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and petty offenses. In the common law legal system, an indictment is a formal charge of having committed a serious criminal offence. ... Extradition is a formal process by which a criminal suspect held by one government is handed over to another government for trial or, if the suspect has already been tried and found guilty, to serve his or her sentence. ... A misdemeanors (or misdemeanour), in many common law legal systems, is a lesser criminal act. ...

In Kentucky v. Dennison (1861), the Supreme Court held that the federal courts may not, through the issue of writs of mandamus, compel state Governors to surrender fugitives. The decision was, however, overruled in 1987 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; he must do so in the courts of the state receiving him. It has, however, been determined that 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. 1861 is a common year starting on Tuesday. ... A writ of mandamus or simply mandamus, which means we order in Latin, is the name of one of the prerogative writs and is a court order directing someone to perform a specified act. ... 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ... Holding Federal Courts have the power to enforce extraditions based on the Extradition Clause. ...

Fugitives brought to states by means other than extradition may be tried, even though the means of the conveyance was unlawful, as the Supreme Court ruled in Mahon v. Justice (1888). In that case, a body of armed men from Kentucky forcibly took, without a warrant, a man in West Virginia to bring him back to the former state for formal arrest and trial. 1888 (MDCCCLXXXVIII) is a leap year starting on Sunday (click on link for calendar) of the Gregorian calendar or a leap year starting on Tuesday of the Julian calendar. ... Official language(s) English (de facto) Capital Frankfort Largest city Louisville Area Ranked 37th - Total 40,444 sq mi (104,749 kmÂ²) - Width 140 miles (225 km) - Length 379 miles (610 km) - % water 1. ... Official language(s) English Capital Charleston Largest city Charleston Area Ranked 41st - Total 24,244 sq mi (62,809 kmÂ²) - Width 130 miles (210 km) - Length 240 miles (385 km) - % water 0. ...

Clause 3: Extradition of slaves

Formerly, fugitive slaves (elliptically referred to as "person[s] held to service or labour") were also required to be extradited upon the claims of their masters. The clause became moot when the Thirteenth Amendment abolished slavery. Amendment XIII (the Thirteenth Amendment) of the United States Constitution abolished slavery and, with the exception of allowing punishments for crimes, prohibits involuntary servitude. ... To meet Wikipedias quality standards, this article or section may require cleanup. ...

Section 3: New states and federal property

Clause 1: New states

Congress is empowered by Section Three to admit new states to the Union. No state, however, may be formed within the jurisdiction of another, or by the joining of different states or parts of different states, without the consent of all state legislatures concerned. The Constitution does not require that states be admitted on an "equal footing" with the original states. In fact, the Constitutional Convention rejected a proposal requiring the equality of the new states. Congress nevertheless included an equality clause in the acts of admission of states. 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, "Alabama is, therefore, entitled to the sovereignty and jurisdiction over all the territory within her limits ... to maintain any other doctrine, is to deny that Alabama has been admitted into the union on an equal footing with the original states ... to Alabama belong the navigable waters and soils under them." The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. Prior to admission to the Union, Texas, an independent nation, controlled water within three miles of the coast, the normal limit for nations. Under the equal footing doctrine, however, Texas was found not to have control over the three-mile belt after admission the Union, since the original states did not at the time of joining the union control such waters. Instead, Texas was found to have surrendered, by entering the Union, 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 Philadelphia Conventionâ€”also known as the Constitutional Conventionâ€”took place in May through September, 1787, to address problems in the government of the United States of America following independence from Britain. ... Official language(s) English Capital Montgomery Largest city Birmingham Area Ranked 30th - Total 52,419 sq mi (135,765 kmÂ²) - Width 190 miles (306 km) - Length 330 miles (531 km) - % water 3. ... Official language(s) See: Languages of Texas Capital Austin Largest city Houston Area Ranked 2nd - Total 268,581 sq mi (695,622 kmÂ²) - Width 773 miles (1,244 km) - Length 790 miles (1,270 km) - % water 2. ...

West Virginia formed a new state in 1863 and acquired Berkeley and Jefferson counties. The government of the state of Virginia was disputed, but in 1871 the Supreme Court decided in favor of West Virginia. Official language(s) English Capital Charleston Largest city Charleston Area Ranked 41st - Total 24,244 sq mi (62,809 kmÂ²) - Width 130 miles (210 km) - Length 240 miles (385 km) - % water 0. ... 1863 (MDCCCLXIII) is a common year starting on Thursday of the Gregorian calendar (or a common year starting on Saturday of the Julian calendar). ...

The question of leaving the Union is not addressed by the Constitution. In Texas v. White (1869), however, the Supreme Court ruled that states could not unilaterally secede from the Union. The Court suggested that the Constitution ordained the "perpetuity and indissolubility of the Union." Even though a majority of the citizens of Texas voted to secede in a referendum, the secession ordinance passed by the state legislature during the Civil War was held void. Texas v. ... 1869 (MDCCCLXIX) is a common year starting on Friday (link will take you to calendar) of the Gregorian calendar or a common year starting on Sunday of the 12-day-slower Julian calendar. ...

Clause 2: Federal property and the Territorial Clause

Section Three also permits Congress to dispose of and legislate for all territories and properties belonging to the United States. Pursuant to a parallel clause in Article One, Section Eight, such authority is "exclusive": for example, the Supreme Court has held that states may not tax such federal property.

Section 4: Obligations of the United States

Clause 1: Republican government

This clause, sometimes referred to as the Guarantee Clause, while somewhat obscure today, has historically been a part of the debate about the rights of citizens vis-a-vis state governments. No explanation is offered in the Constitution as to what constitutes a republican government; it may have been intended to mean nothing more than that no state could erect a monarchy (a threat that might have seemed more realistic in 1787 than it does today). In a broad definition, a republic is a state or country that is led by people whose political power is based on principles that are not beyond the control of the people of that state or country. ... Places where monarchies maintain rule appear in blue. ...

A crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. At the time, the state constitution was the old royal charter established in the 17th century, under which most free white males in the state were disenfranchised; an attempt to hold a popular convention to write a new constitution was declared insurrection by the charter government, and the convention leaders were arrested. One of them brought suit in federal courts, arguing that Rhode Island's government was not "republican" in character, and that his arrest (along with all of the government's other acts) were invalid. In Luther v. Borden, 48 U.S. 1 (1849), the Court rejected the notion that the "republican-ness" of states lay within the purview of judicial review, holding that "it rests with Congress to decide what government is the established one in a State ... as well as its republican character." In effect, it held the clause to be non-justiciable. Official language(s) None Capital Providence Largest city Providence Area Ranked 50th - Total 1,214* sq mi (3,144* kmÂ²) - Width 37 miles (60 km) - Length 48 miles (77 km) - % water 32. ... The Dorr Rebellion was a short-lived armed insurrection in Rhode Island in 1841 and 1842, led by Thomas Wilson Dorr who was agitating for changes to the states electoral system. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... In Luther v. ... Justiciability is a term used in civil procedure to describe whether a dispute is capable of being settled by a court of law. ...

The ruling did leave it open to Congress to establish guidelines for the republican nature of state governments, however, which became an important part of the initial phases of Reconstruction after the American Civil War. The Radical Republican-led Congress viewed this clause as a tool to shape the governments of the reconquered southern states: they argued that any state that did not offer equality before the law and suffrage for former slaves could not be considered truly "republican," and thus could be denied Congressional representation. ^[1] With the passage of the Fourteenth and Fifteenth Amendments, the power of the federal government to safeguard these rights was explicitly added to the Constitution, and this interpretation of Section Four became moot. Indeed, when the Supreme Court revisited some of the territory covered by Luther v. Borden in cases like Baker v. Carr, the Fourteenth Amendment's equal protection clause was the basis of its changed decisions. // Reconstruction was a period in United States history, 1862â€“1877, that resolved the issues of the American Civil War when both the Confederacy and its system of slavery were destroyed. ... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert Edward Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... To meet Wikipedias quality standards, this article or section may require cleanup. ... The Fourteenth Amendment to the United States Constitution is one of the post-Civil War amendments and it includes the Due Process and Equal Protection Clauses. ... Contemporary drawing depicting the first vote by African Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution grants voting rights regardless of race. ... Holding The reapportionment of state legislative districts is not a political question, and is justiciable by the federal courts. ... The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall . ...

Clause 2: Protection from violence

Section Four also requires the United States to protect each state from invasion, and, upon the application of the state legislature (or executive, if the legislature cannot be convened), from domestic violence. This provision supplied the basis for President Grover Cleveland's controversial dispatch of Federal troops during the Pullman Strike. Pursuant to the clause, Congress has authorized the President through the Insurrection Act to call up the state militia to suppress insurrections and repel invasions. Stephen Grover Cleveland (March 18, 1837 â€“ June 24, 1908) was the 22nd (1885â€“1889) and 24th (1893â€“1897) President of the United States, and the only President to serve two non-consecutive terms. ... Pullman Strike began on May 11, 1894. ... The Insurrection Act is the set of laws that govern the US Presidents ability to deploy troops within the United States to put down lawlessness, insurrection and rebellion. ... Seal of the National Guard Bureau Seal of the Army National Guard Seal of the Air National Guard Seal of the National Guard Missile Defense The United States National Guard is a component of the United States Army (the Army National Guard) and the United States Air Force (the Air... Insurrection could refer to: * in a general sense, it means Rebellion * it is also a title of a Star Trek film, see Star Trek: Insurrection ...

Notes and references

Eric Foner (born February 7, 1943 in New York City) is an American historian. ...

External links

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Contents

Section 1: Full faith and credit GA_googleFillSlot("encyclopedia_square");