Chapter 4 Section 3 : Interstate Relations

1. Chapter 4 Section 3: Interstate Relations

2. How do the States work together to preserve the Union? Interstate Compacts According to the Constitution, no State can enter into any treaty, alliance, or confederation. However, States can enter into interstate compacts (agreements among themselves & with foreign states) if they receive permission from Congress. By the year 1920, States have made exactly 36 of these agreements. Since then, the number has grown steadily. New York & New Jersey led the way in 1921 with a pact creating what is now the Port Authority of New York & New Jersey to manage the harbor facilities bordering both States. More than 200 compacts are now in force, & many involve several States. In fact, all 50 States have joined in two of them: The Compact for the Supervision of Parolees & Probationers The Compact on Juveniles These compacts allow States to share law-enforcement data.

3. Additional interstate compacts that all 50 States belong to: *Pacts that coordinate the development & conservation of water, oil, wildlife, & fish. *Pacts to counter the effects of global climate change. *Pacts to encourage the cooperative use of public universities. Full Faith & Credit In Article IV, Section 1, the Constitution states that “Full Faith & Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” This means that records such as birth certificates, marriage licenses, deeds to property, car registrations, and the outcome of court actions will be shared among the States.

4. The Full Faith & Credit Clause most often comes into play in court matters. Example: If Allen sues Bill in the State of Florida and the Florida court awards Allen $50,000 in damages, Bill cannot escape payment by moving to another State. Exceptions to the Full Faith & Credit Clause There are two notable exceptions to this rule: It only applies to civil, not criminal matters. One State cannot enforce another State’s criminal law. In matters of divorce a State does not have to recognize divorce proceeding that occurred in a State where the person is not a legal resident.

5. Exceptions Continued: Williams V. North Carolina (1945) In this case, a man & woman traveled to Nevada, where each wanted to obtain a divorce so they could marry one another. They lived in Las Vegas for six weeks (minimum period for State residence required by Nevada’s divorce law.) The couple were granted their divorces, were married, and returned to North Carolina the next day. The Supreme court ruled that the couple had not in fact established bona fide residence in Nevada, and therefore the State of Nevada lacked the authority to grant the divorce. Current Controversy If a same-sex couple, legally married to one another in one State, moves to a State where those unions are outlawed, does the Faull Faith & Credit Clause require the second State to recognize the validity of that couple’s marriage??? This question has not yet been answered by the Supreme Court.

6. Extradition The Constitution makes provisions for those who flee to another State to avoid punishment for a crime. Extradition is the legal process by which a fugitive from justice in one State can be returned to that State. Extradition is designed to prevent a person from escaping justice by fleeing a State. Privileges & Immunities The Constitution also protects citizens who move between the States. The Privileges & Immunities Clause states that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in another State. *State’s must allow non-residents to buy, own, rent, or sell property, or marry within its borders. *A State can require a person to live within the State for some time before he or she can vote or hold public office.