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Understanding Federalism: Interstate Compacts and Constitutional Clauses

Explore the significance of interstate compacts, Full Faith and Credit Clause, extradition, and Privileges and Immunities Clause in federalism. Learn how states cooperate and uphold legal processes across borders effectively.

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Understanding Federalism: Interstate Compacts and Constitutional Clauses

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  1. Chapter 4: FederalismSection 3

  2. Learning Objectives • States interstate compacts • Purpose of the Full Faith and Credit Clause • Extradition, and its purpose • Purpose of the Privileges and Immunities Clause 3

  3. Key Terms Interstate compact:an agreement between two or more states Full Faith and Credit Clause:A State must respect and recognize the validity of records, documents, and civil court decisions in other States. Privileges and Immunities Clause:No State can draw unreasonable distinction between its own residents and people who live in other States. 3

  4. Introduction According to the Constitution, what must the National Government 3

  5. Interstate Compacts No State may enter into any treaty, alliance, or confederation. However, the States may, with the consent of Congress, enter into interstate compacts—agreements among themselves and with foreign states. More than 200 compacts are now in force, and range in a variety of uses from sharing law-enforcement data to resource development and conservation. 3

  6. Interstate Compacts State’s form compacts with other States: to achieve together what one state might have difficulty doing alone. 3

  7. The Full Faith and Credit Clause of the Constitution ensures that States recognize the laws (public acts) documents (records) court (judicial) proceedings of the other States. There are two exceptions to the clause though: (1) One State cannot enforce another State’s criminal laws. And, (2) Full faith and credit need not be given to certain divorces granted by one State to residents of another State. Full Faith and Credit 3

  8. Extradition is the legal process by which a fugitive from justice in one State is returned to that State. Extradition is upheld through Article IV, Section 2, Clause 2 of the Constitution. Extradition 3

  9. Governors are the State executives that handle the extradition process. If a governor is unwilling to return a fugitive to a State, federal courts can intervene and order that governor to do so. Extradition 3

  10. Privileges and Immunities • The Privileges and Immunities Clause provides that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States. • States cannot, for example, pay lower welfare benefits to newly arrived residents than it does to its long-term residents, Saens v. Roe, 1999. 3

  11. Privileges and Immunities • However, States can draw reasonable distinctions between its own residents and those of other states, such as charging out-of-State residents: • higher tuition for State universities than in-State residents. • Higher fishing or hunting license fees 3

  12. GUIDED READING • Interstate compacts: to achieve together what one State might have difficulty doing alone • Full Faith and Credit: public acts, records, and judicial proceedings • Extradition: the legal process by which a fugitive from justice in one State is returned to that State from another • Privileges and Immunities: A State may charge a non-resident higher fees for fishing or hunting licenses or to attend a State university. 3

  13. GUIDED READING • Interstate Compact: an agreement made between two or more States • Full Faith and Credit A State must respect and recognize the validity of records, documents, and civil court decisions in other States. • Privileges and Immunities: No State can draw unreasonable distinctions between its own residents and people who live in other States. 3

  14. Section 3 Review 1. The Full Faith and Credit Clause guarantees that in most cases • (a) a State will recognize the laws, documents, and court rulings of another State. • (b) States will provide for consumer credit cards. • (c) a State will be able to supercede the laws of the Constitution. • (d) States can ignore the laws and regulations of the other States. 2. States can charge higher tuition rates for State universities to out-of-State residents under the • (a) Full Faith and Credit Clause. • (b) extradition clause. • (c) Privileges and Immunities Clause. • (d) Northeast Dairy Compact. 3

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