Chapter 4 Federalism

1. Chapter 4Federalism Section 3 Interstate Relations

2. 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

3. 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.

4. Interstate Compacts “no State shall, without the consent of Congress, enter into any agreement or compact with another state.”

5. 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.

6. 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

7. 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?

8. 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

9. 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

10. 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?

11. 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

12. 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.

13. 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?

14. 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

15. 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. Branstadreversed that ruling

16. Privileges and Immunities “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”

17. 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.

18. 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. > Hicklinv. 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?

19. 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.