Relations Among the States/Developing Federalism

Explain the “Full Faith and Credit Clause” §Each state must recognize the public acts, records and judicial proceedings of every other state.

Provide 2 examples of this clause §Car registrations, §marriage licenses § birth certificates

This clause applies only to_______ law. §Civil Law: l [laws relating to disputes between individuals, groups or with the state] l Cannot discriminate unreasonably against citizens of another state

States cannot enforce another state’s _____ laws §Criminal l Without this clause, each state could treat all other states like foreign countries, each state could become a haven for people who moved to another state to avoid legal obligations

What is this clause important? §It forces each state to recognize and accept each other’s laws.

Explain the “Privileges and Immunities Clause” §One state cannot unreasonably discriminate against a citizen of another state: they must have the same privileges and immunities [protections] as citizens of that state.

Provide 2 examples of this clause §Right to pass through or live in any other state §To use the courts, make contracts, buy, sell and hold property.

Importance §So states will treat all US citizens reasonably the same. §Reasonable for states to require people to be residents to vote in a state, serve on juries, §use public institutions that are supported by state taxes. [non-residents do not have same access to state colleges or state hospitals as residents do. Higher college tuition for non-state residents

Extradition §State is responsible for returning a fleeing criminal back to the state where the crime was committed.

Scenario §???????

What is the importance of extradition? §Ensures that a criminal cannot escape the consequences of his crime by fleeing to another state.

State’s rights position §Constitution is a compact among the states. §The states created the national government and gave it only certain powers. §State governments are closer to the people and can better reflect their wishes than the national government. §The national government is a threat to individual liberty

Nationalist position §Constitution not merely a compact between states §It was the people, not the states, who created both the national and state governments §Powers expressly delegated to the national government should be expanded to carry out the people’s will. §The “Necessary and proper clause means that Congress [national government] has the right to adopt any means to carry out its delegated powers. §The national government stands for all the people, while each state speaks for only part of the people. §They look to the national government to solve major social and economic problems.