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Interstate Relations Government Mrs. Deming
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History… One of the reasons why the Constitution was written was due to the conflict between the states
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Interstate Compacts No state may enter into any treaty, alliance or confederation—they may enter into interstate compacts Interstate compacts = agreements among themselves and with foreign states Ex. Juvenile records, development of natural resources, licensing of drivers, etc.
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Full Faith and Credit “Full Faith and Credit shall be given in each State to the public Acts, Records and judicial Proceedings of every other State.” Article IV, Section 1 Public acts = laws of a State Records = birth certificates, marriage licenses, property deeds Judicial Proceedings = outcome of court proceedings, damage awards, divorce, etc.
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Full Faith and Credit Ex. Rostar sues Jennelle for hunting on his property; the court awards Rostar $50,000; Jennelle moves to Hawaii to try to escape payment; Rostar could ask the Hawaiian court system to honor…Hawaiian courts would have to give full faith and credit to—recognize and respect the validity of—the Michigan decision
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Full Faith and Credit Exceptions
Only applies to civil, not criminal, matters—one state cannot enforce another State’s criminal laws ex. Helmet law in Florida Full faith and credit need not be given to certain divorces granted by one State to residents of another State ex. Husband files for divorce in New York but resident of Michigan Williams vs. North Carolina—”quickie” divorce in Las Vegas, Nevada, must set up residence for 6 weeks, must have legitimate residency, other states can refuse to honor…
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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.” Article IV, Section 2, Clause 2
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Extradition The legal process by which a fugitive from justice in one State can be returned to that State Designed to prevent a person from escaping justice by fleeing a State Governors approve the request….rarely deny unless highly contested issue—racially motivated, politically motivated, kidnapping custody battle, etc.
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Privileges and Immunities
“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” Article IV, Section 2, Clause 1 No state can draw unreasonable distinctions between its own residents and those persons who happen to live in other States
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Privileges and Immunities
Must allow travel between states; use its courts; buy, own or rent property; marry within its borders May not use “in-state” preferences ie. Hiring, different government assistance rates for non-residents Allowed to have residency requirements before voting, higher fees for fishing/wildlife licenses, out-of-state tuition at colleges/universities
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