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This clause requires all States in the US to recognize and give effect to the legislation, public records and judicial decisions of other Sates in the.

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Presentation on theme: "This clause requires all States in the US to recognize and give effect to the legislation, public records and judicial decisions of other Sates in the."— Presentation transcript:

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2 This clause requires all States in the US to recognize and give effect to the legislation, public records and judicial decisions of other Sates in the US. It states that each State should grant full faith and credit to the laws, public records and judicial decisions of every other state in the US. The clause ensures that the judicial decisions of other States are recognized by a State.

3 It makes states recognize each others judicial decision. Ex: a gay couple married in Mass. and moves to Idaho), except the federal Defense of Marriage Act ("DOMA") specifically excludes this issue from Constitutional jurisdiction. DOMA is arguably unconstitutional, but so far no legal challenges have brought it under review by the Supreme Court.

4 A provision found in Article IV of the U.S. Constitution that prohibits states from discriminating against those who are not state citizens or from favoring its own citizens over citizens of other states. The Privileges and Immunities Clause has been interpreted to create a right to travel, in that it allows citizens of one state to go to another state and enjoy the same privileges and immunities as that state's citizens.

5 How it Applies It says that states cannot discriminate against citizens of a different state, therefore each state government system cannot discriminate against any citizens not a citizen of that state. Ex: In an effort to strengthen the local economy, Nevada passes a law requiring that state residents comprise at least 25% of the labor on all state-funded construction projects. Because the right to be employed is a fundamental right, and non-Nevada residents are being discriminated against by this statute, there is the risk of running afoul of the PIC4.

6 A set of laws created in the form of a suggested model state statue covering a specific area of law that is of general concern to all states, which is usually drafted by a committee with input from all or a large number of the states.

7 How it Applies It effects the government because it allows the states to the have trade throughout each state. Ex: There is 22 different agreements in operation in the US. Major agreements include the Gulf States Marine Fisheries Commission between Florida, Alabama, Mississippi, Louisiana and Texas, which controls the fishing industry in the region.

8 Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, made pursuant to the U.S. Constitution, shall be "the supreme law of the land." The text decrees these to be the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state.

9 How it Applies It gives the government one supreme law that over rules all laws. Ex: McCulloch v. Maryland- this trial under the supremacy clause stated that “the power to tax is the power to destroy.”

10 Dual federalism is the theory that the federal government and the state governments operate in separate realms in which each is respectively sovereign. Support for this in practice is made with appeals to the 10th amendment and the states' insistence that the enumerated powers are the sole powers of the national(federal) government. Cooperative federalism, however, emphasizes the overlapping spheres of power and operation across the levels of government. This cooperative principle is seen in the implementation of federal policy with federal funds, by the states who have sanctioned such policies.

11 How it Applies Dual Federalism- This keeps the state and federal supreme, and does not share. Cooperative Federalism- This is when the powers are shared between the state and federal level. Ex: Dual Federalism- Printing money and issuing patents are federal government actions which states cannot take. Ex: Cooperative Federalism- Income tax is a good example, both states and the US can levy an income tax.


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