CHAPTER 4SECTION 3

Interstate Relations

Objective

Students will understand why State’s make interstate compacts;

Students will understand the purpose of the Full Faith and Credit Clause, the Extradition Clause, and the Privileges and Immunities Clause.

Background

Rivalries, conflicts, and jealousies among newly independent States was a principal reason for the writing and the adoption of the Constitution (and scrapping the Articles).

The Constitution contains provisions that promote cooperation among the States.

Interstate Compacts

No State can enter into any treaty, alliance, or confederation, per the Constitution.

*States can, w/ the consent of Congress, enter into interstate compacts, which are agreements among States and foreign states.

States usually cooperate in areas such as law enforcement and resource conservation.

Full Faith and Credit Clause

**States must respect the validity of public acts (laws), records (e.g., birth certificates, deeds), and judicial proceedings (e.g., court orders; damage awards) of other States

Example: Bill sues Sally in TN and receives a 50k judgment for damages. If Sally moves to MS, trying to avoid payment, Bill could simply ask a MS court to enforce the TN judgment. There would be no retrial; MS would have to give full faith and credit (i.e., recognize and respect the validity of) to the TN judgment.

Full Faith and Credit Clause

Two exceptions to the Full Faith and Credit Clause:

1) Only applies to civil, not criminal matters (i.e., one state cannot enforce another state’s criminal laws); and2) Certain divorces are not given full faith and credit (i.e., ones that are not bona fide, that is not done in good faith nor with valid residency).

Extradition Clause

**Fugitive from one State can be returned by another State.

Governors will submit extradition requests to other governors.

Up until 1987, governors could refuse to return fugitives. However, the Supreme Court has stated that the word “shall” in the clause mandates extradition upon request.

Privileges and Immunities Clause

No State can draw unreasonable distinctions b/w its own residents and those of other States.

E.g., each State must allow any citizen to travel in or become a resident of the State; it also must allow all citizens access to its courts and to buy, own, and rent property; or marry within its borders.

Privileges and Immunities Clause

Unreasonable distinction struck down by the courts: requiring employers to hire in-State residents first; setting welfare benefits higher for long-term residents than those newly arrived residents.

Reasonable distinctions: higher tuition rates for out-of-state residents; higher hunting and fishing fees for out-of-state residents (reasoning has to do w/ residents paying taxes to support these programs)

Loving v. Virginia

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