U.S. Constitution - Article 2 Section 4 - The U.S. Constitution Online - n-prizereads.ga

 

article four of the constitution

Article I, Section 2 of the Constitution left voting qualifications in the hands of the states, although state authority in this area has been altered by subsequent amendments. The Guarantee Clause also does not require any particular form of republican governmental structure. Article 4 of the Constitution is the article that details the states of the United States of America. The article discusses what the responsibilities are, and what duties the states have. The article also discusses the role of the federal government, and what the responsibilities are on that front. Article IV Primary tabs. Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. and nothing in this Constitution.


Article II | U.S. Constitution | US Law | LII / Legal Information Institute


Article Four of the United States Constitution outlines the relationship between the various statesas well as the relationship between each state and the United States federal government.

It also empowers Congress to admit new states and administer the territories and other federal lands. The Full Faith and Credit Clause requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state.

The Privileges and Immunities Clause requires interstate protection of "privileges and immunities," preventing each state from treating citizens of other states in a discriminatory manner. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee. Since the case of Puerto Rico v. Branstadfederal courts may also use the Extradition Clause to require the extradition of fugitives.

The Fugitive Slave Clause requires the return of fugitive slaves ; this clause has not been repealed, but it was rendered moot by the Thirteenth Amendmentwhich abolished slavery. The Admissions Clause grants Congress the authority to admit new states, article four of the constitution, but forbids the creation of new states from parts of existing states without the consent of the affected states, article four of the constitution.

The Supreme Court has held that the Constitution requires all states to be admitted on an equal footingthough the Admissions Clause does not expressly include this requirement.

The Property Clause grants Congress the power to make article four of the constitution for the territories and other federal lands. The Guarantee Clause mandates that United States guarantee that all states have a "republican form of government," though it does not define this term. Article Four also requires the United States to protect each state from invasion, and, at the request of a state, from "domestic violence.

And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. The first section requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. Congress may regulate the manner in which proof of such acts, records or proceedings may be admitted. In Mills v. Duryee1t1 U.

Later, Chief Justice John Marshall suggested that the judgment of one state court must be recognized by other states' courts as final. However, in McElmoyle v. Cohen38 U. The court upheld Georgia's refusal to enforce the South Carolina judgment. The court found that out-of-state judgments are subject to the procedural law of the states where they are enforced, notwithstanding any priority accorded in the states in which they are issued.

Clause One of Section 2 requires interstate protection of "privileges and immunities". The seeming ambiguity of the clause has given rise to a number of different interpretations.

Some contend that the clause requires Congress to treat all citizens equally. Others suggest that citizens of states carry the rights accorded by their home states while traveling in other states. Neither of these theories has been endorsed by the Supreme Court, which has held that the clause means that a state may not discriminate against citizens of other states in favor of its own citizens, article four of the constitution. In Corfield v.

Coryell6 F. Most other benefits were held not to be protected privileges and immunities. In Corfield the circuit court sustained a New Jersey law giving state residents the exclusive right to gather clams and oysters.

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. Clause Two requires that fugitives from justice may be extradited on the demand of executive authority of the state from which they flee.

The Supreme Court has held that it is not compulsory for the fugitive to have fled after an indictment was issued, but only that the fugitive fled after having committed the crime, article four of the constitution.

The Constitution provides for the extradition of fugitives who have committed article four of the constitution treasonfelony or other crime.

In Kentucky v. Dennison[1] the Supreme Court held that the federal courts may not compel state governors to surrender fugitives through the issue of writs of mandamus. The Dennison decision was overruled by Puerto Rico v. Branstad ; now, the federal courts may require the extradition of fugitives. The motives of the governor demanding the extradition may not be questioned. The accused cannot defend himself against the charges in the extraditing state; the fugitive must do so in the state receiving him.

However, the accused may prevent extradition by offering clear evidence that he was not in the state he allegedly fled from at the time of the crime. Fugitives brought to states by means other than article four of the constitution may be tried, even though the means of the conveyance was unlawful; the Supreme Court so ruled in Mahon v.

JusticeU. In Mahon a body of armed men from Kentucky forcibly took, without a warrant, a man in West Virginia to bring him back to Kentucky for formal arrest and trial, article four of the constitution.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense.

Butler withdrew the clause, article four of the constitution. However, on the next day the clause was quietly reinstated and adopted by the Convention without objection.

This clause was added to the clause that provided extradition for fugitives from justice. When first adopted, this clause applied to fugitive slaves and required that they be extradited upon the claims of their masters, but it provided no means for doing so. The Fugitive Slave Act of created the mechanism for recovering a fugitive slave, overruled any state laws giving sanctuarymade it a federal crime to assist an escaped slave, and allowed slave-catchers into every U.

As free states sought to undermine the federal law, the even more severe Fugitive Slave Act of was enacted. Induring the Civil War, article four of the constitution, an effort to repeal this clause of the Constitution failed. New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

Since the establishment of the United States inthe number of states has expanded from the original 13 to It also forbids the creation of new states from parts of existing states without the consent of the affected states and Congress. This latter provision was designed to give Eastern states that still had claims to Western lands e. At the Constitutional Conventiona proposal to include the phrase, "new States shall be admitted on the same terms with the original States", was defeated.

It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. Once the new Constitution went into effect, however, Congress admitted Vermont and Kentucky on equal terms and thereafter formalized the condition in its acts of admission for subsequent states, declaring that the new state enters "on an equal footing with the original States in all respects whatever.

Hagan[9] that the Constitution mandated admission article four of the constitution new states on the basis of equality.

Congressional restrictions on the equality of states, even when those limitations article four of the constitution been found in the acts of admission, have been held void by the Supreme Court. For instance the Supreme Court struck down a provision which limited the jurisdiction of the state of Alabama over navigable waters within the state.

The Court held. Alabama is, therefore, entitled to the sovereignty and jurisdiction article four of the constitution all the territory within her limits The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. Before admission to the Union, Texas article four of the constitution, as an independent nationcontrolled water within three miles of the coast, article four of the constitution, the normal limit for nations.

Under the equal footing doctrine, however, Texas was found not to have control over the three-mile belt after admission into the Union, because the original states did not at the time of joining the union control such waters.

Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress.

Under the Article four of the constitution Lands Act ofCongress returned maritime territory to some states, but not to others; the Act was sustained by the Supreme Court. The constitution is silent on the question of whether or not a state may unilaterally leave, or secede from, the Union.

However, the Supreme Court, in Texas v. Whiteheld that a state cannot unilaterally do so. When, therefore, Texas became one of the United States, she entered into an indissoluble relation.

All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State.

The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration, or revocation, except through revolution, article four of the constitution, or through consent of the States, article four of the constitution.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. This clause, commonly known as the Property or Territorial Clause, grants Congress the constitutional authority for the management and control of all territories or other property owned by the United States, article four of the constitution.

Article four of the constitution, the clause also proclaims that nothing contained within the Constitution may be interpreted to harm prejudice any claim of the United States, or of any particular State. The exact scope of this clause has long been a matter of debate. The federal government owns about twenty-eight percent of the land in the United States. Although federal property can be found in every state, the largest concentrations are in the west, where, for example, the federal government owns over eighty percent of the land within Nevada.

Pursuant to a parallel clause in Article One, Section Eightthe Supreme Court has held that states may not tax such federal property. In another case, Kleppe v. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Article four of the constitution Estray Law, article four of the constitution.

A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. In a series of opinions by the Supreme Court of the United Statesreferred to as the Insular Casesthe Court ruled that territories belonged tobut were not part of the United States. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories.

These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over the commonwealth's political status. The Guarantee Clause mandates article four of the constitution all U. The Constitution does not explain what exactly constitutes a republican form of government. There are, however, several places within it where the principles behind the concept are articulated. Article Seventhe last and shortest of the Constitution's original articles, article four of the constitution, stipulated that the Constitution, before it could become established as the "Law of the Land", must obtain the consent of the people by being ratified by popular conventions within the several states.

 

U.S. Constitution - Article 4 Section 4 - The U.S. Constitution Online - n-prizereads.ga

 

article four of the constitution

 

Article I, Section 2 of the Constitution left voting qualifications in the hands of the states, although state authority in this area has been altered by subsequent amendments. The Guarantee Clause also does not require any particular form of republican governmental structure. Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal n-prizereads.gae Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities. Article 4 of the Constitution is the article that details the states of the United States of America. The article discusses what the responsibilities are, and what duties the states have. The article also discusses the role of the federal government, and what the responsibilities are on that front.