C HAPTER 4 F EDERALISM Section 3 Interstate Relations

I NTERSTATE R ELATIONS Objectives: * Explain why States make interstate compacts. * Understand the purpose of the Full Faith and Credit Clause * Define extradition and explain its purpose * Discuss the purpose of the Privileges and Immunities Clause

I NTERSTATE R ELATIONS Conflicts among the States was a major reason for the adoption of the US Constitution in The fact that the new document strengthened the hand of the National Government lessened many of those frictions.

I NTERSTATE R ELATIONS Interstate Compacts * No State can enter into any treaty, alliance, or confederation. * The States may, with the consent of Congress, enter into interstate compacts – agreements among themselves and with foreign states. * By 1920, the States had made 26 compacts * Since then, the number of interstate compacts keeps growing. * We now have some 200 compacts in place

I NTERSTATE R ELATIONS * All 50 States have joined two of them 1) The Compact for the Supervision of Parolees and Probationers 2) The Compact on Juveniles * These two compacts enable States to share important law-enforcement data

I NTERSTATE R ELATIONS Full Faith and Credit * The term public acts refers to the laws of a State * Records refers to such documents as birth certificates, marriage licenses, and etc * The judicial proceedings relates to the outcome of court actions, damage awards, the probating (proving of wills), divorce decrees, and etc

I NTERSTATE R ELATIONS Full Faith and Credit Clause - most often comes into play in court matters -If you are sued and lose, you cannot escape paying the money by moving to a different state - The other States have full faith and credit to recognize and respect the validity of the judgment in another State - Other States recognize all birth certificates, marriage licenses, and etc

I NTERSTATE R ELATIONS Exceptions * There are two exceptions to the Full Faith and Credit Clause 1) It applies only to civil, not criminal, matters + One State cannot enforce the other States criminal laws 2) Full Faith & Credit need not be given to certain divorces granted by one State to residents of another State

I NTERSTATE R ELATIONS Williams v. North Carolina > The matter of a “quickie” divorces has been troublesome for years > A man and woman had traveled to Nevada, where each wanted to obtain a divorce so they could marry each other. > They lived in Las Vegas for 6 months (minimum period of State’s residence required by Nevada Law) > The couple received their divorces, were married, and returned to North Carolina > N.C. refused to recognize their divorce & marriage

I NTERSTATE R ELATIONS > Both were charged with bigamous cohabitation (marrying and living together while a previous marriage is still legally in effect) > Were convicted of the crime > On the appeal, Supreme Court upheld North Carolina’s denial of full faith & credit. > It ruled that the couple had not in fact established a bona fid – good faith, valid – resident in Nevada. > The couple had remained legal residents of North Carolina the whole time.

I NTERSTATE R ELATIONS Extradition * Extradition – legal process by which a fugitive from justice in one State is returned to that State * This is designed to prevent a person from escaping justice by fleeing a State * Governors usually approve (grant) the extradition by a State * Some are contested – not many though * May be contested if racial or political overtones are present * Also in cases of kidnapping of children involved in a custody battle

I NTERSTATE R ELATIONS * Kentucky v. Dennison – 1861 > Supreme Court held that the Constitution does not give Federal Government any power with which to compel a governor to act in an extradition case. Privileges and Immunities * This clause means that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States. * Each State must recognize the right of any American to travel in or become a resident of that State.

I NTERSTATE R ELATIONS * It must also allow any citizen, no mater where he or she lives, to use its courts and make contracts, buy, sell, own, rent, and marry within its borders. * At the same time, a State cannot do such things as try to relieve its unemployment problems by requiring employers to give a hiring preference to in-State residents. * Hicklin v. Orbeck – 1978 > States cannot set the welfare benefits it pays to newly arrived residents at a level below its long-term residents * Saens v. Roe

I NTERSTATE R ELATIONS * No State can require that a person live within the State for some time before he or she can vote or hold public office. * It also can require some period of residence before one can be licensed to practice law, medicine, dentistry, and so on. * State Universities can charge higher fees to out-of-state residents. The in-state students pay taxes that go to the State Universities.