3
Interstate Relations
Objectives
Why It Matters
1. Explain why States make interstate
compacts.
2. Understand the purpose of the Full Faith
and Credit Clause.
3. Define extradition and explain its
purpose.
4. Discuss the purpose of the Privileges
and Immunities Clause.
What if Texas citizens were not allowed to
travel into Oklahoma, or needed a special
passport to do so? What if your North
Carolina driver’s license were not valid
when you drove through Ohio?
Fortunately, several key provisions in the
Constitution promote cooperation between
and among the States.
s you know, conflict among the States was a
major reason for the adoption of the Constitution in 1789. The fact that the new document
strengthened the hand of the National Government, especially regarding commerce, lessened
many of those frictions. So, too, did several of the
Constitution’s provisions that deal directly with
the States’ relationships with one another. This
section is concerned with those provisions.
A
Interstate Compacts
No State can enter into any treaty, alliance, or
confederation. However, the States may, with
the consent of Congress, enter into interstate
compacts—agreements among themselves and
with foreign states.15
By 1920, the States had made only 26 compacts. Since then, the number of interstate compacts has been growing. New York and New
Jersey led the way in 1921 with a compact creating the Port of New York Authority to manage
and develop the harbor facilities bordering
both States. More than 200 compacts are now in
force, and many involve several States. In fact,
Political
Dictionary
★ interstate compact
★ Full Faith and
Credit Clause
★ extradition
★ Privileges and
Immunities Clause
all 50 States have joined in two of them: the
Compact for the Supervision of Parolees and
Probationers and the Compact on Juveniles.
These two compacts enable States to share important law-enforcement data. Other agreements
cover a widening range of subjects. They include,
for example, compacts designed to coordinate
the development and conservation of such
resources as water, oil, wildlife, and fish;
prevent forest fires; combat stream and harbor
pollution; provide for tax collections; promote
motor vehicle safety; facilitate the licensing of
drivers; and encourage the cooperative use of
public universities.
15
Article I, Section 10, Clause 3. The Supreme Court has held that
Congressional consent is not needed for compacts that do not tend
to increase the political power of the States, Virginia v. Tennessee,
1893. But it is often difficult to decide whether an agreement is political or nonpolitical. So, most interstate agreements are submitted to
Congress as a matter of course.
Seven western States belong to the Colorado River Compact, which
apportions the waters of the Colorado River Basin.
Interstate Relations
Objectives You may wish to call
students’ attention to the objectives
in the Section Preview. The objectives
are reflected in the main headings of
the section.
Bellringer Ask students to suppose
that they are planning to drive to a
school team’s regional playoff three
States away. Have them discuss how
they would feel if they first had to get
a passport and a driver’s license from
each of the other States. Explain that
in this section, they will learn that
cooperation among States avoids
such time-consuming chores.
Vocabulary Builder Write each term
from the Political Dictionary on the
board. Have students try to define
each by using the meanings of the
individual words or word parts. Ask
students to check their definitions as
they read the text.
Pressed for Time?
Quick Lesson Plan
1. Focus Tell students that the
Constitution promotes smooth relations
among States. Ask students to discuss
what they know about interstate relations and the laws governing them.
2. Instruct Ask students what would
happen if someone robbed a bank in
your State and escaped across the
border into another State. Have students offer similar examples of how
States cooperate through compacts,
the Full Faith and Credit Clause, and
the Privileges and Immunities Clause.
3. Close/Reteach Remind students
that constitutional provisions help
avoid interstate conflict. Then have
students list the four provisions
regarding interstate relations, explain
each, and provide an example of how
conflict is avoided.
Block Scheduling Strategies
Consider these for
suggestions to manage extended
Customize
class time:
More
Advanced
Students
■ Assign
each student
a State to research in order
to determine
at least research
one interstate
compactthe
that
Have
students conduct
to investigate
the assigned
State
entered
(links
may be
found
changing
role of
thehas
Speaker
of the
House.
(You
at www.phschool.com).
Have
each student
may
wish to assign each student
a specific
speaker.)
create
a
summary
of
the
scope
of
the agreement(s)
Ask students to summarize their research
in brief
he or she
students
present
inforreports
andresearched.
then lead a Have
discussion
on the
changing
mation on their agreements to the class. Finally,
role.
lead a class discussion on the importance of
interstate compacts.
■ Discuss the Full Faith and Credit Clause, extradition, and the Privileges and Immunity Clause
with the class. Organize the class into groups of
three, assigning one of the above agreements to
each student. Have each student create scenarios
describing what would happen if States didn’t
honor the assigned agreement. Have students
share their scenarios with their groups, and write
brief summaries of the importance of all three
types of agreements. Finally, have each group
share a scenario with the entire class.
105
Chapter
4 • Section 3
Full Faith and Credit
Reading Strategy
Predicting
Ask students to quickly skim the
section, paying particular attention
to headings, subheadings, boldfaced
words, and graphics. Have them
write down predictions about what
they will learn concerning relations
between States. Ask them to make
any necessary corrections to their predictions after they have read the text.
A C T I V I T Y
Extended Class Periods
Time 90 minutes.
Purpose Explore interstate relations.
Grouping Three to five students.
Activity Have each group create a
“new” State that lies within the
current boundaries of the U.S.,
providing its location, population,
and most abundant resources. Each
group should make a list of 5–10
State laws that are most important
to the State’s people.
Roles Discussion leader, recorder,
spokesperson.
Close Encourage spokespersons from
the different groups to meet to discuss interstate compacts or other
agreements that would benefit both
parties. Lead a discussion about how
the Constitution has eased tension
among States by promoting cooperation among them.
Block Strategy
(Average)
The Constitution commands that
Faith and Credit shall
“be Full
given in each State to the
public Acts, Records, and judicial
Proceedings of every other State.
”
Lesson Planner For complete
lesson planning suggestions, see the
Lesson Planner booklet, section 3.
The term public acts refers to the laws of a
State. Records refers to such documents as birth
certificates, marriage licenses, deeds to property,
car registrations, and the like. The words judicial
proceedings relate to the outcome of court
actions: damage awards, the probating (proving) of wills, divorce decrees, and so forth.
The Full Faith and Credit Clause most often
comes into play in court matters. Take this
example: Allen sues Bill in Florida, and the
Florida court awards Allen $50,000 in damages.
Bill cannot escape payment of the damages by
moving to Georgia, because Allen could simply
ask the Georgia courts to enforce the damage
award. Neither would the case have to be retried
in Georgia. Instead, the Georgia courts would
have to give full faith and credit to —recognize
and respect the validity of—the judgment made
by the Florida court.
Full Faith and Credit The Full Faith and Credit Clause
ensures that records such as birth certificates and marriage
licenses are recognized in all 50 States.
The Full Faith and Credit Clause is regularly
observed and usually operates routinely
between and among the States. This rule has
two exceptions, however. First, it applies only
to civil, not criminal, matters. One State cannot enforce another State’s criminal law.
Second, full faith and credit need not be given
to certain divorces granted by one State to residents of another State.
On the second exception, the key question
is always this: Was the person who obtained
the divorce in fact a resident of the State that
granted it? If so, the divorce will be accorded
full faith and credit in other States. If not, then
the State granting the divorce did not have the
authority to do so, and another State can
refuse to recognize it.
Williams v. North Carolina
The matter of interstate “quickie” divorces
has been troublesome for years, especially
since the Supreme Court’s decision in a 1945
case, Williams v. North Carolina. In that case,
a man and a woman had traveled to Nevada,
where each wanted to obtain a divorce so they
could marry each other. They lived in Las
Vegas for six weeks, the minimum period of
State residence required by Nevada’s divorce
law. The couple received their divorces, were
married, and soon after returned to North
Carolina. Problems arose when that State’s
authorities refused to recognize their Nevada
divorces. North Carolina brought the couple
to trial and a jury convicted each of them of
the crime of bigamous cohabitation (marrying
and living together while a previous marriage
is still legally in effect).
On appeal, the Supreme Court upheld North
Carolina’s denial of full faith and credit to the
Nevada divorces. It ruled that the couple had not
in fact established bona fide—good faith, valid—
residence in Nevada. Rather, the Court held that
Organizing Information
Political Cartoons See p. 17 of
the Political Cartoons booklet for a
cartoon relevant to this section.
To make sure students understand the main
points of this section, you may wish to use the
web graphic organizer to the right.
Government Assessment Rubrics
Cooperative Learning Project:
Process, p. 20
Tell students that a web shows a main idea and
its supporting details. Ask students to use the
web to outline details about interstate relations,
including compacts, Full Faith and Credit,
extradition, and privileges and immunities.
106
Exceptions
—Article IV, Section 1
Point-of-Use Resources
Guided Reading and Review Unit 1
booklet, p. 31 provides students with
practice identifying the main ideas
and key terms of this section.
In a similar vein, a person can prove age,
place of birth, marital status, title to property,
and similar facts by securing the necessary
documents from the State where the record
was made. The validity of these documents
will be recognized in each of the 50 States.
Teaching Tip A template for this graphic organizer
can be found in the Section Support
Transparencies, Transparency 1.
Chapter
Each State requires that those who operate motor vehicles
be licensed to do so. Critical Thinking Why is it possible to
drive across the country without having to obtain a driver’s license in each State along the way?
the couple had remained legal residents of North
Carolina. In short, it found that Nevada lacked
the authority to grant their divorces.
A divorce granted by a State court to a bona
fide resident of that State must be given full faith
and credit in all other States. To become a legal
resident of a State, a person must intend to reside
there permanently, or at least indefinitely. Clearly,
the Williamses had not intended to do so.
The Williams case, and later ones like it,
cast dark clouds of doubt over the validity of
thousands of other interstate divorces. The
later marriages of people involved in these
divorces, and the frequently tangled estate
problems produced by their deaths, suggest the
confused and serious nature of the matter.16
Extradition
According to the Constitution
Person charged in any
“StateA 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
This clause refers to extradition, the legal
process by which a fugitive from justice in one
State is returned to that State. Extradition is
designed to prevent a person from escaping
justice by fleeing a State.
The return of a fugitive from justice is usually
a routine matter; governors regularly approve
the extradition requests they receive from other
States’ chief executives. Some of those requests,
however, are contested. This is especially true
in cases with strong racial or political overtones,
and in cases of parental kidnapping of children
involved in custody disputes.
Until the 1980s, governors could, and on
occasion did, refuse to return fugitives. In
Kentucky v. Dennison, 1861, the Supreme Court
held that the Constitution did not give the Federal
Government any power with which to compel a
governor to act in an extradition case. So, for
more than a century, the Constitution’s word shall
in the Extradition Clause had to be read as “may.”
The Court overturned this ruling in 1987,
however. In Puerto Rico v. Branstad, a unanimous Court held that the federal courts can
indeed order an unwilling governor to extradite a fugitive.
Privileges and Immunities
The Constitution also provides that
of each State
“shallThebe Citizens
entitled to all Privileges and Immunities of Citizens in the
several States.
” —Article IV, Section 2, Clause 1
17
This clause, known as the Privileges and Immunities
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. It must also allow any citizen, no
matter where he or she lives, to use its courts
and make contracts; buy, own, rent, or sell
property; or marry within its borders.
4 • Section 3
Background Note
Constitutional Issues
When the Governor of Iowa refused
Puerto Rico’s request for extradition of
an accused murderer in 1981, Puerto
Rico filed suit in Federal District Court
claiming violation of the Extradition
Clause of the Constitution and the
Extradition Act. The Court dismissed
the case, citing Kentucky v. Dennison.
In Puerto Rico v. Branstad, 1987, the
Supreme Court reversed, holding that
Dennison “can stand no longer.” The
Court noted that Dennison involved
assisting escaped slaves, and had
been heard in 1861 when “the practical
power of the Federal Government was
at its lowest ebb” and “secession was
a fact, and civil war a threatening possibility.” The Court concluded that
“Kentucky v. Dennison is the product of
another time” and that its conception
of the relationship between the States
and Federal Government “is fundamentally incompatible with more than a
century of constitutional development.”
Additionally, the Court found “that the
right given to ‘demand’ implies it is an
absolute right; and it follows that there
must be a correlative obligation to
deliver.”
Point-of-Use Resources
Section Support Transparencies
Transparency 20, Visual Learning;
Transparency 119, Political Cartoon
16The Defense of Marriage Act, passed in 1996, declares that no
State is required to recognize a same-sex marriage performed in
another State. It has not yet (2005) been tested in court.
17The provision is reinforced in the 14th Amendment.
Answer to . . .
Critical Thinking The Privileges and
Immunities Clause says that States
may not draw unreasonable distinctions between its own residents
and nonresidents.
107
Chapter
4 • Section 3
Point-of-Use Resources
Guide to the Essentials Chapter
4, Section 3, p. 30 provides
support for students who need additional review of section content.
Spanish support is available in the
Spanish edition of the Guide on p. 23.
Quiz Unit 1 booklet, p. 32
includes matching and multiplechoice questions to check students’
understanding of Section 3 content.
Presentation Pro CD-ROM Quizzes
and multiple-choice questions
check students’ understanding of
Section 3 content.
Answers to . . .
Section 3 Assessment
1. Treaties, alliances, and confederation.
2. It is a requirement that each State
accept the public acts, records, and
judicial proceedings of other States.
3. Extradition is meant to prevent a
fugitive from being able to escape the
law just by fleeing to another State.
4. (a) Traveling to or becoming a
resident of another State; using a
State’s courts; buying, owning, renting, or selling property; marrying
within State borders. (b) Giving hiring preferences to residents; lowering
welfare benefits for nonresidents;
setting higher fees for nonresidents
using common property of the State.
5. Answers will vary. Students might
suggest that each State would try and
respect each other’s acts; others might
say that States would not respect each
other’s acts as they got caught up in
economic competition.
6. Answers will vary. Examples that
are likely to affect students include
interstate travel, marriage, purchase
or rental of property, attendance at
State universities, or obtaining professional or recreational licenses.
Answer to . . .
Critical Thinking Answers will vary,
but should address the issue of
whether colleges and universities
should be considered a State’s
“common property.”
108
Under the Privileges and Immunities Clause, colleges and universities often charge higher
rates for nonresidents than residents. The University of California, Los Angeles, for example,
charged residents tuition and fees of $6,585 and nonresidents $23,541 in 2004–2005.
Critical Thinking Do you think that this practice is justified? Explain your answer.
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. Thus, the Supreme
Court struck down a law in which the State of
Alaska directed employers to prefer Alaskans in
the hiring of workers to construct that State’s oil
and gas pipelines, Hicklin v. Orbeck, 1978. And
the Court has overturned a California law that
set the welfare benefits paid to newly arrived residents at a lower level than those paid to longterm residents, Saenz v. Roe, 1999.
However, the Privileges and Immunities
Clause does allow States to draw reasonable distinctions between its own residents and those of
other States. Thus, any State can require that a
Key Terms and Main Ideas
1. What agreements does the Constitution prohibit the States
from making?
2. What is the meaning of the Full Faith and Credit Clause?
3. What is the purpose of extradition?
4. (a) Give at least two examples of actions protected under
the Privileges and Immunities Clause. (b) What types of
actions are not protected by this clause?
Critical Thinking
5. Predicting Consequences What difficulties might result if
each State were not required to give full faith and credit to the
public acts, records, and judicial proceedings of other States?
Provide at least two examples to support your conclusion.
7. Direct students to access Web Code mqd-1043 at
PHSchool.com. This Web Code will take students
directly to the instructions and links needed to complete the section activity.
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.
In another example, the wild fish and
game in a State are considered to be the common property of the people of that State. So,
a State can require nonresidents to pay higher fees for fishing or hunting licenses than
those paid by residents—who pay taxes to
provide fish hatcheries, enforce game laws,
and so on. By the same token, State colleges
and universities regularly set higher tuition
rates for students from out-of-State than
those they charge residents of the State.
6. Drawing Inferences Provide at least two examples of how
the Privileges and Immunities Clause has affected your life
or might do so in the future.
PHSchool.com
For: An activity on interstate
compacts
Visit: PHSchool.com
Web Code: mqd-1043