Thursday, September 19, 2013

Chapter 4 Section 3 Notes

I.               Interstate Relations
A.     Full Faith and Credit
a.     Each state must recognize the laws and legal proceedings of other states.
b.     One state cannot enforce another state’s criminal law.
c.      Judicial decisions in civil matters in one state will be honored and enforced in all states.
B.     Privileges and Immunities
a.     The constitution provides that “the citizens of each state shall be entitled to all privileges and immunities of citizens in several states.”
b.     Although the courts have never given a complete listing of these privileges and immunities, some included are the rights to pass through or live in any state; use the courts; make contracts; buy, sell, and hold property, and marry (if you’re straight, excluding the growing bit of America that legalized gay marriage).
c.      If you’re not a state resident, you cannot vote, serve on juries, or use certain public facilities.
d.     Nonresidents of a state do not have the same right to attend publicly supported institutions.
C.     Extradition
a.     Helps keep states from protecting fugitives.
b.     Congress has made the governor of the state to which the fugitives have fled responsible for returning them.
c.      Congress has acted to close the extradition loophole by making it a federal crime to flee from one state to another in order to avoid prosecution for a felony.
D.    Interstate Compacts
a.      The constitution requires states to settle their difference with one another without using force.
b.     Interstate compacts are written agreements between two or more states.
c.      Interstate compacts have become an important way for the states to deal with regional problems without resorting to national government intervention.
E.     Lawsuits Between States
a.     Lawsuits between states are heard in the US Supreme Court, the only court in which one state may sue another.
b.     Cases often include water rights and boundary lines.
II.             Admission of New States
A.     Congress Admits New States
a.     The constitution give congress the power to admit new states to the union.
b.     No state may be formed by taking territory from one or more states without the consent of the states involved and of congress.
c.      The president can veto Acts of admission.
d.     The process begins when Congress passes an enabling act. This act, when signed by the president, enables the people of the territory to prepare a constitution, and submits it to congress. If congress approves, the territory becomes a state.
B.     Conditions for Admission
a.     Congress or the president may impose certain conditions before admitting a new state, including requiring changes in the drafted constitution submitted by a territory.
b.     Once the state is admitted, those conditions may be enforced only if they do not interfere with the new state’s authority to manage its own internal affairs like any other state.
C.     Equality of the states
a.     Once admitted to the union, each state is equal to the rest.
b.     No state has more privileges/fewer obligations than any other.

c.      Each state is legally separate from every other state in the Union.

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