The People's U.S. Constitution: Article IV, The States
Posted: Thursday, November 13, 2008
by Jeff Brown
Inner Projection
In the old pre-Constitutional days, states sometimes treated each other more like individual countries than they did united states. So therefore, Article IV. After it was written, even if there were disagreements between states, Article IV required them to acknowledge and accept the laws.
Section 1: Each State to Honor all others
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.
Regarding this clause, the most controversial issue entails the definition of marriage. This issue has specifically come to the forefront after the gay demonstrations that turned violent in Los Angeles regarding Proposition 8: how the state defines marriage. However, no matter how you slice it, there appears to be no happy medium for the two sides in this battle.
In 1996, Congress passed the Defense of Marriage Act that defined marriage as being between a woman and a man. This allowed states to refuse to recognize same-sex marriage couples from other states. However, some gay-rights activists say that according to the 14th Amendment guarantee of equal protection of laws, the DOMA Act is unconstitutional. Even though some states like Vermont have passed a law creating civil unions for same-sex marriages, this controversy if far from over.
Section 2: State citizens, Extradition
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
Basically, this clause disallows discrimination of citizens of other states. For example, you can teach in another state but you may, if you're a high school teacher for instance, be required by the hiring state to be recertified. But the Court hasn't said much about this clause so let's move on.
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.
Here alone we can attest to the arbitrary nature of the Court. Initially, the Supreme Court said that it didn't have the power to require states to extradite or give up a convict to another state (1861). Then in 1987, the Supreme Court said, "Changed our minds" and told governors that they had to give up criminals. Such is life in the "law of the land."
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. (This clause superseded by the 13th Amendment.)
Not much here, since it deals with slavery. This clause was made a moot point by the Thirteenth Amendment. Since this is not a history course, if you need more on this, I'm sorry, I'm not supplying.
Let's move on.
Section 3: New States
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.
Not much chance of this happening these days, unless Texas or California would like to trim down a bit. But little did you know this has been done before: for example, Vermont from New York (now you know why there's so many Yankee fans in Vermont!), Maine from Massachusetts, Tennessee from North Carolina. And you know about West Virginia, right? It desired to stay in the Union, and after the Civil War Virginia agreed to the split.
Did you know that the District of Colombia wanted to be a state in 1980? I certainly don't remember this. I guess it wasn't big news in Connecticut at the time. But since Congress has to agree, it never happened. As a matter of fact, the petition for statehood never even got out of the House. Sorry, D.C.
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.
Basically, Congress is the big House when it comes to land. It has legislative power over all U.S. property and territory. However, the thank-heavens-for-the-Bill-of-Rights clause applies here. Well, that's my clause, but thank heavens for it. Basically, the BORs steps in and protects the individual from just having to give up land or rights to Congress because it simply says so. And we know how important land is, right? You're familiar with this phrase? "All men have equal rights to life, liberty, and the pursuit of happiness." Well, that happiness part used to be right to property, according to John Locke. A man's home is his castle, yes? You got it.
Let's move on.
Section 4: Republican government
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Wherever you live, regardless of statehood, you have a right to a "Republican Form of Government." Now, don't get huffy with your "down with the man" attitude there. A republic actually, according to big-brain Founding Father James Madison, is one that gets its power "directly or indirectly from the great body of the people." Is that so bad, Mr. down-with-the-man, man?
But it appears that the framers were all talk no action, for they never specifically defined this "republican government" or who was responsible for enforcing it. But as I said before, all that convening must have gotten to them. And I guess that they figured they'd be dead anyways, why not let our ancestors have a little of the fun and figure out the specifics. "Hell, we've got a new country to get up and running. We damn well don't have all day to work out the specifics" they said with Constitutional angst.
And I'm sure there's more I could say not only about this clause but about this article, but I've got a life to live here and I damn well don't have all day to give you more specifics, he said with constipated angst (sorry, the truth's out).
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