The Constitution of the United States Part 7: "State relationships"

Article IV of the Constitution lays out how states will interact with each other. Under the Articles of Confederation, States were held in "loose friendships" and almost acted as small, independent countries with various rules governing how states would interact with each other. As with most issues under the Articles of Confederation, the States needed a "mom" or "dad" to help settle disputes. Enter the U.S. Constitution, Article IV.

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.

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This basically says that each state must recognize laws, records, and court decisions that were made in other states. This doesn't mean that they have to be enforced the same, nearly recognized. For instance, a person who has a Michigan driver's license will be allowed to drive in all other states. Each state recognizes that Michigan drivers license as a public record and honors it. 

However, a Michigan hunting license will not have the same effect in Wisconsin. Although Wisconsin will recognize that a person has the right to hunt as in every other state, they have their own licensing procedure that individuals must adhere to.

Section 2: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

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.

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 section lays out the rights of citizens as they travel. The first clause states that citizens can travel from state to state and still have all the rights of every other citizen. The best way I can illustrate this is to think of Europe. If you travel from Germany to France, you will not be subject to the same set of rules and rights. They are two independent countries that operate as such, much like how states functioned under the Articles of Confederation. Under the United States, there are rules and rights that are granted to all Americans, regardless of state. Clause one of section two makes that clear.

Claus two goes in the other direction. You have rights that are prevalent in all states, but if you commit a crime in one state and try to go to another state in order to escape from the consequences, you will be returned. For example: If you rob a bank in Iowa, then travel to Colorado and get caught, clause two states that if Iowas ask for you back, you will be sent back to Iowa, because they have jurisdiction of the crime.

Clause three is known as the "Fugitive Slave Clause" and provides a way for slave owners to recover escaped slaves who cross into non-slave states. If a slave from Missouri (A Slave State) escaped into Illinois (A Free State), that slave would be considered "free" unless the slave owner were to find that slave and provide a certificate of ownership, then the slave would be taken back to their owner in Missouri. This was a fine-line walked by the Constitutional convention, allowing for escaped slaves to be free as in clause one, while allowing for extradition as in clause two.

Ratification of the 13th Amendment on December 6, 1865, rendered clause three obsolete.

Section 3: New States may be admitted by the Congress into this Union; but no new State 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.

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.

With only 13 states ratifying the Constitution, the founders knew that America would expand. The first sentence lays it all out. Congress may admit new states! Notice that there is no indication of how they are to do this! It was decided at the convention to let the elected congress figure it out. Most of the time, a state was admitted after being a territory for a while, but not always. California for instance was never a U.S. territory. 

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The second part of clause one is very interesting. Living in the Upper Peninsula of  Michigan, there are always people that think we should become the 51st state. Not a bad idea! But what does the constitution say about it? 

In order to become the 51st state, the U.P. would have to get the content of the states concerned, Michigan for sure, and also Wisconsin. Wisconsin because they would no longer share a border with Michigan. What about states that share the border of Lake Superior and Lake Michigan? My guess is that their state legislators would have an opinion. Once it was okayed by all the states involved, the U.S. Congress would also have to agree. Although possible, the founders wanted to make it difficult on purpose noting that a state could only be divided into multiple states with the content of everyone involved. This limited congress while empowering the states. 

Clause two of section three sets up the development of U.S. territories. This was widely used in the Americas early days when it was expanding. Basically, it states that Congress can set up a government for territories and rule them at the federal level, but until they achieve statehood, they will have no representatives at the federal level. This allowed for territories to achieve a "rolling start" into statehood by establishing a governing body and following federal guidelines until they were admitted as a state and could send representatives to congress.

Section 4: 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.

This section sets a limitation on the states that they must have a Republican form of government. That means that they must choose state and local governments by some form of election. It is not specified how they do this, only that it be done. This gave the states flexibility in how they set up their governments as long as they fit within the guidelines of a republic, meaning that leaders are elected and that the state is ruled by laws. 

The second part of section four spells out two of the principals laid out in the preamble, "Provide for the Common Defense" and "Promote Domestic Tranquility." Basically, it is the job of the federal government to protect the states from foreign governments and from each other.

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Here is a link to the U.S. Constitution.

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Resources:

Hart, D., Bower, B., & Lobdell, J. (2002). History alive. Palo Alto, CA: Teachers Curriculum Institute.

Other various sources.

https://constitutionus.com/