Questions and Answers
What is an interstate compact?
An agreement made between two States or between a State and a foreign government.
What does the Full Faith and Credit Clause require?
Each State will respect the laws, records, and court decisions of other States.
What is extradition?
The legal process of returning a fugitive to a State.
What does the Privileges and Immunities Clause state?
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How do the States work together to preserve the Union?
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What are two key exceptions to the Full Faith and Credit Clause?
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Who has the authority to extradite a fugitive?
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What is meant by reasonable distinctions made by States?
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Why might a State be restricted from making distinctions between its residents and those of another State?
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Study Notes
Interstate Compact
- An agreement made between two States or a State and a foreign government.
- Interstate compacts have increased over time, addressing issues like law enforcement cooperation and environmental challenges.
Full Faith and Credit Clause
- Requires each State to respect and enforce the laws, records, and court decisions of other States.
- Documents such as birth certificates must be accepted across State lines.
- Applies only to civil laws, not criminal laws; e.g., a divorce granted by one State may not be recognized in the residence State.
Extradition
- Legal process ensuring a fugitive charged with a crime in one State is returned from another State.
- Typically initiated by one State's governor requesting assistance from another State's governor.
- In cases of dissent, the federal government can mandate extradition.
Privileges and Immunities Clause
- Prohibits States from making unreasonable distinctions between residents and non-residents.
- Ensures all Americans can travel, reside, marry, and access courts within any State.
Reasons States Work Together
- States form interstate compacts to cooperate on mutual concerns.
- Honor the Full Faith and Credit Clause to respect legal decisions and documents of other States.
- Facilitate extradition of fugitives and uphold the Privileges and Immunities Clause.
Same-Sex Marriage and Divorce
- Only the State where residency is established can grant a divorce.
- Federal government and 41 States outlaw same-sex marriages; however, some allow legal same-sex marriages or civil unions.
- Defense of Marriage Act (DOMA) prohibits forced recognition of same-sex marriages from other States, with its constitutionality still under examination.
Reasonable Distinctions
- States can impose reasonable distinctions, such as residency requirements for voting or professional licensing.
- Higher fees may be charged to non-residents engaging in in-State activities like hunting or attending public universities.
Potential Issues with Distinctions
- Unreasonable distinctions can lead to discrimination and conflict between States.
- Such practices may infringe on the 14th Amendment's Equal Protection Clause, prompting legal challenges.
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Test your knowledge on the key concepts of federalism with these flashcards from History Chapter 4. From interstate compacts to the Full Faith and Credit Clause, this quiz covers important terms and definitions that define state relations. Perfect for students looking to understand U.S. federalism better.