History Chapter 4: Federalism Section 3 Flashcards

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?

No State can make unreasonable distinctions between its own residents and those persons who live in another State. Signup and view all the answers

How do the States work together to preserve the Union?

States make interstate compacts, offer full faith and credit to laws, extradite fugitives, and respect privileges and immunities of residents. Signup and view all the answers

What are two key exceptions to the Full Faith and Credit Clause?

It applies only to civil laws, not criminal laws, and a State can refuse to recognize a divorce granted to a person who does not reside there. Signup and view all the answers

Who has the authority to extradite a fugitive?

Typically a State governor asks another State governor to return any captured fugitives. Signup and view all the answers

What is meant by reasonable distinctions made by States?

States can require residency periods before granting rights such as voting and can impose higher fees for non-residents. Signup and view all the answers

Why might a State be restricted from making distinctions between its residents and those of another State?

It could lead to prejudiced treatment, conflict, and would violate the 14th Amendment Equal Protection Clause. Signup and view all the answers

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.

Description

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.