Wednesday, September 4, 2013

Defining Interstate Relations and Defining Constitutional Powers

While the Constitution allows a certain amount of autonomy for the states, it also lays out specific rules for how the states must interact with one another as a part of this Union.

Interstate Relations - Article IV
A4 S1 - give full faith and credit to every other state's public acts, records, and judicial proceedings
  full faith & credit clause
As long as the conditions surrounding the record, act, license, etc. are similar between the states, each state is expected to recognize the records, judicial rulings, licenses, of other states (rule of reciprocity)

A4 S2 - extend to every other state's citizens the privileges and immunities of its own citizens
  privileges & immunities clause
A state cannot discriminate against a citizen of another state in the application of law just because they are from another state

A4 S2 - agree to return persons who are fleeing from justice in another state back to their home state
  extradition clause
States must be willing to extradite persons fleeing justice when requested and not knowingly harbor them

Defining Constitutional Power
Since the federal court system has the power to interpret the Constitution (What's that called? Where did it come from?), it stands to reason that they would be the ones to define the limits of Constitutional power when it is in dispute.

McCulloch v Maryland - 1819
  - at question: the necessary & proper clause
  - decision defines: validity of n&p clause; supremacy clause
McCulloch v Maryland: Part 1


McCulloch v Maryland: Part II


Gibbons v Ogden - 1824
  - at question: state power v national power
  - decision defines: extension of commerce clause