States and TerritoriesARTICLE FOUR (IV)

SECTION 1 | “Full Faith & Credit”• Each state is to extend “full faith and credit” to the public acts,

records, and court proceedings.• Each states must recognize and not disallow the laws, records, and

court actions of each state.• This includes such things as:• A person’s will• Recognition of right to inspection• Marriages• Other licenses (e.g. teaching, electrician, etc.)

Disagreements between States• Drinking Laws (Drinking Act of 1984)• Gun Laws• Prostitution• Self-Defense Laws• Three Strike Laws• Capital Punishment• Marriage & Divorce

Marriages|• Massachusetts Supreme Judicial Court ruled that the state must

extend the same rights, privileges, and protections to homosexual marriages as it did to heterosexual.• Many assumed that ALL states were required to recognize marriages,

but this was not the case:• Sates are required to recognize laws that do not violate their own.• States have always defined legal marriages for themselves (e.g. age limits,

relations, etc.)• States is not an act of the Legislature (law), it is a license that is regulated by

the Legislature.

FMA| Federal Marriage Amendment• The Federal Marriage Amendment (FMA) (also referred to by proponents

as the Marriage Protection Amendment) is a proposed amendment which would define marriage as a union of one man and one woman. • An amendment to Constitution requires 2/3 vote of both houses and

ratification by 3/4 of the states. • The last Congressional vote July 18, 2006, when the Amendment failed 236

to 187, falling short of the 290 votes required for passage. • The Senate has only voted on cloture motions with regard to the proposed

Amendment, the last of which was on June 7, 2006, when the motion failed 49 to 48, falling short of the 60 votes required to allow the Senate to proceed to consideration of the Amendment and the 67 votes required to send the amendment to the states.

SECTION 2| Privileges and Immunities• State cannot discriminate against citizens of other states in terms of

the legal rights and protections afforded them. • States cannot prevent travel between states and visitors are afforded

the same rights and protections citizens have. • States can establish differences between residents & non-residents.• States must extradite criminals who have fled to other states when

the governor requests it.• States cannot grant freedom to fugitive slaves who have fled to free

states (Compromise of 1850).

SECTION 3| TerritoriesCongress is empowered to admit new states into the union with some restrictions including:• No new state may be formed within an existing state (exception was

West Virginia During Civil War)• No new state may be formed by joining two or more states or

portions of states unless the State legislatures involved and federal Congress must agree

Northwest Ordinance of 1787 enacted, PRIOR to the ratification of Constitution , allowed for a petition of statehood once a territory reached 60,000 in population. Congress can put conditions on statehood (e.g. Utah/Polygamy; Arizona/Judge Recall, etc.)

What’s the deal with Texas?1. Texas as an independent nation for a decade (Republic of Texas)2. Texas has its own Presidents and currency.3. If Texas were a nation, it would be the 46th largest country in

population with the 13th largest economy (comp. Australia)4. For most states it would be a financial disaster; but Texas gives more

money to federal government than it receives. 5. Based on its own Constitution, Texas could break up into five states

without permission of Congress.

What’s the deal with Texas?

But can Texas secede?1. No. The Constitution does not detail a process for a state to leaven

the Union.2. The Supreme Court decided that the Constitution did not permit

states to secede from the union in Texas vs. White (1869)3. If they wanted to secede they would have to:

1. Declare war2. Convince Congress to amend Constitution3. AND/convince constituency to vote independence

SECTION 3| Territories• "Under International Law the United States and other nation-states

may acquire additional territory in several ways, including occupation of territory that is not already a part of a state; conquest, where allowed by the international community; cession of land by another nation in a treaty; and accretion, or the growth of new land within a nation's existing boundaries.• The territories of the United States are directly overseen by the

United States federal government, in contrast to the states, which share sovereignty with the federal government. The five major territories are self-governing with locally elected governors, territorial legislatures and delegate Members of Congress.

SECTION 4| Federal Guarantees to StatesThe United States must guarantee a republican form of government to every state including a government of elected representatives, limited powers, separated branches of government, etc.

The United States must guarantee a protection from foreign invaders and domestic violence.