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  • - [Kim] Hey, this is Kim, from Khan Academy

  • and today, I'm learning about Article IV

  • of the U.S. Constitution.

  • Article IV lays out the nuts and bolts

  • of how Federalism, the system of shared governance

  • between states and the federal

  • government works in practice.

  • Article IV has four sections.

  • The first two, the Full Faith and Credit clause

  • and the Privileges and Immunities clause

  • talk about how states will treat each other's citizens

  • as well as they treat the citizens of their own states.

  • Then the third section is an Admissions clause

  • discussing how new states will be added to the Union

  • and the fourth section is the Guarantee clause,

  • which guarantees every state in the Union

  • a Republican form of government.

  • To learn more about Article IV

  • I sought out the help of two experts.

  • Erin Hawley is an Associate Professor of Law

  • at the University of Missouri.

  • Her scholarship focuses on the federal courts,

  • and she teaches Constitutional Litigation,

  • Tax Policy, and Agricultural Law.

  • Professor Gabriel Chin is the Director

  • of Clinical Legal Education at the UC Davis School of Law.

  • He's a teacher and scholar of Immigration Law,

  • criminal procedure, and race and law.

  • Professor Hawley, can you take us a little bit through

  • why the framers included Article IV?

  • What was its purpose?

  • - [Professor Hawley] The founders of the Constitution

  • were very concerned that the federal government

  • be one of limited powers

  • and, because of that, they saw the states

  • as having an active and critical role in placing

  • a check on the federal government.

  • So, we've got the three branches

  • and their own checks and balances

  • and then we've got the federal government

  • and the state government also playing a role in

  • checking and balancing each other.

  • They wanted to establish a

  • strong central government, but also to

  • ensure that it didn't have too much power,

  • and the states were critical to this effort.

  • Also, they very much wanted the states

  • to act collectively, not individually.

  • As you'll recall, the states had not been doing so well

  • under the loose Articles of the Confederation.

  • They'd sort of been going it alone

  • on critical issues like trade and defense

  • to the detriment of the Union.

  • So, Article IV is also

  • a, sort of, key to making sure that the states act,

  • sort of, as a unified whole,

  • rather than going it alone.

  • - [Professor Chin] It's one country made up

  • of diverse states, and

  • if you prefer the way

  • things are done in Nevada,

  • you can move there.

  • And if you think that some other state has a better set

  • of answers to the problems of modern life, you can move.

  • What the Full Faith and Credit clause and the

  • Privileges and Immunities clause are designed to do

  • is to facilitate transactions, to facilitate moving,

  • to facilitate communications and commerce

  • and trade and travel, among the states.

  • But that doesn't mean that what's going on

  • in each of the states can't be very, very different.

  • - [Kim] We often think of checks and balances

  • as being something that was designed

  • to be kind of horizontal.

  • That the Legislature and the Executive branch

  • and the Judicial branch,

  • just kind of all at the same level checking each other.

  • But there's also kind of this

  • vertical checks and balances happening, too,

  • between the power of the federal government,

  • the power of the states,

  • and the power of the local governments.

  • - [Professor Hawley] Absolutely; we've got the, the,

  • three branches and their checks and balances.

  • But we also have a strong central government

  • that's checked in large part by

  • strong, independent, sovereign governments

  • in each of the 50 states and these states

  • traditionally have what are known as Police Powers,

  • so they have a lot of inherent authority to govern

  • the people in those states, subject to federal law.

  • But it really does sort of place a check on

  • federal authority, and I think this is precisely

  • what the framers wanted because they did want

  • a strong government, but they also were very much

  • of the view that states were important,

  • that their own states were important

  • and they didn't want to lose that in the new,

  • new Constitution and new federal government.

  • - [Kim] There are four sections

  • in Article IV, and the first section

  • deals with Full Faith and Credit.

  • And it says Full Faith and Credit shall be given

  • in each State to the public Acts,

  • Records, and judicial Proceedings of every other State.

  • What does Full Faith and Credit actually mean?

  • - [Professor Chin] It's designed to make,

  • in a certain sense all of the states

  • of the United States part of a single system.

  • And, so, Full Faith and Credit means that

  • a court judgment, for example, in one state,

  • will be recognized in every state.

  • - [Professor Hawley] If you have a valid judgment in

  • New York, for example, and you move to California,

  • the California courts are required to give effect

  • to that judgment, to that state court judgment,

  • so long as it was validly issued.

  • There was a federal statute known as the

  • Defense of Marriage Act, or DOMA,

  • that was passed under President Clinton,

  • and recently the Supreme Court

  • struck that down as unconstitutional.

  • So now under Full Faith and Credit if you're married in one

  • state, you're married in another state as well.

  • - [Professor Chin] You can see the kinds of problems

  • that would exist if states

  • didn't honor the legal decisions

  • that were made by other states

  • such as, who's married or who's divorced?

  • Or who owns a particular piece of property?

  • Or whether a particular child

  • is going to be in the custody of one

  • parent rather than another?

  • And the Full Faith and Credit clause is designed to say

  • in order for our system

  • to work, as a unified whole,

  • while it's true that the courts of Georgia are

  • distinct from the Courts of New York, et cetera,

  • they're separate systems, but they have

  • to treat the work that each other does with respect.

  • - [Kim] If we move on to section two,

  • this says that the Citizens of each State

  • shall be entitled to all

  • Privileges and Immunities of Citizens in the several States.

  • What are these Privileges and Immunities?

  • - [Professor Hawley] The Privileges and Immunities clause

  • has been one that's subject to

  • a number of, sort of, debate,

  • in the courts and the academic literature.

  • But, basically, Privileges and Immunities have been

  • construed to be those sorts of things

  • that would go with citizenship.

  • So, the right to travel, for example,

  • is a Privilege and Immunity.

  • Those sorts of things.

  • - [Professor Chin] Occasionally in American history,

  • there have been moments where states

  • didn't wanna let citizens of other states come through,

  • so during the Depression

  • there was an effort by some states to

  • limit the migration of people from out of state to in state.

  • And the Supreme Court said that's not permissible.

  • It also protects the right to travel.

  • In 1999, the Supreme Court dealt with a case called

  • Saenz vs. Roe, and what that case was about is that

  • California had relatively generous

  • welfare benefits and California wanted to

  • set up its law

  • in such a way that it wouldn't encourage people

  • from other states to move to California

  • just to get the welfare benefits.

  • And, so, what they did is, they said,

  • that if you don't live in California,

  • if you're moving from out of state

  • and you apply for welfare benefits,

  • then we're gonna give you the welfare

  • benefits that you would have gotten

  • in your state for the first year.

  • We're not gonna give you the higher California benefits,

  • we're gonna give you whatever you would've gotten

  • where you came from.

  • That's unconstitutional and the Supreme Court said

  • that violates the Privileges and Immunities clause.

  • We're one county, one nation.

  • People are allowed to cross the borders whenever they want.

  • - [Kim] Interesting, but there's this second part of it

  • that says: 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 Service or Labour.

  • What is that all about?

  • - [Professor Hawley] That is one of the most unfortunate,

  • probably the most unfortunate clauses in our Constitution

  • and it's known as the Fugitive Slave clause

  • and that title is pretty descriptive.

  • If you have a slave, who is validly owned,

  • as it were in those days, under one states law and that

  • person escaped to a free state,

  • this clause gave the owner the right to

  • reclaim that slave and put them back

  • into, sort of, ownership in their own state.

  • - [Professor Chin] It is a sneaky way

  • of talking about slavery and

  • this compromise with slavery was necessary

  • to create the United States.

  • Slavery, the word, isn't used in the Constitution.

  • They only use these euphemisms,

  • these, sort of, complicated circumlocutions,

  • and there's an argument that there's a reason for that.

  • And the reason for that is

  • that a lot of the framers of the Constitution

  • didn't support slavery, opposed slavery.

  • They did think that it was important to have

  • a United States and to have a Constitution,

  • so they wanted to,

  • to do what was necessary to achieve that.

  • But they did the absolute minimum and they did it

  • in such a way

  • that, consciously, doesn't recognize

  • and legitimize the institution of slavery.

  • - [Kim] All right, so, then we get into

  • New States and Territories.

  • I think it was very forward-looking

  • of the framers to recognize that

  • new states wanna join the Union,

  • and then to provide a process for that.

  • Can you tell us a little bit about

  • what that process was like?

  • - [Professor Hawley] Article IV, Section Three, Clause One

  • provides the process for admitting new states.

  • Again, it recognizes that new states might

  • want to join the Union,

  • and it gives a wide latitude to Congress

  • for admitting new states.

  • Basically the process was that

  • a territory would indicate to the Congress

  • that it wished to become a state.

  • Then they would submit a constitution

  • and Congress would approve the new state.

  • But the Constitution, itself, in Article IV, places

  • some limitationa on that.

  • Some of the Eastern states were concerned

  • that the large Western territories

  • might become too influential.

  • They had a couple of provisions that no new state

  • could be created out of an old state,

  • nor could parts of states be combined

  • to form a new state unless there was consent

  • from all of the involved states.

  • - [Professor Chin] And it's not so clear that, that

  • purchase of territory from foreign governments

  • was a power that was granted in the Constitution to anyone.

  • Thomas Jefferson, who was the President

  • at the time of the Louisiana Purchase,

  • had doubts that the Louisiana Purchase was Constitutional.

  • He thought that it was a great idea to purchase