Article IV - Interstate Relations

Article IV defines the relationships among the states and between states and the federal government, ensuring national unity while preserving state sovereignty.

🇺🇸 ARTICLE IV — FULL TEXT + COMPLETE TICRI BREAKDOWN

The States — Relations Between States, New States, Federal Guarantees

🇺🇸 SECTION 1 — FULL FAITH AND CREDIT

1. Exact Text (Verbatim)

“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.”

2. Plain English

Every state must honor the legal records and court decisions of every other state. Congress can set rules for how those records must be recognized.

3. What It Does

Guarantees interstate recognition of:

court judgments
civil orders (custody, protection orders, damages)
public records
official documents

Congress can regulate the “proof and effect” of these records.

4. Limits

States do not have to enforce each other’s criminal laws.
States do not have to adopt other states’ public policies.
States may reject judgments lacking jurisdiction.

5. Supreme Court Highlights

Mills v. Duryee (1813) — judgments are enforceable nationwide.

Baker v. GM (1998) — strong for judgments, weak for laws.

Williams v. NC (1942) — states may challenge jurisdiction.

6. Amendments

14th Amendment affects marriage/travel recognition.

No direct modification of the clause itself.

7. TICRI Summary

This clause prevents the U.S. from becoming 50 disconnected countries. It forces interstate legal continuity while preserving state autonomy.

🇺🇸 SECTION 2 — PRIVILEGES & IMMUNITIES, EXTRADITION, FUGITIVE SLAVES

1. Exact Text (Verbatim)

“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”

“A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.”

(Fugitive Slave Clause—now void) “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 such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.”

🇺🇸 Clause 1 — Privileges and Immunities

Plain English

States cannot discriminate against citizens of other states in fundamental rights.

What It Does

Protects interstate equality.

Prevents states from:

denying access to courts
denying ability to work
discriminating in fundamental liberties

What It Does NOT Do

Does not prevent:

in-state tuition differences
hunting/fishing licenses
professional licensing differences
state taxes applying to nonresidents

Key Supreme Court Cases

Corfield v. Coryell (1823) — defines fundamental rights.

Saenz v. Roe (1999) — right to travel (14th Amendment).

McBurney v. Young (2013) — FOIA access not protected.

🇺🇸 Clause 2 — Extradition

Plain English

A person charged with a crime who flees to another state must be returned when requested.

What It Does

Mandates cooperation between states on criminal fugitives.
Governors must extradite (cannot refuse for political reasons).

Key Case

Puerto Rico v. Branstad (1987) — courts can force governors to extradite.

🇺🇸 Clause 3 — Fugitive Slave Clause (Abolished)

Plain English

Escaped enslaved people had to be returned. This clause became unconstitutional after the 13th Amendment.

Modern Status

Void
No legal force
Included only for historical transparency

🇺🇸 SECTION 3 — NEW STATES, FEDERAL TERRITORIES

1. Exact Text (Verbatim)

“New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.”

“The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.”

🇺🇸 Clause 1 — New States

Plain English

Congress can admit new states. New states cannot be created from existing states unless both the affected state(s) and Congress agree.

What It Does

Congress has exclusive authority to admit states.

Protects states from:

being split
being merged
losing territory

Allows:

Alaska, Hawaii
Theoretical admission of territories (e.g., Puerto Rico)

What It Does NOT Do

Does not require Congress to admit any territory.
Does not allow unilateral secession.
Does not allow states to break apart themselves.

🇺🇸 Clause 2 — Territories & Federal Property

Plain English

Congress controls federal territories and property. Congress decides their rules and management.

What It Does

Gives Congress complete power over:

federal lands
territories
national parks
military bases
D.C. (before the 23rd Amendment & Article I rules)

Basis for:

governing territories before statehood
land management laws
Bureau of Land Management authority

What It Does NOT Do

Does not limit size of federal lands.
Does not require territories to become states.
Does not give territories voting representation in Congress.

🇺🇸 SECTION 4 — THE GUARANTEE CLAUSE

1. Exact Text (Verbatim)

“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”

🇺🇸 Guarantee Clause Breakdown

Plain English

The United States guarantees every state a republican government (representative, elected). The federal government must protect states from foreign invasion. The federal government may help states deal with internal violence if the state asks.

What It Does

✔ A. Guarantees Republican Government

States must have:

elected leadership
no monarchy
no dictatorship
no hereditary rule

✔ B. Guarantees Protection from Invasion

The federal government must defend states.

✔ C. Protection from Domestic Violence

Federal intervention allowed when:

the state legislature requests help, OR
the governor requests help (if legislature cannot meet)

What It Does NOT Do

Does not define “republican.”
Does not allow federal intervention without request (except via other constitutional powers).
Does not require federal aid if no request is made.
Does not give citizens a right to sue under this clause.

Supreme Court Highlights

Luther v. Borden (1849) — Guarantee Clause is a political question — not enforceable in court.

Texas v. White (1869) — States cannot secede; they are guaranteed a republican government.

Pacific States Telephone (1912) — Guarantee Clause claims cannot be litigated.

Amendments Affecting This Section

None. The clause stands as originally written.

🇺🇸 TICRI SUMMARY — ARTICLE IV

Article IV defines the relationship among the states and between the states and the federal government:

Section 1 — Full Faith and Credit

States must honor each other’s laws and judgments.

Section 2 — Privileges & Immunities, Extradition

States cannot discriminate against citizens of other states; fugitives must be returned; the fugitive slave clause is now void.

Section 3 — New States & Territories

Congress alone admits states and regulates federal territory.

Section 4 — Guarantee Clause

The U.S. guarantees republic government and protects states from invasion and domestic violence.

Article IV creates a unified nation from separate states while preserving state sovereignty, ensuring legal continuity across state borders, and providing federal protections for democratic governance.