3 Interstate Relations

Interstate Relations
Objectives You may wish to call
students’ attention to the objectives
in the Section Preview. The objectives
Objectives Why It Matters Political are reflected in the main headings of
Dictionary the section.
1. Explain why States make interstate What if Texas citizens were not allowed to
compacts. travel into Oklahoma, or needed a special
Bellringer Ask students to suppose
★ interstate compact
2. Understand the purpose of the Full Faith passport to do so? What if your North that they are planning to drive to a
★ Full Faith and
and Credit Clause. Carolina driver’s license were not valid school team’s regional playoff three
Credit Clause
3. Define extradition and explain its when you drove through Ohio? ★ extradition
States away. Have them discuss how
purpose. Fortunately, several key provisions in the ★ Privileges and they would feel if they first had to get
4. Discuss the purpose of the Privileges Constitution promote cooperation between Immunities Clause a passport and a driver’s license from
and Immunities Clause. and among the States. each of the other States. Explain that
in this section, they will learn that
cooperation among States avoids
s you know, conflict among the States was a all 50 States have joined in two of them: the such time-consuming chores.
A major reason for the adoption of the Con-
stitution in 1789. The fact that the new document
Compact for the Supervision of Parolees and
Probationers and the Compact on Juveniles.
Vocabulary Builder Write each term
from the Political Dictionary on the
strengthened the hand of the National Govern- These two compacts enable States to share impor- board. Have students try to define
ment, especially regarding commerce, lessened tant law-enforcement data. Other agreements each by using the meanings of the
many of those frictions. So, too, did several of the cover a widening range of subjects. They include, individual words or word parts. Ask
Constitution’s provisions that deal directly with for example, compacts designed to coordinate students to check their definitions as
the States’ relationships with one another. This the development and conservation of such they read the text.
section is concerned with those provisions. resources as water, oil, wildlife, and fish;
prevent forest fires; combat stream and harbor
pollution; provide for tax collections; promote Pressed for Time?
Interstate Compacts motor vehicle safety; facilitate the licensing of
No State can enter into any treaty, alliance, or drivers; and encourage the cooperative use of
confederation. However, the States may, with public universities.
Quick Lesson Plan
the consent of Congress, enter into interstate 1. Focus Tell students that the
compacts—agreements among themselves and Constitution promotes smooth relations
with foreign states.15 among States. Ask students to discuss
By 1920, the States had made only 26 com- what they know about interstate rela-
pacts. Since then, the number of interstate com- tions and the laws governing them.
pacts has been growing. New York and New 2. Instruct Ask students what would
Jersey led the way in 1921 with a compact cre- happen if someone robbed a bank in
ating the Port of New York Authority to manage your State and escaped across the
and develop the harbor facilities bordering border into another State. Have stu-
both States. More than 200 compacts are now in dents offer similar examples of how
force, and many involve several States. In fact, States cooperate through compacts,
the Full Faith and Credit Clause, and
the Privileges and Immunities Clause.
15
Article I, Section 10, Clause 3. The Supreme Court has held that 3. Close/Reteach Remind students
Congressional consent is not needed for compacts that do not tend that constitutional provisions help
to increase the political power of the States, Virginia v. Tennessee,
1893. But it is often difficult to decide whether an agreement is polit- avoid interstate conflict. Then have
ical or nonpolitical. So, most interstate agreements are submitted to
Seven western States belong to the Colorado River Compact, which students list the four provisions
Congress as a matter of course. apportions the waters of the Colorado River Basin. regarding interstate relations, explain
each, and provide an example of how
conflict is avoided.

Block Scheduling Strategies

Consider these for
Customize suggestions to manage extended ■ Discuss the Full Faith and Credit Clause, extra-
class time: dition, and the Privileges and Immunity Clause
More Advanced
■ Assign Students
each student a State to research in order with the class. Organize the class into groups of
to determine
Have at least research
students conduct one interstate compactthe
to investigate that three, assigning one of the above agreements to
the assigned
changing State
role of thehas entered
Speaker (links
of the may be
House. found
(You each student. Have each student create scenarios
at www.phschool.com).
may wish to assign each studentHave each student
a specific speaker.) describing what would happen if States didn’t
create a summary of the scope of
Ask students to summarize their research the agreement(s)
in brief honor the assigned agreement. Have students
he or she
reports andresearched.
then lead a Have students
discussion present
on the infor-
changing share their scenarios with their groups, and write
mation on their agreements to the class. Finally,
role. brief summaries of the importance of all three
lead a class discussion on the importance of types of agreements. Finally, have each group
interstate compacts. share a scenario with the entire class.
105
 Chapter 4 • Section 3
Full Faith and Credit In a similar vein, a person can prove age,
place of birth, marital status, title to property,
The Constitution commands that and similar facts by securing the necessary
Reading Strategy
documents from the State where the record
Predicting “be Full Faith and Credit shall
given in each State to the was made. The validity of these documents
Ask students to quickly skim the public Acts, Records, and judicial will be recognized in each of the 50 States.
section, paying particular attention
to headings, subheadings, boldfaced
Proceedings of every other State. ”
—Article IV, Section 1 Exceptions
words, and graphics. Have them The Full Faith and Credit Clause is regularly
The term public acts refers to the laws of a observed and usually operates routinely
write down predictions about what State. Records refers to such documents as birth
they will learn concerning relations between and among the States. This rule has
certificates, marriage licenses, deeds to property, two exceptions, however. First, it applies only
between States. Ask them to make car registrations, and the like. The words judicial
any necessary corrections to their pre- to civil, not criminal, matters. One State can-
proceedings relate to the outcome of court not enforce another State’s criminal law.
dictions after they have read the text. actions: damage awards, the probating (prov- Second, full faith and credit need not be given
ing) of wills, divorce decrees, and so forth. to certain divorces granted by one State to res-
A C T I V I T Y The Full Faith and Credit Clause most often idents of another State.
comes into play in court matters. Take this On the second exception, the key question
Extended Class Periods example: Allen sues Bill in Florida, and the is always this: Was the person who obtained
Time 90 minutes. Florida court awards Allen $50,000 in damages. the divorce in fact a resident of the State that
Purpose Explore interstate relations. Bill cannot escape payment of the damages by granted it? If so, the divorce will be accorded
Grouping Three to five students. moving to Georgia, because Allen could simply full faith and credit in other States. If not, then
Activity Have each group create a ask the Georgia courts to enforce the damage the State granting the divorce did not have the
“new” State that lies within the award. Neither would the case have to be retried authority to do so, and another State can
current boundaries of the U.S., in Georgia. Instead, the Georgia courts would refuse to recognize it.
providing its location, population, have to give full faith and credit to —recognize
and most abundant resources. Each and respect the validity of—the judgment made Williams v. North Carolina
group should make a list of 5–10 by the Florida court. The matter of interstate “quickie” divorces
State laws that are most important has been troublesome for years, especially
to the State’s people. since the Supreme Court’s decision in a 1945
Roles Discussion leader, recorder, case, Williams v. North Carolina. In that case,
spokesperson. a man and a woman had traveled to Nevada,
Close Encourage spokespersons from where each wanted to obtain a divorce so they
the different groups to meet to dis- could marry each other. They lived in Las
cuss interstate compacts or other Vegas for six weeks, the minimum period of
agreements that would benefit both State residence required by Nevada’s divorce
parties. Lead a discussion about how law. The couple received their divorces, were
the Constitution has eased tension married, and soon after returned to North
among States by promoting coopera- Carolina. Problems arose when that State’s
tion among them. authorities refused to recognize their Nevada
Block Strategy divorces. North Carolina brought the couple
(Average) to trial and a jury convicted each of them of
the crime of bigamous cohabitation (marrying
and living together while a previous marriage
Point-of-Use Resources is still legally in effect).
On appeal, the Supreme Court upheld North
Guided Reading and Review Unit 1 Carolina’s denial of full faith and credit to the
booklet, p. 31 provides students with
Full Faith and Credit The Full Faith and Credit Clause Nevada divorces. It ruled that the couple had not
practice identifying the main ideas ensures that records such as birth certificates and marriage in fact established bona fide—good faith, valid—
and key terms of this section. licenses are recognized in all 50 States. residence in Nevada. Rather, the Court held that

Lesson Planner For complete

lesson planning suggestions, see the
Lesson Planner booklet, section 3.
Organizing Information
Political Cartoons See p. 17 of To make sure students understand the main Teaching Tip A template for this graphic organizer
the Political Cartoons booklet for a points of this section, you may wish to use the can be found in the Section Support
cartoon relevant to this section. web graphic organizer to the right. Transparencies, Transparency 1.

Government Assessment Rubrics Tell students that a web shows a main idea and
Cooperative Learning Project: its supporting details. Ask students to use the
Process, p. 20 web to outline details about interstate relations,
including compacts, Full Faith and Credit,
extradition, and privileges and immunities.

106
 Chapter 4 • Section 3
This clause refers to extradition, the legal
process by which a fugitive from justice in one
State is returned to that State. Extradition is
designed to prevent a person from escaping Background Note
justice by fleeing a State. Constitutional Issues
The return of a fugitive from justice is usually
a routine matter; governors regularly approve When the Governor of Iowa refused
the extradition requests they receive from other Puerto Rico’s request for extradition of
States’ chief executives. Some of those requests, an accused murderer in 1981, Puerto
however, are contested. This is especially true Rico filed suit in Federal District Court
in cases with strong racial or political overtones, claiming violation of the Extradition
and in cases of parental kidnapping of children Clause of the Constitution and the
involved in custody disputes. Extradition Act. The Court dismissed
Until the 1980s, governors could, and on the case, citing Kentucky v. Dennison.
occasion did, refuse to return fugitives. In In Puerto Rico v. Branstad, 1987, the

Each State requires that those who operate motor vehicles Kentucky v. Dennison, 1861, the Supreme Court Supreme Court reversed, holding that
be licensed to do so. Critical Thinking Why is it possible to held that the Constitution did not give the Federal Dennison “can stand no longer.” The
drive across the country without having to obtain a dri- Government any power with which to compel a Court noted that Dennison involved
ver’s license in each State along the way? assisting escaped slaves, and had
governor to act in an extradition case. So, for
more than a century, the Constitution’s word shall been heard in 1861 when “the practical
the couple had remained legal residents of North in the Extradition Clause had to be read as “may.” power of the Federal Government was
Carolina. In short, it found that Nevada lacked The Court overturned this ruling in 1987, at its lowest ebb” and “secession was
the authority to grant their divorces. however. In Puerto Rico v. Branstad, a unani- a fact, and civil war a threatening pos-
A divorce granted by a State court to a bona mous Court held that the federal courts can sibility.” The Court concluded that
fide resident of that State must be given full faith indeed order an unwilling governor to extra- “Kentucky v. Dennison is the product of
and credit in all other States. To become a legal dite a fugitive. another time” and that its conception
resident of a State, a person must intend to reside of the relationship between the States
there permanently, or at least indefinitely. Clearly, and Federal Government “is fundamen-
the Williamses had not intended to do so. Privileges and Immunities tally incompatible with more than a
The Williams case, and later ones like it, The Constitution also provides that century of constitutional development.”
cast dark clouds of doubt over the validity of Additionally, the Court found “that the
thousands of other interstate divorces. The “shallThebe Citizens of each State
entitled to all Priv- right given to ‘demand’ implies it is an
later marriages of people involved in these absolute right; and it follows that there
ileges and Immunities of Citizens in the
divorces, and the frequently tangled estate must be a correlative obligation to
problems produced by their deaths, suggest the
several States. ” —Article IV, Section 2, Clause 1 17 deliver.”
confused and serious nature of the matter.16
This clause, known as the Privileges and Immunities
Clause, means that no State can draw unreason-
Extradition able distinctions between its own residents and Point-of-Use Resources
According to the Constitution those persons who happen to live in other States.
Each State must recognize the right of any Section Support Transparencies
“StateA with
Person charged in any
Treason, Felony, or
American to travel in or become a resident of Transparency 20, Visual Learning;
that State. It must also allow any citizen, no Transparency 119, Political Cartoon
other Crime, who shall flee from Justice, and
matter where he or she lives, to use its courts
be found in another State, shall on Demand
and make contracts; buy, own, rent, or sell
of the executive Authority of the State from
property; or marry within its borders.
which he fled, be delivered up, to be removed
to the State having Jurisdiction of the 16The Defense of Marriage Act, passed in 1996, declares that no
Crime. ” — Article IV, Section 2, Clause 2
State is required to recognize a same-sex marriage performed in
another State. It has not yet (2005) been tested in court.
17The provision is reinforced in the 14th Amendment.

Answer to . . .
Critical Thinking The Privileges and
Immunities Clause says that States
may not draw unreasonable dis-
tinctions between its own residents
and nonresidents.

107
 Chapter 4 • Section 3

Point-of-Use Resources
Guide to the Essentials Chapter
4, Section 3, p. 30 provides
support for students who need addi-
tional review of section content.
Spanish support is available in the
Spanish edition of the Guide on p. 23.

Quiz Unit 1 booklet, p. 32

includes matching and multiple- Under the Privileges and Immunities Clause, colleges and universities often charge higher
choice questions to check students’ rates for nonresidents than residents. The University of California, Los Angeles, for example,
understanding of Section 3 content. charged residents tuition and fees of $6,585 and nonresidents $23,541 in 2004–2005.
Critical Thinking Do you think that this practice is justified? Explain your answer.
Presentation Pro CD-ROM Quizzes
and multiple-choice questions At the same time, a State cannot do such person live within the State for some time before
check students’ understanding of things as try to relieve its unemployment prob- he or she can vote or hold public office. It also
Section 3 content. lems by requiring employers to give a hiring pref- can require some period of residence before one
erence to in-State residents. Thus, the Supreme can be licensed to practice law, medicine, den-
Court struck down a law in which the State of tistry, and so on.
Answers to . . . Alaska directed employers to prefer Alaskans in In another example, the wild fish and
the hiring of workers to construct that State’s oil game in a State are considered to be the com-
Section 3 Assessment and gas pipelines, Hicklin v. Orbeck, 1978. And mon property of the people of that State. So,
the Court has overturned a California law that a State can require nonresidents to pay high-
1. Treaties, alliances, and confedera- set the welfare benefits paid to newly arrived res- er fees for fishing or hunting licenses than
tion. idents at a lower level than those paid to long- those paid by residents—who pay taxes to
2. It is a requirement that each State term residents, Saenz v. Roe, 1999. provide fish hatcheries, enforce game laws,
accept the public acts, records, and However, the Privileges and Immunities and so on. By the same token, State colleges
judicial proceedings of other States. Clause does allow States to draw reasonable dis- and universities regularly set higher tuition
3. Extradition is meant to prevent a tinctions between its own residents and those of rates for students from out-of-State than
fugitive from being able to escape the other States. Thus, any State can require that a those they charge residents of the State.
law just by fleeing to another State.
4. (a) Traveling to or becoming a
resident of another State; using a
State’s courts; buying, owning, rent-
ing, or selling property; marrying Key Terms and Main Ideas 6. Drawing Inferences Provide at least two examples of how
within State borders. (b) Giving hir- 1. What agreements does the Constitution prohibit the States the Privileges and Immunities Clause has affected your life
ing preferences to residents; lowering from making? or might do so in the future.
welfare benefits for nonresidents; 2. What is the meaning of the Full Faith and Credit Clause?
3. What is the purpose of extradition?
setting higher fees for nonresidents 4. (a) Give at least two examples of actions protected under
using common property of the State. the Privileges and Immunities Clause. (b) What types of PHSchool.com
5. Answers will vary. Students might actions are not protected by this clause?
For: An activity on interstate
suggest that each State would try and compacts
Critical Thinking
respect each other’s acts; others might Visit: PHSchool.com
5. Predicting Consequences What difficulties might result if
say that States would not respect each each State were not required to give full faith and credit to the Web Code: mqd-1043
other’s acts as they got caught up in public acts, records, and judicial proceedings of other States?
economic competition. Provide at least two examples to support your conclusion.
6. Answers will vary. Examples that
are likely to affect students include
interstate travel, marriage, purchase
or rental of property, attendance at
State universities, or obtaining pro-
fessional or recreational licenses.
7. Direct students to access Web Code mqd-1043 at
PHSchool.com. This Web Code will take students
Answer to . . . directly to the instructions and links needed to com-
plete the section activity.
Critical Thinking Answers will vary,
but should address the issue of
whether colleges and universities
should be considered a State’s
“common property.”

108