Federalism is not only about the nation and the states; it is also about how fifty states treat each other. Article IV (which you read earlier) sets the rules, so the states act as one country.
| Rule | Where | What it requires |
|---|---|---|
| Full Faith and Credit | Article IV, Section 1 | Each state honors other states' public acts, records and court judgments: a court judgment won in one state can be enforced in another |
| Privileges and Immunities | Article IV, Section 2 | A state may not discriminate against citizens of other states in fundamental matters, such as earning a living, owning property or using the courts |
| Extradition | Article IV, Section 2 | A person charged with a crime who flees to another state is returned on demand; since Puerto Rico v. Branstad (1987), federal courts can order a governor to comply |
| Interstate compacts | Article I, Section 10 | States may make agreements with each other, with Congress's consent, such as the Port Authority of New York and New Jersey (1921) and the Colorado River Compact (1922) |
Why it works
Without these rules, a person could escape a court judgment or a criminal charge by crossing a state line, and states could shut out each other's workers and businesses, as they had taxed each other's goods under the Articles. But the rules have limits. The Privileges and Immunities Clause protects fundamental rights. In Toomer v. Witsell (1948) the Court struck down a South Carolina license that charged nonresident shrimp boats \$2,500 and residents \$25: earning a living is fundamental. In Baldwin v. Fish and Game Commission of Montana (1978) it upheld much higher big-game hunting license fees for nonresidents: recreational hunting is not.
Key idea
Article IV requires states to give full faith and credit to each other's acts and judgments, to give citizens of other states the same basic privileges and immunities, and to return people charged with crimes (extradition); states may make compacts with Congress's consent.
Worked example: Full faith and credit
Pat wins a \$10,000 judgment against Lee in an Ohio court. Lee moves to Florida. Can Pat enforce it there?
- A court judgment is a "judicial Proceeding" under Article IV, Section 1.
- Florida must give it full faith and credit; Pat registers the judgment in Florida and enforces it there.
Answer: Yes.
Worked example: Fundamental or not?
A state charges out-of-state residents more for a recreational fishing license. Another state bars out-of-state residents from working as electricians. Which is more likely to violate the Privileges and Immunities Clause?
- Recreational licenses are not fundamental (Baldwin, 1978).
- Earning a living in a common trade is fundamental (Toomer, 1948).
Answer: The ban on out-of-state electricians.
Common mistake
Thinking a state must treat out-of-state people the same in every respect. The clause covers fundamental matters, such as earning a living; states may still charge nonresidents more for hunting licenses or public college tuition. Check: ask whether the thing denied is fundamental to the person's life and work, or a state benefit like recreation.