The Constitution: Article IV
Article IV of the United States Constitution explains the relationship between the individual States and the Federal government, as well as the various relationships between the States. The United States of America has adopted a system of government known as Federalism. Federalism is a system in which some powers lie within the Federal government and some lie within the State governments. Article IV is divided into four sections.
Section 1, the “Full Faith and Credit Clause,” declares that each State is required to respect and obey the other State’s Acts, Records and Judicial proceedings. The U.S. Congress however, provides oversight of the various proceedings by creating laws that dictate how the proceedings are proven and their effect. An example of Congressional oversight would be to dictate how States handle child custody cases when the affected State laws differ.
Section 2 states that citizens of one State are equal to the citizens of all of the other States.
This is the “Privileges and Immunity Clause.” States are prohibited from discriminating against out-of-state visitors or residents; such as a residency requirement. The “Right to Travel” should be mentioned here. Although the “Right to Travel” is discussed in more detail in the 14th Amendment, the “Privileges and Immunity Clause” is the basis for it. The Supreme Court stated that free travel within the States would make the United States more united. Section 2 also mentions the Interstate Extradition Clause. No State can become a sanctuary for fugitives from justice.
Although at the time of writing our Constitution, a fugitive slave clause was added, this was nullified by the Thirteenth Amendment in December of 1865.
Section 3 of Article IV states that new States may be admitted into the Union. It also decrees that no new State can be formed from parts of any other State without consent of all parties involved, as well as the U.S. Congress.
So then, how was West Virginia formed during the Civil War? Wasn’t it illegal to take from Virginia to create West Virginia?
Here’s a brief course of events: Virginia had seceded from the Union. Pro-Unionists then immediately held their own convention and established the “restored government” of Virginia and declared both secession illegal, as well as the secessionist government illegitimate. Thus, the “new” State of Virginia gave its consent to form the new State of West Virginia.
Section 3 also gives Congress power to manage and dispose of federal properties and territories. This includes regulations for federal properties, such as national parks and forests. United States territories (including but not limited to Puerto Rico and The District of Columbia) are regulated by Congress.
In Section 4, the United States shall guarantee to every State in the Union, a Republican form of government. A Republican form of government is a representative democracy in which citizens elect a representative to make the laws that serve the public interest. Section 4 of our Constitution continues with the “Guarantee Clause;” The United States shall protect each State from invasion, and also if asked by the State legislature, to protect against domestic violence.
If the State legislators are unable to meet, then the Executive of the State may ask for protection by the Federal government. Although there is no mention of Martial Law in the Constitution, both the U.S. President and Congress have declared it.
In conclusion, due to Article IV, each State is equal to all other States. Article IV also addresses issues related to State citizenship, the relationships between States, and the admission of new States. Citizens of each State are guaranteed a Republican form of government.
All federally elected officials take an oath to our Constitution.
Mark VanZanten, member of Living Democracy: Engaging Citizens, a local citizen group. Our mission is to inform and educate the Mid-Ohio Valley about how government works on the local, state, and federal levels and how citizens can be involved to make our democracy work.
Join us the third Monday of each month. livingdemocracymov@gmail.com and facebook/speak foryourselfvote and Youtube channel Living Democracy.