Article IV of the Constitution | US government and civics | Khan Academy

Summary

Article IV of the U.S. Constitution outlines federalism's practical application, detailing how states and the federal government share governance. It consists of four sections: the Full Faith and Credit clause, ensuring states recognize each other's public acts and judicial proceedings; the Privileges and Immunities clause, granting citizens of one state the same rights in others; an admissions clause, outlining the process for new states to join the Union; and the Guarantee clause, promising a republican form of government to all states. This framework maintains the U.S. as a unified nation rather than a mere collection of independent states.

Takeaways

• 🏛️ Article IV of the U.S. Constitution outlines the framework for federalism, detailing how power is shared between the states and the federal government.
• 🤝 The Full Faith and Credit Clause mandates that each state must recognize the public acts, records, and judicial proceedings of every other state.
• 🚶‍♂️ The Privileges and Immunities Clause ensures that citizens of each state have the same rights and privileges as citizens of other states, including the right to travel.
• 🗳️ The Admissions Clause in Article IV provides a process for new states to join the Union, emphasizing congressional approval and certain restrictions to maintain balance.
• 👮‍♂️ The Guarantee Clause promises that the federal government will protect each state against invasion and ensure a republican form of government.
• 👥 The framers of the Constitution included Article IV to create a balance of power, limiting the federal government while maintaining state sovereignty.
• 🏢 States have inherent 'police powers' to govern their citizens, subject to federal law, which acts as a vertical check on federal authority.
• 📜 The Defense of Marriage Act (DOMA) was an example of how the Full Faith and Credit Clause was eventually used to recognize same-sex marriages across states.
• 🏘️ The Fugitive Slave Clause, a remnant of the compromise with slavery, allowed slave owners to reclaim escaped slaves even in free states.
• 🌐 The concept of 'republican form of government' in Article IV implies majority rule and prohibits states from establishing non-democratic forms of government, even by popular vote.
• 🌐 Article IV is crucial for binding the United States together as a unified nation rather than a mere collection of independent states.

Q & A

What is Article IV of the U.S. Constitution about?

Article IV of the U.S. Constitution outlines the framework of federalism, detailing how power is shared between the states and the federal government. It consists of four sections that cover topics such as how states should treat each other's citizens, the process for admitting new states to the union, and the guarantee of a republican form of government to each state.

What does the Full Faith and Credit clause require?

The Full Faith and Credit clause mandates that each state must recognize the public acts, records, and judicial proceedings of every other state. This means, for example, that a court judgment in one state must be recognized in every other state.

How does the Privileges and Immunities clause affect citizens of different states?

The Privileges and Immunities clause ensures that the citizens of each state have the same rights and privileges as citizens of other states. This includes the right to travel, conduct business, and access public services across state lines.

What is the purpose of the Admissions clause in Article IV?

The Admissions clause in Article IV, Section 3, outlines the process for new states to join the Union. It allows for territories to apply to become states by submitting a constitution, which must then be approved by Congress.

What is the Guarantee Clause, and what does it guarantee?

The Guarantee Clause in Article IV, Section 4, guarantees that the federal government will protect each state in the Union against invasion and domestic violence. It also pledges that the federal government will ensure that each state maintains a republican form of government.

Why did the framers of the Constitution include Article IV?

The framers included Article IV to establish a balance between a strong central government and the autonomy of individual states. They aimed to create a unified nation while preserving the sovereignty and unique governance of each state.

How does Article IV reflect the concept of vertical checks and balances?

Article IV reflects vertical checks and balances by setting boundaries and responsibilities between the federal government and state governments, ensuring that neither has unchecked power over the other.

What was the Defense of Marriage Act (DOMA), and how does its overturning relate to the Full Faith and Credit clause?

The Defense of Marriage Act (DOMA) was a federal law that defined marriage as between a man and a woman, allowing states to refuse to recognize same-sex marriages performed in other states. Its overturning by the Supreme Court means that, under the Full Faith and Credit clause, all states must recognize marriages performed in any other state.

What is the significance of the Fugitive Slave Clause in Article IV?

The Fugitive Slave Clause is a controversial part of Article IV that required states to return escaped slaves to their owners. It reflects the compromises made during the drafting of the Constitution to address the issue of slavery, despite many framers' opposition to it.

How does Article IV address the issue of states having different laws and regulations?

Article IV addresses the issue of differing state laws through the Full Faith and Credit and Privileges and Immunities clauses, which require states to recognize legal decisions and grant rights and privileges to citizens of other states, promoting uniformity in interstate relations.

What is the role of the Guarantee Clause in preventing the establishment of non-republican forms of government in the states?

The Guarantee Clause in Article IV ensures that each state maintains a republican form of government, which is based on the principle of majority rule. It prevents states from adopting non-republican forms of government, such as monarchies or military dictatorships, even through democratic processes.

Outlines

00:00

🏛️ Article IV of the U.S. Constitution

In the first paragraph, Kim introduces Article IV of the U.S. Constitution, which outlines the framework of federalism between states and the federal government. Article IV is divided into four sections. The first two sections discuss how states should treat each other's citizens, namely through the Full Faith and Credit clause and the Privileges and Immunities clause. The third section is the Admissions clause, which addresses the addition of new states to the union. The fourth section is the Guarantee clause, ensuring each state has a republican form of government. Kim consults with two experts, Erin Hawley and Gabriel Chin, to delve into the purpose of Article IV. Erin explains that the Constitution's framers aimed to limit federal power and saw states as critical in checking the federal government. They wanted a strong central government but also wanted to ensure states maintained their sovereignty. Gabriel adds that the Full Faith and Credit clause and the Privileges and Immunities clause facilitate interstate transactions, movement, and communication, promoting a unified nation despite state differences.

05:01

📜 Full Faith and Credit and Privileges and Immunities

The second paragraph focuses on the Full Faith and Credit clause, which requires states to recognize legal decisions made by other states, such as marriage or property ownership. Erin provides the example of a judgment in New York being recognized in California. Gabriel discusses the historical context, mentioning how states have tried to limit migration during the depression, which the Supreme Court deemed unconstitutional. The Privileges and Immunities clause is also explained, covering rights associated with citizenship, such as the right to travel. Gabriel references the Saenz v. Roe case, where the Supreme Court ruled that California could not limit welfare benefits for newcomers based on their state of origin. The paragraph also touches on the fugitive slave clause, a remnant of the Constitution's compromise with slavery, allowing slave owners to reclaim escaped slaves in free states.

10:01

🌐 Admission of New States and Republican Form of Government

The third paragraph discusses the process for admitting new states into the Union as outlined in Article IV, Section 3. Erin explains that this process allows territories to become states with congressional approval, subject to certain limitations to prevent the creation of new states from old ones without consent. Gabriel mentions the Louisiana Purchase, questioning its constitutionality at the time, and how it expanded U.S. territory. The paragraph concludes with a discussion of the Guarantee clause in Article IV, Section 4, which promises that the federal government will protect each state's republican form of government and guard against invasion or domestic violence. Erin and Gabriel explain the importance of this clause in maintaining a unified nation and preventing the establishment of non-republican forms of government, even through democratic processes.

Keywords

💡Article IV

Article IV of the U.S. Constitution outlines the structure and relationship between the federal government and the states. It is central to the video's theme as it discusses how federalism operates in practice. The video breaks down Article IV into four sections, each with distinct roles in maintaining unity and diversity within the United States.

💡Full Faith and Credit Clause

The Full Faith and Credit Clause mandates that each state must recognize the public acts, records, and judicial proceedings of every other state. This clause is crucial for maintaining a cohesive legal system across the U.S., as exemplified in the video by the recognition of court judgments and marriage licenses across state lines.

💡Privileges and Immunities Clause

This clause grants citizens of each state the same rights and privileges as citizens of other states. It is integral to the video's narrative on interstate relations, emphasizing the freedom to travel and the equal treatment of citizens regardless of their state of origin.

💡Admissions Clause

The Admissions Clause in Article IV discusses the process of adding new states to the Union. It reflects the forward-looking nature of the Constitution's framers, as highlighted in the video, and sets the stage for the expansion of the U.S. by detailing the requirements and limitations for statehood.

💡Guarantee Clause

The Guarantee Clause assures each state a republican form of government and protection from invasion or domestic violence. It underscores the video's message about the federal government's commitment to preserving the democratic framework of the states and their security.

💡Federalism

Federalism is the system of shared governance between the states and the federal government, as defined in Article IV. The video uses federalism as a lens to explore how power is balanced and exercised across different levels of government within the U.S.

💡Republican Form of Government

A republican form of government, as mentioned in the video, is characterized by elected representation and rule of law. The Guarantee Clause's promise to protect this form of government for each state is a testament to the democratic ideals enshrined in the Constitution.

💡Vertical Checks and Balances

Vertical checks and balances refer to the system of oversight between different levels of government, as opposed to horizontal checks between branches at the same level. The video explains how this system ensures that power is neither过于集中也不过于分散, maintaining a balance that is vital for the functioning of the U.S. government.

💡Police Powers

Police powers are the inherent authority of states to govern for the health, safety, and welfare of their citizens. The video mentions these powers as a means by which states can check federal authority, illustrating the decentralized nature of governance in the U.S.

💡Fugitive Slave Clause

The Fugitive Slave Clause, part of the Privileges and Immunities Clause, allowed slave owners to reclaim escaped slaves who fled to free states. The video discusses this clause as a regrettable aspect of the Constitution that reflects the compromises made to form a united nation despite the existence of slavery.

💡Louisiana Purchase

The Louisiana Purchase is mentioned in the video to illustrate the constitutional debate over the federal government's power to acquire territory. It exemplifies the dynamic nature of constitutional interpretation and the expansion of the U.S. through historical events.

Highlights

Article IV of the U.S. Constitution outlines the practical workings of federalism.

The Full Faith and Credit clause ensures states recognize each other's public acts, records, and judicial proceedings.

The Privileges and Immunities clause gives citizens of each state the same rights in other states.

The Admissions clause discusses the process of adding new states to the Union.

The Guarantee clause assures every state a republican form of government.

The framers wanted to limit federal powers and ensure states played a role in checking the federal government.

States are encouraged to act collectively rather than individually under Article IV.

The Full Faith and Credit clause facilitates transactions and movement among states.

Vertical checks and balances exist between federal, state, and local governments.

States have police powers, giving them authority to govern subject to federal law.

The fugitive slave clause, part of Article IV, allowed slave owners to reclaim escaped slaves in free states.

The process for admitting new states involves a territory submitting a constitution to Congress for approval.

The Louisiana Purchase raised constitutional questions about the power to purchase territory.

The Guarantee clause prevents states from establishing non-republican forms of government, even through democratic means.

Article IV is crucial for binding the United States together as a unified nation.

Transcripts

- [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 the 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.

So professor Hawley can take us a little bit

through why the framers included Article IV.

What was its purpose?

- [Erin] 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've sort of being going it alone on critical issues like

trade and defense as 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.

- [Gabriel] 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 In 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 kind of all

at the same level checking each other.

But there is also kind of this vertical checks and balances

happening too between the power of the federal government,

power of the states and the power of the local governments.

- [Erin] Absolutely so we've got the three branches,

and their checks and balances.

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 we're important

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

and new federal government.

- [Kim] There are four sections in Article IV

and the first section deals with full faith and credit,

it says full faith and credit shall be given

in each state to the public Acts, Records

and Judicial proceedings of every other state.

So what does full faith and credit actually mean?

- [Gabriel] 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.

- [Erin] So if you have a value judgment

in New York for example,

and you move to California,

the California courts are required to give effect to

that judgment, to that same court judgment

so long as it was validly issued.

There was a federal statue 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.

- [Gabriel] You can see the kinds

of problems that would exist if

states didn't honor the legal decision that were made

by other states such as who is married

or who is 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, etc.

They're separate systems,

but they have to treat the work

that each other does with respect.

- [Kim] If we move onto section II.

This says that the citizens of each state

shall be entitled to all privileges and immunities

of citizens in the several states.

So what are these privileges and immunities?

- [Erin] So the privileges and immunities clause

has been one that's subject to a number of

sort of debates in the courts,

in 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.

- [Gabriel] Occasionally in American history

there have been moments where states

didn't want to 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 v. 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.

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 going to give you the welfare benefits

that you would have gotten in your state for the first year.

We're not going to give you the higher California benefits.

We're going to give you whatever you would of gotten

where you came from.

That's unconstitutional and the Supreme Court

said that violates the privileges and immunities clause.

We're one country.

One nation.

People are allowed to cross the borders whenever they want.

- [Kim] Interesting but there is this second part of it

that says no person held to service or labor

in one state, under the laws thereof, escaping into another,

shall, in consequence, of any law or regulation therein

be discharged from service or labor.

So what is that all about?

- [Erin] So that is one of the most unfortunate,

probably the most unfortunate clauses

in our Constitution,

it's known as the fugitive slave clause

and that title is pretty descriptive.

So if you have a slave who is validly owned

as it were in those days, under one state's 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.

- [Gabriel] 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 is an argument that there is 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 do what was necessary to achieve that

but they did the absolutely minimum

and they did it in such a way

that consciously doesn't recognize

and legitimize the institution of slavery.

- [Kim] Alright so, then we get into

new states and territories.

So, I think it was very forward looking

of the framers to recognize that new states

might want to join the Union

and then to provide a process for that.

So can you tell us a little bit about

what that process was like?

- [Erin] So 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 wide latitude to

congress for admitting new states,

so 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 limitations on that.

Some of the eastern states we're concerned that the large

western territories might become too influential

so they had a couple of provisions

that no new states 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.

- [Gabriel] And it's not so clear 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

all that land from France,

but he thought that it would require a constitutional

amendment for the United States to have that power.

This is different from Texas joining the Union.

But the House and the Senate didn't have the same

qualms that President Jefferson did.

And so they agreed to approve the Louisiana Purchase

and to fund it.

When the bill got to Thomas Jefferson's desk he signed.

- [Kim] Moving on to section IV,

there is this promise here that the federal government

will guarantee every state a republican form of government

and shall protect each of them against invasion

or domestic violence.

What does this mean?

- [Erin] So we see here in Article IV the end of Article IV

a really sort of famous, an important promise to each

of the individual states.

The federal government is promising,

to basically aid them in keeping

a republican form of government.

As well remember, Benjamin Franklin

famously said we've given you a republic if you can keep it.

- [Gabriel] So when we talk about invasion in section IV,

it talks about invasion,

it's pretty clear that what they're talking about

is invasion by some hostile state.

And of course during this period

there was continuing conflict with England

and the idea is that if New York

or South Carolina

gets invaded by England, that's not just that particular

state's problem it's the nation's problem

and the national government has an obligation

to protect against invasion.

- [Kim] I imagine it also prevents someone from

for example declaring themselves the King of Maryland.

- [Gabriel] The republican form of government

clause does that.

It leaves the details to the states

but the basic idea is that there has,

the concept of republican government that's embodied

in article IV is majority rule.

That even if there were free and fair elections

the state could not choose to have military

or hereditary government.

So even if everybody in California got together,

and said you know,

what we really need is

a good family that generation after generation

will lead us and they will be

the kings and queens of California,

and this is what we want so we're going to

amend our constitution to provide for hereditary

leadership in our state and we're going to find

somebody great and this is what we want to do.

Article IV would say, we can't choose to do that

even through democratic means.

- [Kim] So as we've learned Article IV

requires states to give

full faith and credit to the legal proceedings

of other states and to treat the citizens

of other states as well as they treat their own citizens.

It provides a process for adding new states

into the mix and guarantees a republican form

of government to the citizens of all the states.

Article IV binds the United States together

so it's not just a collection of independent states

but rather a unified nation.

To learn more abour article IV

visit the National Constitution Centers

in Directive Constitution and Khan Academy's resources

on U.S. government and politics.