Day 12: U.S. Constitution
Article. IV. The States
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.
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.
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.
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.
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.
1) Does the United States have the authority to take property away from a state and designate it for a wilderness area?
2) What is the United States’ form of government?
3) How does the United States guarantee to each state a republican form of government?
1) No. The U.S. government is only authorized in Article 1, section 8, to purchase lands from the states by consent of their legislatures, for the sole purpose of “Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.”
2) A Constitutional Republic. Madison referred to it as a compound constitutional Republic because the powers of government were first divided between the federal and state governments. Then each drafted constitutions which separated powers into 3 branches of government to provide further checks and balances. The rule of law in a Republic is then held supreme over the rule of the people as in a Direct Democracy.
3) The states wanted to make sure that each state was protected in its republican form of government from all enemies both foreign and domestic. If a state was at risk of having its form of government overthrown by an enemy nation, or subverted by political takeover within, it is the duty of the federal government to put down those enemies and restore republican government within the state. Article 4, section 4 has been used to overturn state executive mandates in the past where state officers acted outside the bounds of constitutional government.
(Featured Image by W. Scott McGill @123rf.com)