ipl-logo

Full Faith And Credit Clause Analysis

835 Words4 Pages

Kristen Irvine
9/22/15
AP Government
Ms. Suski

Federalism

The relationship between the states as outlined by sections one, two, and four of Article four in the Constitution examines how states should interact between each other. The first section of this amendment is the Full Faith and Credit Clause which says that judicial decrees and contracts made in one state will be binding and enforceable in any other state. The second section of Article four states that citizens of one state shall be entitled to the same privileges and immunities in another state. The fourth section of the fourth Article states that the federal government will ensure a republican form of government in all states. These four sections of the Fourth Amendment are all …show more content…

Any court ruling given in North Carolina must be recognized in other states. This is an example of the use of the Full Faith and Credit Clause. It helps to organize states into one union under a federal government. An issue that dealt with the Full Faith and Credit Clause before was civil unions or same- sex marriages, before the Supreme Court ruling in Obergefell v. Hodges in the summer of 2015 some civil unions between same- sex couples were not recognized in other states. The DOMA or the Defense of Marriage Act, legally recognized marriage as between a man and a women and allowed states to deny recognition of same sex unions that were provided in another state. Although marriage and civil unions should be recognized under the Full Faith and Credit Clause it was not because this clause was primarily used for judicial rulings and was not thought to apply to marriages or civil union licenses. This deals with the recognition of same sex marriages in states, it also deals with the relationship between states. At the time some states such as New York recognized same-sex civil marriages but whether these unions were recognized in other states was an entirely different story. This went on for a while until it was determined that DOMA was not only discriminatory but also went against the Full Faith and Credit …show more content…

Although these are the duties of the national government to the state government this relationship is not always entirely clear, of current that national government has a lot more power and authority of the states government. Also it can be interpreted that the national government is supposed to deal with issues on a grander scale while the state governments are supposed to deal with more local issues. Another reason why the obligations the national government has to the states is not always clear is because it says that the national government should protect states from internal discourse which is extremely vague as to what internal discourse or “domestic violence”, whether this means violence within the state or violence between states it is unclear, and could be interpreted multiple ways in order for the national government to gain more power. A way to make this clearer would be for a change in Article 4, Section 4 that states what “domestic violence” is so that there is a formal definition regarding states as to what the duty of the national government is regarding internal discourse. Although this Section defines the relationship that the

Show More
Related

Strengths And Weaknesses Of The Articles Of Confederation

842 Words | 4 Pages

With a revolution starting, the thirteen colonies needed to implement a new government to replace, and improve upon the British one that the colonies were fighting against. The Founding Fathers’ first attempt at such a government was drafted and defined in the Articles of Confederation. This draft was put in front of the Second Continental Congress in 1777. It was completely ratified and adopted by March 1, 1781. While battles large and small enveloped the fledling country, it was written quickly, and in the grand scheme of things was also adopted and implemented rather quickly.

Read More

Pros And Cons Of Confederation Model Of Compromise

276 Words | 2 Pages

And the Constitution heavily regarded federalism: The federal and states governments’ roles Were finally delineated in order to limit The power of government,

Read More

Essay On How Did The Constitution Guard Against Tyranny

437 Words | 2 Pages

The constitution guarded against tyranny in four ways which are Federalism, Separation of power, Checks and Balances, and Big states and Small states. Federalism is the first guard against tyranny. Federalism means” A principle of the united states constitution that establishes the division of power between the federal government and the states.” Setting up local governments is included in the constitution.

Read More

New State Ice Co. V. Brandeis

460 Words | 2 Pages

The United States’ Constitution follows federalism, which is the division of power between state governments and the national government. Federalism is important to the Constitution because it helps prevent centralized power and allows the states flexibility to solve issues within their own states. Within federalism the states have been referred to as “Laboratories of democracy.” This term was coined by Justice Louis D. Brandeis in the New State Ice Co. v. Liebmann Supreme court case in 1932. His term made the states seem like a laboratory to experiment different policies that would have no effect on the whole country.

Read More

Essay On How Did The Constitution Guard Against Tyranny

465 Words | 2 Pages

Where is Tyranny? What is Tyranny? Who has Tyranny? But the main question is, how did the constitution guard against tyranny? The definition of tyranny is, ¨the accumulation of all powers in the hands of one, many, or a few is the very definition of tyranny.¨ said James Madison in the constitution.

Read More

Obergefell V. Hodges (2005)

2137 Words | 9 Pages

Hodges (2015) the Supreme Court held that the Due Process Clause of the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects, applying to same-sex couples the same as opposite-sex couples. This case was brought forward by numerous groups of same-sex couples who were suing their relevant state agencies to challenge the constitutionality of those states’ same-sex marriage laws. The Supreme Court found that there is no difference between same-sex marriages and opposite-sex marriages, therefore, the exclusion of same-sex couples from the right to marry violates the Due Process Clause. This is policy making because the Supreme Court forced states to change their laws by deciding that it was against the constitution to not only ban the recognition of same-sex marriages that occurred in states that allowed it, but also making same-sex marriage legal in all states. Government officials even those who do not believe in the law change must abide by it, by allowing same-sex couples their now legal right to be married and receive the benefits that opposite-sex married couples receive; changing the way that citizens and the government interact in societal ways but also financial

Read More

Necessary And Proper Clauses

866 Words | 4 Pages

The vast power of the federal government has been on the rise, crippling the state’s authority. In the early 1800’s there have been cases where the Supreme Court has ruled, for the most part, in the federal government’s benefit. With the Legislative and Judicial Branches making up 2/3 of the federal government’s power, many could speculate the two powers are working to strengthen the federal government. However, the ruling was based off of Necessary and Proper Clause, where it is said that Congress (Legislative Branch) has the authority “to find the great powers, to lay and collect taxes; to borrow money; to regulate commerce; and to declare and conduct a war.” When the states interfere it causes the Judicial Branch to step in and decide what

Read More

Compare And Contrast The Articles Of Confederation

729 Words | 3 Pages

Each state that originally operated individually in governmental terms now had the right to speak for themselves in a Continental Congressional setting, which rather than having a president operated with representatives from each state, in which each had an equal voice in the country’s actions such as military actions, foreign affairs, and political motives. The Articles of Confederation possessed many of the governmental powers and limited much of the state’s previously owned rights, although the state’s governments did not become completely powerless. While the Continental Congress became possessive of many governmental powers, the states still individually possessed the rights to levy taxes, draft state military soldiers, and regulate trade within their own state. Although many states, as it would seem, would come to abuse these powers. In this sense, the Articles of Confederation did favor the individual rights of each state by granting rights for their possession apart from the central government’s

Read More

Federalism: The Supremacy Clause

185 Words | 1 Pages

Federalism is the different types of principle that the government enforce law to ensure the safety for citizen and non citizens. Paragraph 2 of the Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally the supremacy clause can also overtake the state laws and even state constitutions. The founding fathers decide to use federalism as a way to control the people and their actions, they believed that governmental power inevitably poses as a threat to individual citizens for life and liberty because some states may abuse their power so the government decide to make laws to prevent states from taking too much power. only the federal government can intervene with

Read More

Constitution Surpass

1728 Words | 7 Pages

Also, each person has the same rights in all states and anyone who commits a crime and flees, shall be brought back to where the crime has occurred and have a trial and all legal documents will be shared among the states.   Also, each state has one vote, Congress does not have the power to tax, Congress has no power over foreign commerce, and only state governments act directly on the people (Comparison of Constitution and Articles of Confederation).  Congress also has the right to decide when the United States enters in any wars and treaties.  

Read More

Privileges And Immunities Clause Analysis

371 Words | 2 Pages

Article IV provides that "The Citizens of each State shall be entitled to all Privileges and Immunities in the several states. " The purpose of the clause was to facilitate the unification of the independent states into one

Read More

Pros And Cons Of Federalism

1823 Words | 8 Pages

This country was founded with the attempt to separate the federal government and the state government, known as federalism. The goal of federalism is to divide the power of state and federal governments, protect the rights of the state, and prevent tyranny of the majority. Throughout the years, federalism turned into dual federalism where the state and federal government were completely independent of each other and only shared a dependency on the Constitution. The united states suppressing now to cooperative federalism, the national government has assumed even more power, overruling the states with Supreme Court decisions and actions, and executive Orders. Furthermore, the Federal government should grant their state governments more power, due to the connection the state governments hold with their local people.

Read More

Compare And Contrast Shelly Vs Kraemer

555 Words | 3 Pages

The court has been arguing about this topic for a long time, well the arguments and opinions were heard at the next term to determine how the ruling would be imposed. After a year of rewriting new laws they called it brown ||. Loving v. Virginia. In Virginia of 1967 black and whites were not aloud to marry one another. The state of Virginia took this to the court and the united state constitution said that they agree with blacks and whites should not marry.

Read More

Essay On Gay Marriage In Texas

1500 Words | 6 Pages

A year later, opposition to same-sex marriage for religious reasons has become the focal point of demands that the Texas Legislature act in response (Ura, 2015). “I do think that it is very important that we don’t lose sight of the fact that part of religious freedom is that citizens do have that inherent right to not have to do things that put them at odds with their religion,” said State Representative Cecil Bell Jr., R-Magnolia. State Senator Charles Perry, a Lubbock Republican who described the ruling

Read More

Conservative And Liberal View Of Abortion

1027 Words | 5 Pages

Liberals support same-sex marriage and argue that love is grounds enough for marriage, regardless of sexual orientation. Conservatives are usually opposed and often cite religious viewpoints and concerns about the reading of children as the main reasons for their opposition. In the 1970s the court case Baker v. Nelson occurred. It was a case in which the Minnesota Supreme Court ruled that a state law limiting marriage to persons of the opposite sex did not violate the U.S. Constitution. On June 26, 2015 the United States Supreme Court legalized same-sex marriage in all 50 states.

Read More

More about Full Faith And Credit Clause Analysis

Related Topics

Open Document