Article IV of VII · 1788
Article IV: The states
How states relate
The one-line version
States must respect each other's laws and court rulings, treat visitors fairly, and return people charged with crimes. Congress admits new states.
The 4 sections
One section at a time. Tap to read.
Phrase by phrase
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State
- Each state must generally accept the official records and court rulings of other states.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States
- A state cannot treat people from other states unfairly in basic rights.
who shall flee from Justice, and be found in another State
- A person charged with a crime who flees to another state must be sent back.
No Person held to Service or Labour in one State
- This began the Fugitive Slave Clause. It forced the return of enslaved people who escaped. The Thirteenth Amendment ended it.
New States may be admitted by the Congress into this Union
- Congress decides when new states join the country.
The United States shall guarantee to every State in this Union a Republican Form of Government
- Every state must have a government run by elected representatives.
Picture it
Example. Not legal advice.
You win a court case in Oregon, and the judge orders someone to pay you. That person moves to Idaho. You can generally ask an Idaho court to enforce the Oregon judgment without starting the case over.
Myth check
MythA state can ignore a court judgment from another state.
FactUnder the Full Faith and Credit Clause, states must generally honor final court judgments from other states.
MythThe Fugitive Slave Clause still applies because it is still in the text.
FactThe Thirteenth Amendment (1865) ended slavery. The clause has had no effect since then.
Myth"Republican Form of Government" means states must support the Republican Party.
FactIt means government by elected representatives, not a king. The clause has nothing to do with any political party.
Common questions
What does Article IV say in simple terms?
Article IV covers how states treat each other. States must respect each other's records and court rulings, treat visitors fairly, and return people charged with crimes. Congress admits new states, and every state is promised an elected government.
What is the Full Faith and Credit Clause?
It requires each state to generally accept the laws, records, and court rulings of other states. For example, a final court judgment from one state can generally be enforced in another. It is in Article IV, Section 1.
What is extradition in the Constitution?
Extradition means sending a person charged with a crime back to the state where it happened. Article IV, Section 2 requires it. In Puerto Rico v. Branstad (1987), the Court said federal courts can order a governor to do this.
How does a new state join the United States?
Congress admits it. Article IV, Section 3 gives Congress this power. A new state cannot be made from part of an existing state without the consent of that state's legislature and Congress.
Go deeper
The scene · 1787
Under the Articles of Confederation, the states acted almost like separate countries. The delegates wanted states to cooperate as one nation. They also had to decide how new western lands would become states. Article IV set rules for all of this.
Back then
States had been treating each other's citizens and court rulings unevenly. Large western lands were also waiting to become states. Slaveholding delegates also demanded a promise that people who escaped slavery would be returned.
Words that changed
- “Republican”
ThenA government where people elect representatives, instead of a king.
NowAlso the name of a political party, which did not exist in 1787. The clause is not about the party.
- “held to Service or Labour”
ThenWording that covered enslaved people and indentured servants without using the word slavery.
NowNo legal effect since the Thirteenth Amendment ended slavery.
- “Privileges and Immunities”
ThenBasic rights of citizens.
NowCourts read it to protect basic rights, like earning a living, when you are in another state.
Who argued what
Limit new western states
Gouverneur Morris argued that new western states should not be able to outvote the original eastern states.
Equal new states
George Mason argued that new states must join as equals, or their people would not stay loyal to the Union.
Key cases
- 1842
Prigg v. Pennsylvania
A Pennsylvania law that made it harder to capture people who escaped slavery was struck down under the federal Fugitive Slave Act.
- 1849
Luther v. Borden
Whether a state government is "republican" is a political question for Congress and the President, not the courts.
- 1948
Toomer v. Witsell
South Carolina could not charge out-of-state shrimp boats a license fee 100 times higher than residents paid.
- 1987
Puerto Rico v. Branstad
Federal courts can order a governor to return a person charged with a crime in another state.
More history and context
Article IV covers how states treat each other and how new states join. It also lists promises the national government makes to every state.
The Full Faith and Credit Clause means a court ruling or official record from one state generally counts in another. Examples include court judgments and birth certificates. This lets people move between states without starting over.
The Privileges and Immunities Clause stops a state from treating people from other states unfairly in basic matters, like earning a living. The Extradition Clause requires states to return people charged with crimes elsewhere. In Puerto Rico v. Branstad (1987), the Court said federal courts can order a governor to do this.
The Fugitive Slave Clause was a concession to slaveholding states at the 1787 convention. It required states to return enslaved people who escaped to free states. Congress passed Fugitive Slave Acts in 1793 and 1850 to enforce it.
In Prigg v. Pennsylvania (1842), the Court struck down a Pennsylvania law that made it harder to capture people who had escaped slavery. The Thirteenth Amendment (1865) ended slavery, and the clause has had no effect since.
The Supreme Court has generally treated the Republican Form of Government Clause as a political question. This means courts leave it to Congress and the President to enforce, as in Luther v. Borden (1849).
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