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U.S. Constitution study guide: Difference between revisions
U.S. Constitution study guide (view source)
Revision as of 15:04, 27 November 2021
, 27 November 2021→Section 2. [Privileges & Immunities clause]
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* criminal Law is different, and the Constitution addresses this under the "Extradition" clause, which requires that one State return to another any fugitive from the law.}}''' shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.=== And the Congress may be general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. | * criminal Law is different, and the Constitution addresses this under the "Extradition" clause, which requires that one State return to another any fugitive from the law.}}''' shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.=== And the Congress may be general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. | ||
=== Section 2. [Privileges | === Section 2. [Privileges and Immunities clause] === | ||
{{#tip-text: [Section 2. Summary]|Privileges | {{#tip-text: [Section 2. Summary]|Privileges and Immunities clause:| | ||
* require that states respect one another's laws & respect the rights of citizens of other states | |||
* this section also set requirements for extradition of fugitive criminals and slaves from one state to another}}''' | |||
The Citizens of each State shall be entitled to all '''{{#tip-text: Privileges and Immunities of Citizens in the several States|Privileges & Immunities clause | The Citizens of each State shall be entitled to all '''{{#tip-text: Privileges and Immunities of Citizens in the several States|Privileges & Immunities clause | ||
* = Constitutional requirement that the States must not treat citizens of the other States unfairly with respect to their own citizens | * = Constitutional requirement that the States must not treat citizens of the other States unfairly with respect to their own citizens | ||
* each state must make available to other States' citizens all the rights available to its own citizens, including the courts, the right to travel, | * each state must make available to other States' citizens all the rights available to its own citizens, including the courts, the right to travel, marriage, property, ownership, etc. | ||
* in other words, with a few exceptions, States cannot discriminate against citizens of other states | * in other words, with a few exceptions, States cannot discriminate against citizens of other states | ||
* A few exceptions to this clause regard, called "reasonable distinctions," include: | * A few exceptions to this clause regard, called "reasonable distinctions," include: | ||
1) in-state tuition for college, giving preference via lower fees to state residents; | 1) in-state tuition for college, giving preference via lower fees to state residents; | ||
2) require in-state residency to hold office | 2) require in-state residency to hold office | ||
3) require licenses for practice of certain businesses or professions}}'''. 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. | 3) require licenses for practice of certain businesses or professions}}'''. 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, '''{{#tip-text:be delivered up, to be removed to the State having Jurisdiction of the Crime|Extradition Clause: | ||
* = Constitutional requirement that States return criminal fugitives to the State that has jurisdiction over the crime committed | |||
* in other words, criminals can't avoid capture by running off to another State | |||
* extradition is to invoked upon request of the state in which the crime was committed | |||
* (as opposed to the next clause which requires surrendering runaway slaves upon request of the slave owner) | |||
* it also means that the states surrender their sovereignty to protect a person from extradition | |||
}}'''. | |||
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. | <span style="background-color:#cccccc>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, '''{{#tip-text:but shall be delivered up on Claim of the Party to whom such Service or Labour may be due|Fugitive Slave clause: | ||
* prohibits protection of fugitive (runaway slaves) by requiring their return upon demand of the slave owner in another state | |||
* the clause thereby treated fugitive slaves as civil and not criminal matters | |||
* the 1793 Fugitive Slave Act enforced the Fugitive Slave Clause, terms for which were strengthened under the Fugitive Slave Act of 1850 | |||
* the clause was extremely controversial and caused much intersectional (North-South) tension leading up to the Civil War | |||
* the clause was submitted into the text of the Constitution after the 3/5ths Clause and with little opposition; at that time, 1787, only Vermont had outlawed slavery (Massachusets | |||
* it marked a tremendous challenge to Northern states who were forced to surrender their sovereignty over slavery bans | |||
* however, in practice, it was difficult for slave owners to enforce and among the justifications for secession (leaving the Union), South Carolina pointed to flagrant northern refusals to enforce the Fugitive Slave Acts | |||
* the Fugitive Slave Clause was annulled by the Thirteenth amendment which abolished slavery}}'''.</span> | |||
=== Section 3. [Admission of new states] === | === Section 3. [Admission of new states] === | ||