The United States Constitution Article 4

The United States Constitution

Article 4

Section 1:  Full Faith and Credit Clause:

This section of the Constitution amends the similar Article 4 clause of the Articles of Confederation in regards to state-to-state acknowledgement of judicial superior claim and rights: “public acts, records and judicial proceedings of every other state.”  Whereas in the Articles of Confederation the interpretation was differently applied, it states, “full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the counts and magistrates of every other state.”  It was further explained in 1786 by a Pennsylvania court that this clause did not allow executions of one state to reflect in another.  The Constitution amended and superseded this clause to encompass this execution.

Section 2: Equality among States, Extradition

This section state other States can not discriminate against residents of other states.  Also, this section establishes extradition of fleeing criminals back to the principle state where such crime took place to answer for such transgressions.  This clause also had another objective which was to extradite run away slaves back to their masters, whereas it states, “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.”  Though the United States while drafting the Constitution objective was to the establishment of better government, as reflected today, it was motivated to the prevalence of the businessman.  An escaped slave was considered a loss of income and labor, so with the reinforcement of The Fugitive Slave Act of 1793 (which made it possible to recover slaves, overruled state sanctuary laws, made it a federal crime to assist an escaped slave and allowed slave-catchers power without border jurisdiction).  This act was followed by the amended Fugitive Slave Act of 1850; both acts were done away with when the thirteenth amendment was established abolishing slavery.

Section 3: Creation of State

In order to maintain a unified government without separate entities, this section states no State(s) can create another State within their borders or jurisdiction without expressive consent of Legislatures of State or Congress.  Previous to the creation of the United States of America there were 13 colonial divisions which mostly lined the East coast spreading westward into unknown territory.  These territories were brought together with the American Revolution which helped form the patriotism of a unified America.  In order to maintain one government this section was created so State can unify or be established outside of America.

Section 4: Guarantee Clause

“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.”  What is actually a “Republican Form of Government”?  By definition it is everything in opposition to a Democratic government.  The Democratic profile was considered reprehensible to those who made law and was considered a sickness alike to a disease.  James Madison, writing under the assumed named of Publius, wrote Federalist number 10 which states the need to protect against outside factions and protect interior states.  It can be inferred by its readings that Republican form of government can be considered as a loose dictative government with the decisions and results thereof are done in the best interest of the people, even if they do not think so.  Madison also stated a government placed in the hands of the many (a delegate in charge of a large area to present the many) is better than the democracy which enables small area choice in the decision making process which clogs up the governing of State.