Constitution defines citizens' rights in other states and 'republican' form of government

Editor's note: This is a regular feature on issues related to the Constitution and civics education written by Paul G. Summers, retired judge and state attorney general.

Politicians come and go in the executive and legislative branches. Federal judges are in office for life or “good Behavior.” They are not concerned with running for the next election. That’s the crown jewel of a constitutional republic like the United States.

The judicial branch acts as checks and balances against abuse of power by any branch of government. The independent judiciary must follow the Rule of Law.

All persons are equal. They are endowed with the unalienable rights of “life, liberty, and the pursuit of happiness.”

When we travel to another state to visit, we do not have to register our car in the new state and our Tennessee drivers’ license is valid in the new state.

As long as we do not actually move and reside in the new state permanently, our Tennessee law applies.

We are within the law and obeying the laws of both our home and our visitation state. That is because of Article IV of the Constitution, specifically the sections called Full Faith and Credit and Privileges and Immunities of Citizens.  Basically, full faith and credit of records, acts and judicial orders of each state shall be honored in every other state - so long as they are constitutional.

Constitution series: If you think the Supreme Court is political now, change the number of sitting justices

How states extradite people charged with a crime

The second section also provides for the process of extradition. The best way to describe extradition is by example.

Let us say a person is charged with a felony or other crime, and he or she flees justice. The alleged felon is found in another state. The governor (chief executive officer) of the seeking state can demand of the harboring state that the alleged criminal be delivered up and removed to the state having jurisdiction.

There is a formal process for doing so; there are rules, laws, and regulations that both states must follow. This process of extradition is created by Article IV of our Constitution.

Voluminous administrative law emerged from the Constitution

Section 3 provides for the admission of new states to our Union and the statehood process used by the Congress.

Further, this section provides for the Congress to “… have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property …” of the United States.

This has been said to have created the voluminous regulatory body of administrative law. The rules and regulations now in our country are immense compared to statutes.

Administrative agencies are often called the “fourth branch of government.”

Rules and regulations daily affect each of us.

Why the U.S. is a republican form of government

The last section of Article IV provides for our republican form of government.

“The United States shall guarantee to every State … a Republican Form of Government …”

Upon application of any state by its legislature (or governor if the legislature cannot be convened), this section provides that the national government shall protect a state “… against Invasion…” or “…against domestic Violence.”

The question has been raised, in this year of 2024, of what is an invasion as well as what constitutes domestic violence. Those questions represent where the judiciary comes in and has to decide those questions.

As previously stated, they are never easy questions for the courts to decide. Judges or justices must decide under Article III.

Reading and studying the Constitution are time well spent.

We shall continue our study with the remaining three articles of the Constitution; the Bill of Rights and other amendments to our Constitution.

Thank you very much for your hard work, diligent application, and study.

Paul G. Summers, a lawyer, is a former appellate and senior judge, district attorney general, and the attorney general of Tennessee.  Raised in Fayette County, Judge Summers resides in Nashville and Holladay.

This article originally appeared on Nashville Tennessean: Constitution lessons: Why U.S. is a 'republican form of government'