Do other states have to honor Tennessee laws? Here's what the Constitution says | Opinion
Editor's note: This is a regular feature on issues related to the Constitution and civics written by Paul G. Summers, retired judge and state attorney general.
We finished our study of Article III of the Constitution, the Judicial branch. For any lawyer, arguing a case before the United States Supreme Court is an honor.
If you were a baseball player, it is like pitching two innings in the World Series.
The judiciary affects each one of us. Please remember that the judicial branch is not political like the other two.
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 the other branches.
The judiciary, always independent, 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.”
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Article IV: On full faith and credit and extradition laws
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. So long as we do not actually move and reside in the new state permanently, our Tennessee laws are fine.
We are within the law and obeying the laws of both Tennessee 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.
The second section provides for the process of extradition. Let us say a person is charged with a felony or other crime, and he/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. This is called the extradition section of our Constitution.
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What is called ‘fourth branch of government’?
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 exceed the laws passed by Congress and approved by the president. Administrative agencies are often called the “fourth branch of government” because regulations daily affect each of us.
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, this section provides that the national government shall protect a state “…against Invasion…” or “…against domestic Violence.”
Paul G. Summers, lawyer, is a former appellate and senior judge; district attorney general; and the Attorney General of Tennessee. Raised in Fayette County, he resides in Holladay and Nashville.
This article originally appeared on Nashville Tennessean: Constitution lesson: Do other states have to honor Tennessee laws?
