Section 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.
**Comment: Despite the apparent simplicity and clarity of this provision, it has been the source of an enormous amount of litigation on highly technical grounds, so much so that Justice Robert H. Jackson, in writing about it, called it "the Lawyer's Clause of the Constitution."
This clause is invoked most often today in divorce cases in which one of the spouses goes to another state to obtain the divorce, and in workers' compensation cases in which the employment contract is drawn up in one state and the employee is injured in another state. Not only is there a question of which state's court has jurisdiction and what credit the other state's court should give to the first one's judgment, but a question also exists about which state's law should take precedence when laws conflict.**
Section 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
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.
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.
Section 3. New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section 4. 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.
**Comment: Although theories have conflicted about the privileges and immunities clause of Section 2, paragraph 1 (plus another in the 14th Amendment), it has become settled doctrine that the clause only forbids a state from discriminating against citizens of other states in favor of its own. But there are certain privileges and immunities for which a state, as parens patriae, may require a previous residence, such as the right to fish in its streams, to hunt game in its fields and forests, to divert its waters, or even to engage in certain businesses of a quasi-public nature, such as insurance.
Paragraph 2 deals with extradition. By a 1793 act of Congress, this responsibility was delegated to the governors of the states. But the Supreme Court later ruled that while the duty is a legal one, its performance cannot be compelled by writ of mandamus. Consequently, governors of states have often refused compliance when, in their opinion, substantial justice required such refusal. Section 3, paragraph 2, clearly gives Congress the sole power to dispose of and make rules respecting territory or other properties, a provision that Franklin D. Roosevelt ignored when he exchanged U.S. destroyers for British military bases.**