The Constitution & Amendments

In Simple, Modern English

Section 1 requires states to recognize other states' public acts, records, and court proceedings, with Congress able to specify proof and effects.

Section 2 protects citizens' privileges and immunities across state lines and provides return of people charged with crimes who flee to another state; its fugitive-slavery provision was later superseded.

Section 3 lets Congress admit states and manage federal property and territories.

Section 4 guarantees republican state governments and protection against invasion and, when requested, domestic violence.

Important Clauses & Details

Section 1: Full Faith and Credit

States give legal recognition to other states' official records and judicial proceedings. Congress can regulate how records are proved and what effect they receive; application to laws is more qualified than application to final judgments.

Section 2: Citizens and fugitives

States generally cannot discriminate against citizens of other states concerning protected fundamental privileges without adequate justification. A person charged with a crime who flees may be returned on the charging state's executive request.

Section 3: New states and territories

Congress admits new states. Creating a state within another state, or by combining states or their parts, requires affected legislatures' consent as well as Congress's. Congress regulates federal territories and property.

Section 4: Guarantee Clause

The federal government guarantees every state a republican form of government, protects states against invasion, and protects against domestic violence on application by the legislature or by the executive when the legislature cannot convene.

Where to look: Article 4

Article 4: Interstate relations, new states, territories, and guarantees to state governments.

Full Faith and Credit Clause — Article IV, Section 1

Article IV, Section 1 concerns recognition of other states’ public acts, official records, and judicial proceedings. Final judgments generally receive stronger recognition than other states’ laws; the clause does not require identical state laws. Congress may prescribe proof and effects.

Privileges and Immunities Clause — Article IV, Section 2, Clause 1

Article IV, Section 2, Clause 1 protects citizens of other states against unjustified discrimination concerning fundamental privileges, such as pursuing a livelihood. Full Faith and Credit concerns records and judgments. This is also distinct from the Fourteenth Amendment’s Privileges or Immunities Clause, which concerns rights of U.S. citizenship.

Historical Context

The states needed rules for functioning as a lasting union rather than independent countries. These provisions support interstate cooperation and westward expansion. The fugitive-slavery clause also shows how the original framework accommodated slavery before the 13th Amendment.