Published: March 03, 2006 03:00 pm      

Breaking down state boundaries

Equal rights, privileges, protections

Equal rights, privileges, protections

After establishing the executive, legislative and judicial branches of government in the first three articles, the U.S. Constitution’s framers turned to rights of the states and individual citizens in Article IV.

The first thing spelled out was that all states in the republic should be equal, and all citizens should have equal rights, privileges and protections regardless of which state they called home.

This is important in establishing a nation made up of a number of sovereign, yet united, states. It made plain that American citizens entering another state would be accorded the same treatment and conditions as the citizens of that state.

Had this not been done, the United States could have been a conglomerate of little, independent nations with their own borders and requirements for entry.

The article also provided for the extradition of those charged with crimes from states to which they may have fled, and for states to recognize each other’s laws.

The practice of servitude was addressed. During that period in history, it was common for many Americans to have indentured servants, who were obligated to serve for a period of years until their debt was erased. Article IV required that if these servants fled to another state, they had to be returned to the party they were obligated to serve.

The same provision was used as a basis for slave owners to regain slaves who fled to the North or other slave-free states.

Although other laws dealing with this subsequently were passed, this was their basis.

Section 3 provided for the entry of new states into the republic, and at the same time protected existing states from infringement on their territories. If an existing state was to be divided, it required the consent of its legislature and of Congress.

In addition, each state was guaranteed a republican form of government and was assured of protection both from external invasion and from domestic violence, provided the legislature or governor of that state requested federal assistance. It makes plain that regardless of the need or scope of a disaster, federal assistance should not move into a state until and unless it is invited.

Article V sets forth provisions for amending the Constitution. Those who wrote the Constitution had the foresight to make sure it would not be too easy to pass amendments, and that three-fourths of the states would have to approve amendments through action of their legislatures.

Over the years, hundreds of amendments have been proposed, most of them without sufficient weight to consider for passage. Some have appeared to be worthwhile until held up to the light of close scrutiny. Some others have been nothing more than whims.

In all the years since the Constitution became the law of the land in 1789, only 27 amendments have been approved, attesting to the innate wisdom of the author and early signers of the document.

The power of the Constitution, and the federal laws passed in accordance with its terms, is made plain in Article VI, which states that they take precedence over anything in state constitutions or state laws. It requires that not only federal officials but all state officials take an oath to support and uphold the U.S. Constitution.

One part of this section sometimes is taken too lightly. It requires that all treaties made by the United States under its constitutional authority become part of “the supreme Law of the Land.”

Senators should keep this in mind when approving treaties, particularly such things as trade agreements (treaties) that usurp U.S. sovereignty.

Section 8 of Article I specifies that Congress shall “regulate commerce with foreign nations.”

The final article, Article VII, is merely a book-keeping requirement for the adoption of the document.