Article IV, Section 1?
This is a discussion on Article IV, Section 1? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; From the U.S. Constitution:
Article. IV.
Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial ...
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April 17th, 2009 11:36 PM
#1
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Article IV, Section 1?
From the U.S. Constitution:
Article. IV.
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.
I don't see how this doesn't force reciprocity between all states. Drivers licences, marriage certificates, and all other "acts, records, and proceedings" are recognized by all the states. Why not a carry licence?
It doesn't mean a state has to be "shall issue", "may issue", or anything else. Just like a drivers licence, the state controls the criteria that must be met to attain the licence. Shouldn't the states HAVE to grant reciprocity just based on this?
-Ryan
All that is necessary for the triumph of evil is that good men do nothing.
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April 17th, 2009 11:36 PM
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April 18th, 2009 08:50 AM
#2
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The Constitution means nothing to the statists.
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April 18th, 2009 09:35 AM
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No, here's why. The public act of giving a CHL in a state, is that a license is granted for chl within that state. Other examples, you can get a business license in a given state, but it won't allow you to conduct business in other states.
I do not know what the formal definition of public acts is for this section of our constitution, and I certainly don't know the case law, but it is clear from our everyday lives and practice that either it wasn't interpreted to mean what you think it means or it has not been litigated (unlikely).
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April 18th, 2009 09:39 AM
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Originally Posted by
Hopyard
No, here's why. The public act of giving a CHL in a state, is that a license is granted for chl within that state. Other examples, you can get a business license in a given state, but it won't allow you to conduct business in other states.
I do not know what the formal definition of public acts is for this section of our constitution, and I certainly don't know the case law, but it is clear from our everyday lives and practice that either it wasn't interpreted to mean what you think it means or it has not been litigated (unlikely).
I understand what you are saying, but why then are marriage and driver licenses honored...formal interstate compacts? I find that hard to imagine.
If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772
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April 20th, 2009 01:05 AM
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Is a gay marriage certificate from Iowa or any of the other states that legalized gay marriage recognized in states that have not legalized gay marriage?
-Ryan
All that is necessary for the triumph of evil is that good men do nothing.
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April 20th, 2009 11:38 AM
#6
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Originally Posted by
C9H13NO3
Is a gay marriage certificate from Iowa or any of the other states that legalized gay marriage recognized in states that have not legalized gay marriage?
The prevailing current interpretation of the Full Faith and Credit clause is that if Congress does "by general Laws prescribe the Manner" then it sets a standard for (lacking a better word) reciprocity. Since the Defense of Marriage Act specifies such a Manner for recognizing legal marriages---a standard of one man, one woman---Article IV would say that no State must recognize any marriage that fails to meet that Congressional standard.
That same prevailing interpretation says that if there are no regulating laws at the Federal level, then the Full Faith and Credit clause applies fully. I agree that this should mean reciprocity of carry licenses, as there currently are no Federal standards for CCW.
By the way, if you look at the various National Reciprocity bills that get introduced from time to time, this is basically what they are trying to do---establish minimum Federal standards for CCW reciprocity that would try to put some teeth into the Full Faith and Credit clause...
“What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia
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