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 ...

Results 1 to 6 of 6

Thread: Article IV, Section 1?

  1. #1
    Distinguished Member Array C9H13NO3's Avatar
    Join Date
    Nov 2007
    Location
    Texas
    Posts
    1,513

    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.

  2. Remove Ads

  3. #2
    Member Array heckler22150's Avatar
    Join Date
    Mar 2009
    Location
    Alexandria, VA
    Posts
    21
    The Constitution means nothing to the statists.

  4. #3
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,570
    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).

  5. #4
    VIP Member
    Array falcon1's Avatar
    Join Date
    Jan 2006
    Location
    Tennessee
    Posts
    6,475
    Quote Originally Posted by Hopyard View Post
    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

    Veteran--USA FA
    NRA Benefactor Life
    Tennessee Firearms Association Life

  6. #5
    Distinguished Member Array C9H13NO3's Avatar
    Join Date
    Nov 2007
    Location
    Texas
    Posts
    1,513
    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.

  7. #6
    Distinguished Member Array kazzaerexys's Avatar
    Join Date
    Nov 2007
    Location
    Maryland
    Posts
    1,838
    Quote Originally Posted by C9H13NO3 View Post
    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

    SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Is this section new?
    By Rich219 in forum Reloading
    Replies: 6
    Last Post: February 21st, 2010, 11:00 AM
  2. New Section for Tactic's of BG's?
    By ArmyCop in forum Carry & Defensive Scenarios
    Replies: 12
    Last Post: October 13th, 2005, 03:21 PM

Search tags for this page

article 4 each state must recognize
,
article 4 gun
,
article 4 section 1
,
article 4 section 1 concealed carry
,

article 4 section 1 gay marriage

,
article 4 section 1 in relation to gay marriage
,

article iv section 1 gay marriage

,
article iv section 1 of the constitution gay marriage
,
section 10 article 1 gay marriage
,
u s constitution article iv section 1 cases
,
u.s. constitution, article iv (full faith and credit)
,
what is article 4 section 1 saying
Click on a term to search for related topics.