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as sec. 2 the citizens of each state shall be entitled to privileges and immunities of citz.in the several states.? is why can it be A misdmeanor in one state A felony in the next door state with the Const. being the" Supreme Law of the Land"

2007-01-04 18:25:44 · 2 answers · asked by wd_hnsn 1 in Politics & Government Law & Ethics

2 answers

There are several questions in your question. First, the full faith and credit clause goes to the effect of a judgement in a court case in one state automatically being respected with minimal effort to register it in another state. Second, the privileges and immunities clause goes to the right of a citizen of one state to be accorded the protections and rights of a citizen in any other state. For instance, Texas could not pass a law forbidding citizens of New York from manufacturing chili in Texas, despite the commercial on TV. Third, states are permitted to regulate activities and behavior within their borders. For instance, Massachusetts may permit homosexual couples to marry. The same behavior in another state may actually be a criminal act. Finally, the US Constitution is among other things an agreement among the states on what powers the federal government has and what powers the states have retained. California can pass a law permitting the possession of marijuana for medical purposes. Arizona can pass a law making the possession of more than 6 oz. of marijuana a felony. Congress can pass a law making the possession of marijuana a misdemeanor. So you can see that one act can be treated differently depending on where it takes place and who is prosecuting it. The federal law is supreme, meaning even if California says that use of medical marijuana is permitted, that would still be subject to federal prosecution in California if the DEA and the U.S. Attorney so desired.

2007-01-04 19:44:49 · answer #1 · answered by mattapan26 7 · 0 0

States are quasi-sovereign and can establish their own penal laws within the limits of constitutional reasonableness.

The point for full faith and credit is that the legal and administrative acts of one state must be and are recognized by all others, again within the limits of jurisdictional reasonableness. With respect to matters of status (divorce, adoption, etc.) that usually means domicile or at least stable residence.

2007-01-04 18:34:20 · answer #2 · answered by Anonymous · 5 0

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