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The states are also constrained by the Constitution. Article I, Section 10, prohibits the states from entering into treaties with other countries, coining money, and levying taxes on imports and exports. Like the federal government, the states cannot violate personal freedoms by suspending the writ of habeas corpus, passing bills of attainder, or enacting ex post facto laws. Furthermore, the Fourteenth Amendment , ratified in 1868, prohibits the states from denying citizens the rights to which they are entitled by the Constitution, due process of law, or the equal protection of the laws. Lastly, three civil rights amendments—the Fifteenth, Nineteenth, and Twenty-Sixth—prevent both the states and the federal government from abridging citizens’ right to vote based on race, sex, and age. This topic remains controversial because states have not always ensured equal protection.

The supremacy clause in Article VI of the Constitution regulates relationships between the federal and state governments by declaring that the Constitution and federal law are the supreme law of the land. This means that if a state law clashes with a federal law found to be within the national government’s constitutional authority, the federal law prevails. The intent of the supremacy clause is not to subordinate the states to the federal government; rather, it affirms that one body of laws binds the country. In fact, all national and state government officials are bound by oath to uphold the Constitution regardless of the offices they hold. Yet enforcement is not always that simple. In the case of marijuana use, which the federal government defines to be illegal, twenty-three states and the District of Columbia have nevertheless established medical marijuana laws, others have decriminalized its recreational use, and four states have completely legalized it. The federal government could act in this area if it wanted to. For example, in addition to the legalization issue, there is the question of how to treat the money from marijuana sales, which the national government designates as drug money and regulates under laws regarding its deposit in banks.

Various constitutional provisions govern state-to-state relations. Article IV , Section 1, referred to as the full faith and credit clause    or the comity clause , requires the states to accept court decisions, public acts, and contracts of other states. Thus, an adoption certificate or driver’s license issued in one state is valid in any other state. The movement for marriage equality has put the full faith and credit clause to the test in recent decades. In light of Baehr v. Lewin , a 1993 ruling in which the Hawaii Supreme Court asserted that the state’s ban on same-sex marriage was unconstitutional, a number of states became worried that they would be required to recognize those marriage certificates.

Baehr v. Lewin . 1993. 74 Haw. 530.
To address this concern, Congress passed and President Clinton signed the Defense of Marriage Act (DOMA) in 1996. The law declared that “No state (or other political subdivision within the United States) need recognize a marriage between persons of the same sex, even if the marriage was concluded or recognized in another state.” The law also barred federal benefits for same-sex partners.

Questions & Answers

the first Republic political parties
Baby Reply
how call government system in Zambia
esenam Reply
was it Britain that colonialised usa
Temiloluwa Reply
what is Electoral malpractice
Bailey Reply
Clifford constitution of 1922
ABAH Reply
to this textbook which countries have the highest rates of execution?
michael Reply
What are the advantages and disadvantages of having so many levels of subnational governments in the United States? Explain
Nicole Reply
to help in protecting the right of the citizens, in safety purpose also if not many tribulation war and conflict in between the Nations and perhaps the citizens that is we really needs them.
Emmanuel
What are the advantages
maureen
what were the initial issues that led to the introduction of legislation
Benedicta Reply
Do the consideration and bill of rights protect the life and liberty of all Americans?
Benedicta
yes
Emmanuel
yeah
Akuchie
how do we answer government questions
Comfort Reply
by following all the due processes
Emmanuel
how many types of pre_ colonial political system do we have in Nigeria
Israel Reply
3
nkama
we 3 which are yoruba,hausa, Igbo
Israel
3
Ibrahim
3
Akuchie
opening day in the house. what is the speaker's first duty
Gabriel Reply
what is bill of right?
Dyutoe Reply
first 10 amendments to the Constitution
Ruthie
a bill of right in the United States,bill of right is the first tan amendment to the Constitution.
Israel
what is Electoral malpractice
Bailey
what prevented the equal rights Amendment from being ratified?
Darhel Reply
why some countries adopts written constitution
Paschal Reply
because it is documented
Comfort
what part of our government is based on parliament
SonIa Reply
what important political idea came from Thomas Hobbes
SonIa
Thomas Hobbes who is he
SonIa
English philosopher, considered to be one of the founders of modern  political philosophy
Akuchie
he was a guy who supported a strong government, because people in their natural state are dangerous and feral, and we need an Uber government to protect us from ourselves
Connor

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Source:  OpenStax, American government. OpenStax CNX. Dec 05, 2016 Download for free at http://cnx.org/content/col11995/1.15
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