Constitution Part B

1. Read and paraphrase the “Full Faith & Credit” provision in Article 4. What does that mean for gay marriage? Explain.

2. Read through the rest of Article 4 – Paraphrase the amended portion that begins, “No person held to … may be due.” Why does this matter?

3. Do “lethal injection” and/or the “electric chair” contradict the 8th amendment? Why/why not?

Full faith and Credit: The Constitution states that each state must give credit to "public acts, records, and judicial rulings" that take place in any other state. Each state has to basically respect the laws of other states, if they agree or disagree with the laws or not. This applies to same sex marriage because it could protect or restrict same sex couples from getting married. If one state allows gay marriage and another state doesn't both states must respect that law. So lets say two women get married in one state and decide to move to a state that does not allow same sex marriages. The couple is going to need proof of the marriage and depending on the laws of that state they according to the full faith and credit clause, should respect the marriage because the other state allows it.

The amended portion of article 4 states "No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due." During this time slavery was still in full effect, and many slaves were trying to get away from the south and go to the north and seek freedom. By making this " fugitive slave act" it ensured that slave owners whose slaves escaped from them would be returned to them to continue their labor. If any slave was found in the north it was the authority's JOB to return them back to the south to their owner. This clause basically protects slave owners and was written to remind everyone that no matter if you think you have escaped you are still owned and owe your services to your master. This was very significant back then because it shows how much restriction the government was trying to bring upon slaves. The thirteenth amendment, abolishing slavery made this act void and was a very significant part of the Constitution at that time.

3. The 8th amendment states " Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted" which can be interpreted in many ways. For the sake of choosing a side I am going to argue that" lethal injection" and " the electric chair" do contradict the 8th amendment. It means that no person should be sentenced to a cruel punishment or unusual punishment and in my opinion a lethal injection or the electric chair does indeed fit under that. The lethal injection is used to KILL someone which is CRUEL, no matter what the crime is. Some may argue that killing someone because of the fact they killed someone is not being any better than them OR it is fair and as it is said in the bible " an eye for an eye or a tooth for a tooth". The electric chair is basically the same idea, sending electric shocks through a persons body is cruel and unusual and basically torture. So I would say YES it is a contradicting.