ScholarWorks@숙명여자대학교

초록

This paper attempts to analyze horizontal aspects of US federalism with particular interest in its Constitutional underpinnings. Due to the historical experiences during the formative era of the United States of America, states play important roles in the US federalism. However, when states, as members of federal structure, exercise too much power, the entire federal structure will not hold itself. Therefore, the US Constitution provides three important weapons to deal with states in handling their relations with sister states. They are, firstly, Article 4 Section 1 and 2 of the Constitution, namely Full Faith and Credit Clause and Privilege and Immunity Clause, secondly, Dormant Commerce Clause, and thirdly, Due Process Clause of 14th Amendment. Those Constitutional provisions require states to respect and honor sister states laws, official records, and judgments, and not to discriminate sister states' legitimate interest, and not to extend its authority violating individuals rights which are protected by the Constitution.