Constitution Breakdown #7: California AG Rob Bonta
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What is the main topic discussed in this episode?
This is the 99% Invisible Breakdown of the Constitution. I'm Roman Mars.
And I'm Elizabeth Jo.
Today, we are discussing Article 4, which talks about the relationship between the states and between the states and the federal government. We're also skipping ahead a bit and adding the Tenth Amendment to this conversation because that also talks about the states. Our guest for this episode is California Attorney General Rob Bonta. State attorneys general provide legal counsel to their state's government, oversee state prosecutions, and represent the public interest in a variety of cases. They also have the responsibility of protecting their state's citizens from federal overreach.
How does Article IV define the relationship between states and the federal government?
What constitutes an overreach can vary widely depending on the state's political leaning and who's in control of the federal government. During the Obama and Biden administrations, red states sued the federal government over issues like Medicaid expansion and environmental regulations. Now, blue states like California have sued the Trump administration dozens of times for things like withholding federal funding and deploying the National Guard without consent of the state. Attorney General Bonta talks about some of these lawsuits and why he believes the Constitution is on his side. But first, Elizabeth takes us through what we need to know about Article 4 and the 10th Amendment.
Okay, so unlike Articles 1, 2, and 3, which we've already talked about, they set up the federal government and get a lot of attention.
What role does the Tenth Amendment play in state rights?
Article 4 does not get too much love. Most people have no idea what it's about. It's not thought of too often, but it is an important source of powers and protections for the states. So when we talk about the relationship between the federal government and that of the states, we refer to that structure as federalism. And we've talked about federalism lots of times. But maybe we could really call that vertical federalism.
Okay.
How does California AG Rob Bonta address federal overreach?
What do you mean by that? Well, that's because it's the federal government sort of how it relates to each one of the 50 states. But the states have relationships with one another. And sections one and two of article four are actually about the relationships among the states. And we can talk about that as horizontal federalism. Got it. Yeah. So why don't we start with section one? Roman, why don't you read section one?
OK. Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. And Congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved and the effect thereof.
All right, that's a mouthful. So Section 1 is also known as the Full Faith and Credit Clause. And the Full Faith and Credit Clause embodies the idea that we need some kind of interstate cooperation in our system for the system to work. And the basic idea with the Full Faith and Credit Clause is that the states are supposed to respect the laws, records, and court decisions of other states. That's the general idea.
What are some examples of federal overreach discussed in the episode?
Yeah, yeah.
Well, what it means in the specifics, however, is that if, for instance, you have a state court issue a judgment in your favor, let's say you win a case and the court awards you damages or money, you can ask a court in another state to enforce or respect that judgment. Let's say if the person who owes you money now has left the state and taken their assets with them. The defendant doesn't get another chance to redo the case just because the dispute has essentially traveled to another state. Got it. That's really what the clause is about. Yeah. Most of the time, though, the full faith and credit clause is mostly overlooked. It doesn't feel like a hot topic, right?
Yeah, well, I think it's sort of metabolized into our way of being. Like, I don't think that I'd have different rights in different states necessarily all that much. I just think of the United States as one big thing, which is kind of how this works in practice.
How does California's stance on immigration enforcement reflect its legal principles?
That's the way it's supposed to work in theory.
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Chapters
8 chapters
1
What is the main topic discussed in this episode?
0:01–0:38
2
How does Article IV define the relationship between states and the federal government?
0:38–1:25
3
What role does the Tenth Amendment play in state rights?
1:25–1:51
4
How does California AG Rob Bonta address federal overreach?
1:51–2:59
5
What are some examples of federal overreach discussed in the episode?
2:59–3:51
6
How does California's stance on immigration enforcement reflect its legal principles?
3:51–6:23
7
What implications does the Obergefell v. Hodges ruling have on state laws?
6:23–8:19
8
How are states preparing for potential conflicts with federal policies in the future?
8:19–1:17:39