미국 연방주의의 헌법적 구조 I -수평적 연방주의-

This paper attempts to analyze horizontal aspect of federalism by reviewing US federalism with particular interest in the institutional underpinnings of the horizontal federalism. Due to the historical experience during the formative era of America, states play very important role in the US federalism. However, when states, as a member 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 handling other states. They are, Article 4 Section 1 and 2 of the Constitution, namely Full Faith and Credit Clause and Privilege and Immunity Clause, Dormant Commerce Clause, and 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.