National Government’s Obligations to the States

1. National Government’s Obligations to the States

2. 1.Republican form of Government • Article IV, Section 4 • Representative

3. 2.Protection against invasion and domestic violence • Article IV, Section 4 • Federal gov. intervention • Significance today vs. at writing?

4. Respect for Territorial integrity • Recognition of legal existence and physical boundaries of a state • Found in: Article I, Section 2, Clause 1 Article I, Section 3, Clause 1 Article IV, Section 3, Clause 1

5. Admitting new states • Restrictions: Article IV, Section 3, Clause 1 • Cannot establish state within another state • Cannot take land from a state to form another without permission of state legislature and Congress

6. Admission Procedure • 1. Petition to Congress • 2. Enabling Act • 3. State Constitution • 4. Popular vote • 5. Congressional consideration • 6. Act of Admission • 7. Presidential approval

7. Special Conditions for admission • Utah: outlaw polygamy • Oklahoma: location of capitol not Congress’ concern

8. Cooperative Federalism

9. 1. Federal Grants-in-aid • Money/resources to the states, counties, cities • Example: City of Cleveland received 2 million for bridge repair • Source of grants: Article 1, Section 8, Clause 1 • Strict usage so conditions attached: make own contribution, only for specified purpose, oversight agency Blurs federalism lines

10. 2. Block Grants • Money to state/local govs with very few conditions • Makes up about 20% of each state’s spending

11. 3. Miscellaneous forms • A. “Lulu” payments • B. Army, Airforce train each state’s National Guard • C. Census data is essential for schools, etc. • D. State aid to national gov: • Conduct/pay for national elections • Naturalization of citizens • Federal fugitives

12. InterstateRelations

13. Interstate Compacts • An agreement with a state and other states • Congress • Ex: Compact for the supervision of Parolees and Probationers • Compact on Juveniles • Compacts that coordinate forest fire protection, tax collections, etc.

14. Full Faith and Credit • Article IV, Section 1 • Public: laws of the states • Records: birth certificates, property deeds, marriage licenses, etc. • Judicial proceedings: outcome of court actions • Each state must recognize the validity of actions of the other states

15. Full faith and credit • Exceptions • Applies only to civil matters (not criminal) • Certain divorces granted by one state may not be honored by another • Person requesting divorce must be a resident of the state in which request filed

16. Extradition • Article IV, Section 2. Clause 2 • Fugitives in one state returned • Governor of requesting state to governor of asylum state • Unwilling governors can be forced by federal courts to turn over

17. Privileges and Immunities • Article IV, Section 2, Clause 1 • Interstate citizenship • Ex: right to pass through any state, right to use courts, sell property, etc • Can require establishment of citizenship • Reasonable discrimination • Nonresidents can be forced to pay higher costs for services than residents