Federalism

1. Federalism 4.2 The National Government & The Fifty States

2. The Nation’s Obligations to the States • Republican Form of Government • The Constitution requires the National Government to “guarantee to every State in this Union a Republican Form of Government” • This term is generally understood to mean a “representative government” • The only time the national government ever denied this to some of the states in the Union was after the Civil War • Until the southern states ratified the Civil War Amendments (13, 14, and 15), they were refused seats in Congress.

3. Invasion and Internal Disorder • Today, an invasion on any one of the fifty states would be met as an attack on the United States itself • This was not always the case: • In the 1780’s it was not certain that all thirteen states would stand together if a foreign power attacked, so before the thirteen states agreed to give up their war-making powers, they demanded this of the national government • It is assumed that each of the fifty states will keep the peace within its own borders but that there might be some circumstances under which the national government would need to intervene • Race riots of the 1960’s • Assassination of MLK Jr. • In answer to a request from a state governor/state legislature • If national laws are being broken, national functions interfered with, or national property endangered • Natural disturbances a.k.a. “domestic violence”

4. Respect for Territorial Integrity • The national government is constitutionally bound to respect the territorial integrity of each of the states; they must recognize the legal existence and the physical boundaries of each state • No state can be deprived of its equal representation in the United States without its own consent

5. Admitting New States • Only Congress has the power to admit new states to the Union; however, a new state can not be created by taking territory from one or more of the existing states without the consent of the legislature(s) of the state(s) involved • Five states have been created from parts of existing states • Vermont, Kentucky, Tennessee, Maine, and West Virginia • Congress has admitted thirty-seven state since the original thirteen formed the Union

6. The Admission Procedure • The area desiring statehood asks Congress for admission • If Congress chooses, they pass an enabling act, an act directing the people of the territory to frame a proposed State Constitution • A convention prepares the constitution, which is then voted on by the proposed state • If it’s approved, it is submitted to Congress for consideration • If Congress agrees to admit the state, it passes an act of admission; this act creates the new state • If the President signs the act, the new state enters the Union

7. Conditions for Admission • Before admitting a new state to the Union, Congress is allowed to place conditions upon that state • In 1896, Congress demanded Utah outlaw polygamy • However, the national government can not impose conditions of a political nature on new states • In 1906, Congress told Oklahoma they could only join the Union if they did not remove its capital from Guthrie to any other place before 1913 • In 1910, Oklahoma City became the capital and this was challenged in the Supreme Court; however, the court upheld the state’s decision to move the capital stating that no condition can be enforced which infringes upon a state’s right to manage its own affairs

8. Cooperative Federalism • The American governmental system is like a tug-of-war; and there are many shared powers and thereby a great deal of cooperation • Federal Grants-in-Aid • Grants of federal money or other resources to the States and their cities • Revenue Sharing – In place from 1972-1987 • Under this program, Congress gave an annual share of the huge federal tax revenue to the States and their cities; altogether, those revenues amounted more than $83 billion dollars over the years. • Virtually no strings were attached to this money; in fact, congress placed only one major restriction on the use of funds – the money could not be spent for any program in which discrimination on the basis of race sex, national origin, age, religious belief, or physical disability was evident.

9. Types of Federal Grants • Categorical Grants • Made for some specific, closely defined purpose • i.e., school of lunches, airport construction, etc. • Block Grants • Made for much more broadly defined purposes • i.e., healthcare, social services, welfare, etc. • Project Grants • Grants made to states and sometimes private agencies who apply for them • i.e., research on cancer or diabetes, job training, etc.

10. State Aid to the National Government • Intergovernmental cooperation is a two-way street • State officials conduct national elections in each state • They finance said elections with local funds and regulate them by state laws • The legal process by which aliens become citizens, called naturalization, takes place most often in State courts • Those who commit crimes and are sought by the FBI are often picked up by State and local police

11. federalism 4.3 Interstate Relations

12. Interstate Compacts • No state can enter into any treaty, alliance, or confederation; however, they can, with the consent of Congress, enter into interstate compacts – agreements among themselves and with foreign states • By 1920, the States had made only twenty-six compacts; since then, the number of interstate compacts has been growing • Example: New York and New Jersey creating what is now referred to as the Port Authority • There are only two which all the states have joined, each deal with sharing law enforcement data • Supervision of parolees and probationers • Compact of juveniles

13. Full Faith and Credit • The Constitution demands that “full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.” • Public acts – laws • Records – refers to documents such as birth certificates, marriage licenses, deeds to property, car registrations • Judicial proceedings – the outcomes of court proceedings (i.e., damage awards, wills, divorce decrees, etc.)

14. Exceptions • It applies only to civil, not criminal, matters; one state cannot enforce the criminal laws of another • Full faith and credit need not be given to certain divorces granted by one state to residents of another state • Was the person who obtained the divorce in fact a resident of the State that granted it? If not, the state granting the divorce did not have the authority to do so and other states do not have to recognize it • In short, don’t get married in Vegas!

15. Extradition • According to the Constitution, “A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.” • Extradition – the legal process by which a fugitive from justice in one state can be returned to that state • So far, the Supreme Court has held that the Constitution does not give the Federal Government any power with which to compel states to comply to this, but they almost always do anyway

16. Privileges and Immunities • The Constitution also provides that, “The citizens of each state shall be entitled to all privileges and immunities of citizens in several states.” • No state can draw unreasonable distinctions between its own residents and those person who happen to live in other states • Each state must recognize the right of any American to travel in or become a resident of another state • Each state must also allow any citizen to use its courts and make contracts or marry • A state cannot do such things as use preferential treatment in hiring for in-state residents • However . . . • They can expect an individual to live within their state for some time before holding ublic office or obtaining a license to practice medicine/law/dentistry, etc. • In addition, states can require non-residents to pay more to attend public universities