The National Government and the 50 States

1. The National Government and the 50 States Chapter 4 section 2

2. Republican Form of Government • Constitutional Requirements • “guarantee to every State Union a Republican Form of Government.” • Does not define RFG • Understood: representative Government • Addressed post Civil War • Southern states did not have a “RFG”

3. Invasion and Internal Disorder • The National Government is also required • To provide defense of the States from foreign invasion, • Agreed any attack on ONE was an attack on ALL • To aid in protecting against “domestic Violence” in the States. • States would “keep the peace” within the state • Understood the exceptions/ usually by request of a governor (NOT required)

4. Invasion and Internal Disorder

5. Respect for Territorial Integrity • Constitutionally bound to respect the territorial integrity of each of the states

6. Admitting New States • Congress Has the Power to Admit NEW states • Restriction: a new State CANNOT be created by taking territory from one or more existing States w/o consent of both State legislatures • Congress: • Admitted 37 states

7. Admitting New States: Admission Procedure • Area desiring Statehood ask congress • IF and WHEN Congresses chooses: • Pass Enabling Act: directs the people of the territory to frame a proposed State Constitution • Convention prepares the constitution • Popular vote in the Proposed State • Approved = submitted to congress

8. Admitting New States:Admission Procedure • If Congress agrees to Statehood • Pass Act of Admission • Creates a new state • If the President signs the act, the new State enters the Union • Newest States: • Alaska (applied in 1950) • Hawaii (applied in 1956) • Both admitted in 1959

9. Admitting New States:Conditions for Admission • Congress can impose conditions for admission • Cannot impose conditions of a political nature • Coyle v Smith • Oklahoma: a condition by Congress said they could not more their capital before 1913 • 1910: Moved Capital to Oklahoma City • Supreme Court “Congress can set conditions but could NOT impose upon state Sovereignty”

10. Cooperative Federalism • Even though the basis of federalism is the division of powers between levels of government, there is still much cooperation between them. • Rule over the same people in the same territory at the same time • Shared powers: Area of cooperation

11. Cooperative Federalism • Federal Grants-in-Aid • Grants federal money or other resources to the States and/or their cities, counties, local units • Help perform a large share of everyday functions

12. Cooperative Federalism • Revenue Sharing • Congress gives an annual share of the huge federal tax revenue to the States • Amounted to $83 billion over the years • One Restriction: CANNOT use it on any program that practices discrimination • Lost support during Reagan Administration

13. Types of Federal Grants • Categorical Grants • Made for specific, closely defined, purpose • Made with “strings” attached • Use the federal monies only for the specific purpose involved • Makes it own monetary contribution , often matching amount but sometimes much less • Provide an agency to administer the grant • Obey a set of guidelines tailored to the particular purpose for which monies are given

14. Types of Federal Grants • Block Grants • Portions of money allocated to States to use for • health care, • social services, • or welfare • granted with fewer strings attached • Projects Grants • Used to fund research, job training, or employment programs

15. Types of Federal AID • FBI helps State and local police • Air Force/Army/Marines help train National Guard Units • Lulu Payments • Used in lieu of property taxes

16. State Aid to National Government • Conduct National elections in the state • Financed with State funds • Regulated by the state • Naturalization • Takes place in State Courts • Commit Federal Crimes • Picked up by the state

17. Interstate Relations Chapter 4 sec 3

18. Interstate Compacts • Agreements among states and with foreign states • New York and New Jersey (compact to create the Port Authority • Others include: water, oil, wildlife, drivers licensing • All 50 states have joined two • Supervision of Parolees and Probationers • Compact on Juveniles

19. Terms • Public Acts: • laws of a state • Records: • documents as birth certificates, marriage licenses, deeds to property, car registrations • Judicial Proceedings: • Outcome of court actions: damage awards, probating of wills, divorce decrees

20. Full Faith and Credit • Recognize and respect the validity of the judgment of another state • Exceptions: • It applies to civil NOT criminal matters (one state cannot enforce another states criminal law) • Divorces: full faith and credit need not be given to certain divorces granted by another State to residents of another State • Example: Williams v North Carolina

21. Extradition • Legal process by which a fugitive from justice in one State can be returned to that State • Prevent from escaping and “fleeing” justice • Routine Matter • Courts can order an unwilling governoe to extradite a fugitive

22. Privileges and Immunities • No State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States • Recognize the right of any citizen to travel in or become a resident of that State • Marry within its borders • Buy, own, rent, or sell property

23. Privileges and Immunities • State CANNOT do things as try to relieve its unemployment problems by requiring employers to give a hiring preferences to in State residents • Hicklin v Orbeck (Alaska)