The National Government and the 50 States Chapter 4 section 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”

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)

Invasion and Internal Disorder

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

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

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

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

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”

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

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

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

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

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

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

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

Interstate Relations Chapter 4 sec 3

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

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

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

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

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

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)