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: 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

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)