Chapter 4 Section 2: The National Government & the 50 States

1. Chapter 4 Section 2: The National Government & the 50 States

2. When the Framers created the Constitution they wanted to preserve State’s rights. They did this by including the following provisions: The Constitution requires the National Government to guarantee certain things to the States. The Constitution makes it possible for the National Government to do certain things for the States. The Nation’s Obligations The Constitution places several obligations on the National Government for the benefit of the States. Most of them are found in Article IV. Republican Form of Government – The Constitution requires the National Government to guarantee to every State in the Union a republican form of Government. Another term to describe this type of government is “representative”.

3. Invasion and Internal Disorder The Constitution states that the National Government must also protect each of the States against: Invasion Application of the law Domestic Violence (Calling in the National Guard for riot control or assisting with recovery after a natural disaster) Respect for Territorial Integrity The National Government must recognize & respect the legal existence and physical boundaries of each state.

4. Admitting New States As the Framers were drafting the Constitution a key piece of legislation was enacted by the new Government. This piece was called the Northwest Ordinance of 1787. The Framers anticipated the creation of new States in what was then known as the Northwest Territory (North of Ohio River and West of NY, Penn, & Virginia). The Ordinance stated that in order to qualify for Statehood, a territory must have a population of at least 60,000 Persons. The Ordinance made the following provisions for new States: *Local self-government *Civil & political rights *Supports for Education *Creation of a township system for dividing land and the support of local schools.

5. Congress & New States Only Congress has the power to admit new States to the Union. The Constitution places only one restriction on that power (A new State cannot be created by taking territory from one or more of the existing States without the consent of the legislatures of the States involved). Admission Procedure The process of admission to the Union is usually simple. The area desiring Statehood first ask Congress for admission. If & when Congress chooses, it passes an enabling act (act directing people of the territory to frame a State constitution). If the voters approve the document, it is submitted to Congress for its consideration. If Congress approves of the document it passes an act of admission (act creating the new State). If the President signs the act, the new State enters the Union. The two newest States are Hawaii (1950) & Alaska (1959).

6. Conditions for Admission Before admitting a new State, Congress has often set certain conditions. Here are two examples: In 1896, Utah was admitted on condition that its constitution outlaw polygamy (the practice of having more than one spouse at a time). In admitting Alaska to the Union, Congress forever prohibited that State from claiming title to any lands legally held by any Native American. Cooperative Federalism Since Federalism allows for two different systems of government to operate over the same people at the same time; competition, tensions, & conflict have become a regular part of AmericanFederalism. Picture the system as a constant game of tug-of-war between the National Government & the States.

7. Cooperative Federalism Continued Despite the conflict and tension between the two groups, the American federal system also involves a broad area of shared powers. Federal Grants-in-Aid The best known example of federal cooperation are Federal Grants-in-Aid. These are donations of money that are given to the States and their cities/counties from the Federal Government. The money is often used for a variety of different functions. Below are some examples of what this money has been used for in the past: *Roads, canals, flood control work *Support local militia *highway construction *healthcare

8. Cooperative Federalism Continued Today, these grants total about $400 billion, and account for about a third of all State and local government spending each year. Types of Federal Grants Today, Congress appropriates money for three types of grants-in-Aid . Categorical grants- These grants are made for a specific, closely defined purpose. For example, school lunches or the construction of an airport. These grants are usually made with conditions attached. They usually require the State to use the federal monies only for the specific purpose involved. The Federal government also asks the States to contribute their own money often a matching amount. Lastly, the States must have an agency administer the grant and obey a set of guidelines that specify the purpose of the money.

9. Cooperative Federalism Continued Block grants- These grants have come into use over the last several years. They are made for broadly defined purposes such as healthcare, social services, or welfare. They are made with fewer strings attached so State and local governments have greater freedom in deciding just how to spend the money. Project Grants- These are grants made to States, localities, and sometimes private agencies that apply. For example, the Department of Health & Human Services makes many project grants to support varies research such as studies on cancer. Many State and local governments apply for these grants to fund their job training and employment programs.

10. Other Forms of Federal Aid The National Government aids the States in several other important ways. For example, the FBI gives held to State and local police. The army and air force equip and train each State’s National Guard unites. State Aid to the National Government The States and their local governments also aid the National Government in many ways. State and local elections are financed with State and local funds, and they are regulated largely by State laws. The legal process by which aliens can become citizens, called naturalization, takes place most often in State courts.