The national government and the 50 states
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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

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Republican form of government
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
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)



Respect for territorial integrity
Respect for Territorial Integrity

  • Constitutionally bound to respect the territorial integrity of each of the states


Admitting new 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
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 procedure1
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
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
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 federalism1
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 federalism2
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
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 grants1
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
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
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

Interstate Relations

Chapter 4 sec 3


Interstate compacts
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
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


Full faith and credit
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
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
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 immunities1
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)


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