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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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