The National Government and the 50 States
Jan 03, 2016
The National Government and the 50 States
Most are found in Article IV
1. Guarantees a Republican form of government
Generally “Republican form” is understood to mean “Representative Gov”
The Nation’s Obligation to the
States:
2. Protection Against Invasion and Domestic Violence
a) An attack on any state is an attack on the entire US
b) Federal gov assumes that the 50 states will keep peace within its borders
a) Guarantees protection against domestic violence when the states can’t handle it
b) Ex: LA riots of ‘92
c) Federal gov also gives aid for Natural disasters
a) Ex: storms, floods, drought, forest fires
The Nation’s Obligation to the
States:
3. Respect for Territorial Integrity
Nat’l Gov must recognize the legal existence and physical boundaries of the states
Congress can’t create a new state from territory belonging to any of the states without permission
Congress can’t omit members from any states in either house
The Nation’s Obligation to the
States:
Only Congress has this ability
Conditions for admission Congress often has a set of
conditions the state must follow if it wants to be admitted to the union. Ex: Utah’s constitution must outlaw polygamy Taft and Arizona’s admission in 1911
Admitting New States
There are large areas of cooperation between the National and State governments
This includes: Funds ($$$) that the Federal Gov gives to the states
Grants of money from the Fed Gov to the States, cities, or counties often have specific purposes and “strings” attached
National Minimum Drinking Age Act of 1984
Services the states perform to aid the Gov States help carry out national elections States help conduct the census Naturalization takes place in State courts Local police sometimes help FBI catch bad guys Etc.
Cooperative Federalism
Interstate Relations
“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State”
Article IV, Section 1
Public acts = laws of a State Records = documents such as:
Birth certificates, marriage licenses, deeds of property, etc
Judicial proceedings = outcome of court proceedings/actions Wills, criminal convictions, divorce decrees, etc
Exceptions Applies only to civil, not criminal matters Some divorces
Williams v. North Carolina
Full Faith and Credit Clause
“A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.”
Article IV
Extradition
Resident of one state can’t be discriminated against in another state
States can require people to live in the state for a period of time before they can vote or obtain professional licenses
Tuition differences are okay
Privileges and Immunities Clause