Chapter 4 section 2 : The National Government and

the 50 States

•First Obligation: –The National Government guarantees that each State will have a republican form of government.

•REPUBLICAN????!!!???–Not like the Republican Party!

•It means representative government.– From the Roman idea of

“Republic.”

Second Obligation: Protection against Invasion and Domestic

violence.• Protect against other countries (OR terrorists) attacks

• Also helps during times of disasters…floods, drought, forest fires, etc.

Third Obligation:Third Obligation:

The National government must respect The National government must respect the territorial boundaries of each the territorial boundaries of each State.State.

How can a new State be added?

•Only Congress has the power to admit new states. If the new state is a part of an existing state, Congress must FIRST get that state’s approval.

•Only Congress has the power to admit new states. If the new state is a part of an existing state, Congress must FIRST get that state’s approval.

Admission process:•Area petitions congress.•Enabling Act: directs framing of

a state constitution.–Needs to be ratified by the residents.

•If Congress passes an Act of Admission, the President can sign the act and the new state enters the union.

One of the problems of federalism: the National gov’t

and State gov’ts fight over power. • There are 5

ways where the National gov’t and State gov’t work together:

COOPERATIVE FEDERALISM

First, Federal Grants-in-aid:

• A grant is like a gift.– As long as requirements are met, its FREE!

• Money or other resources are often given to States and / or cities or other local units.

• Usually conditional and categorical.– Education grants for education use only.– Conditions may also be set.

What would be one criticism of this kind of

grant?•The National gov’t increases its power in areas that are originally State issues

• Like Education!

•The National gov’t increases its power in areas that are originally State issues

• Like Education!

Second, block grants:

•federal grants to States or other local governments with broadly defined purposes and with few conditions

Third, revenue sharing:• this is no longer

practiced. • Congress gave a

share of Federal Income Tax $ to the states.

• No Strings attached!• Reagan nixed it

because of budget problems…

Fourth: other forms of federal aid.

•These are less visible. For example, the FBI aids State or local police forces.

Fifth: State aid to the National government.

•The States help the federal government by aiding FBI agents, holding federal elections, etc..

•Naturalization takes place in State courts.

The Constitution also discusses the relationship between

States.

First, interstate compacts:•Agreements among States and

nonpolitical agreements with foreign nations. There are over 200 of these agreements in force today.

Second, full faith and credit:

• States will follow and respect other State laws, records and judicial proceedings

• Two exceptions: one State cannot enforce another State’s criminal law

• Full faith and credit need not be applied to certain divorces granted by one State but granted to residents of another/gay marriage

Third, extradition: the legal process in which a fugitive from justice in one State is returned to that State from

another.

• Since 1987, a governor must comply with extradition orders from FEDERAL COURTS.

Fourth, privileges and immunities:

• a resident of one State may not be discriminated against unreasonably by another State.

• What is the key word in this sentence?

• UNREASONABLY.

•All citizens must obey the laws of all other States while in those States.

•States can make reasonable discriminations against residents of other States: examples:– Higher fees for licences

States CANNOT:• 1. Make unreasonable distinctions between

its own residents and those of other states.• 2. Refuse the right of any US citizen to

travel in or become a resident of that State.• 3. Refuse to allow any citizen to use its

courts or buy, own, rent, or sell property, or marry within its borders.

States CAN:• Require a person to live in that State for a certain

amount of time before holding public office or voting.

• Require a period of residency before a person can be licenced to practice law, medicine or dentistry.

• Require non-residents to pay higher fees for hunting or fishing licences.

• Charge a higher tuition to State universities to non-residents.

•What would happen if Canada invaded Wisconsin?

•The National government would use the military to fight.

•Why?

•What would happen if Canada invaded Wisconsin?

•The National government would use the military to fight.

•Why?

What would happen if the students of WTHS violently rioted?

•The State of Illinois would try to stop the violence.

•What would happen if the state could not stop the violence?

•The National government would step in.

•WHY?

•The State of Illinois would try to stop the violence.

•What would happen if the state could not stop the violence?

•The National government would step in.

•WHY?

• During which time period do you think the National government stepped in to stop domestic violence the most?

• Answer: during the ‘60s– Civil Rights movement

• Rioting in Chicago, Detroit and Baltimore following death of MLK Jr.

• What happened last summer when fires broke out in the Western US?

• The National government assisted.– The National

government must also help states after natural disasters

•Can the National Government take away pieces of Illinois, Indiana and Kentucky to make a new State?

•Not without the consent of each of the 3 states.

•Can the govt. take your home?•Most of the time-no, Eminent

Domain

•Can the National Government take away pieces of Illinois, Indiana and Kentucky to make a new State?

•Not without the consent of each of the 3 states.

•Can the govt. take your home?•Most of the time-no, Eminent

Domain

• If you are a criminal and on the run in Illinois, are you a criminal in Wisconsin?

• Yes, this is an example of interstate cooperation/ agreement. States have agreed to share criminal information.

• If get married in Las Vegas, are you married in Illinois?

• YES: Full Faith and Credit Clause• If you live in Gurnee and you receive land

in Michigan from a will, do you own that land?

• YES: Full Faith and Credit Clause• If you get divorced in one state, are you

considered divorced in another? • Not necessarily. Divorce/Gay Marriage

• If you commit a crime in Illinois and are caught in Arkansas, does the Governor of Arkansas have to send you back to Illinois?

No, but that’s usually what happens:

EXTRADITION

• Can you move to Florida?

YES: Privileges and Immunities

• Can you buy land in Michigan to build a summer home?

• YES: Privileges and Immunities

• Can a state refuse to let you vacation in their state?

• NO: Privileges and Immunities

• Can a state charge you higher college tuition if you are a “non-resident”?

• YES: not considered UNREASONABLE