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