4.2 – The National Government

The 50 States

The Nation’s Obligations to the States

1. Republican Form of Government Constitution: “Guarantee to every State in

this Union a Republican Form of Government” (Article IV)

Constitution & Supreme Court don’t define Republican Government

Generally understood to mean “Representative Government”

The Nation’s Obligations to the States2. Invasion & Internal Disorder

Constitution: “Protect each of them [States] against invasion…” (Article IV)

Attack on any State = Attack on the United States Domestic Violence (Ex. Riot or Natural Disaster):

Governor must ask for help

3. Respect for Territorial Integrity National Government must recognize the legal

existence and physical boundaries of each State Ex.) Equal Representation in the Senate

Admitting New States Admission Procedure

1. Ask Congress for admission

2. Congress passes an enabling act (directs the territory to create a State Constitution)

3. Convention prepares Constitution and then it is voted on

4. If approved, the constitution is submitted to Congress

5. Congress will pass an act of admission (act creating the new state)

6. President signs the act and the new state enters the Union

Cooperative Federalism Federal Grants-in-Aid

“Provide for the general welfare” Grants of federal money or other resources to the states

and/or their cities, counties and other local units Ex.) Morrill Act of 1862: Provides for Land Grant

Colleges/Universities Others: Mass transit, highway construction, healthcare,

school lunch programs, low-income housing, etc. 25% of state spending comes from Federal Grants-in-Aid

4.3 – Interstate Relations

Interstate Relations

Interstate Compacts: agreements among states and foreign states with the consent of Congress Examples: NY & NJ – Created the Port of New

York Authority All 50 States

Compact for the Supervision of Parolees Probationers & Compact on Juveniles

Full Faith and Credit Clause

“Full Faith and Credit shall be given in each State to the Public Acts, Records and Judicial Proceedings of every other State” (Article IV)

State laws and court decisions must be honored by other states

Interstate Relations Extradition: Legal process by which a fugitive

from justice in one State is returned to that State.

Privileges & Immunities Clause: No state can draw unreasonable distinctions between its own residents and those persons who happen to live in other states. Ex.) Can’t set welfare benefits to newly arrived

residents at a level below the benefits of long-term residents

Ex.) Can demand higher tuition for out-of-state students in a State University or College