Nation's Obligations to the States <ul><li>Republican Form of Government – came into play following the Civil War when the National Gov't refused to recognize some of the states that didn't ratify the 13th, 14th, and 15 th amendments and expand their laws to recognize rights of African-Americans.
Invasion and Internal Disorder – An invasion on one state is an invasion on them all. Sometimes states can't handle internal disorder (like riots) and a nation may come to help.
Respect for Territorial Integrity- Boundaries of the states are recognized by the National Government. </li></ul>
Enabling Act <ul><li>Only Congress has the power to admit new States to the Union.
The enabling act, is an act directing the people of the territory (that wants to be admitted) to frame a proposed State constitution.
Act of admission – an act creating the new state.
Hawaii and Alaska adopted a proposed constitution without waiting for the enabling act. They both became states in 1959. </li></ul>
Conditions for Admission <ul><li>Congress has often set conditions for states to be admitted.
Alaska was prohibited from claiming title to any lands legally held by any Native American.
Oklahoma wasn't suppose to change their capital from Guthrie for a certain amount of time. </li></ul>
Federal Grants-in-aid programs <ul><li>Grants of federal money or other resources to the States and/or their cities, countries, and other local units.
Historically these could have been in the form of land for things such as schools or colleges, roads and canals, or flood work.
There are more than 500 now in areas such as education, mass transit, highway construction, health care, etc.
Grants-in-aid blur the division of powers line in the federal government. Gives Washington a voice in the local government. </li></ul>
Revenue Sharing <ul><li>In place from 1972-1987
Congress gave an annual share of the huge federal tax revenue to the States and their cities, counties, and townships.
Opposed by the Reagan administration and went away.
Can you imagine if we still had this? It would be great but we would just go further in debt! </li></ul>
Federal Grants <ul><li>Categorical grants – they are made for some specific, closely defined purpose: for school lunches or the construction of airports. With strings attached, States can only use the money for the specific purpose involved, make its own monetary contribution, provide an agency to administer the grant, obey a set of guidelines tailored to the particular purpose for which the monies are given. </li></ul>
Federal Grants <ul><li>Block grants – made for more broadly defined purposes such as health care, social services, or welfare. Less strings attached and the states have more freedom in deciding what to spend block grant dollars on. </li></ul>
Federal Grants <ul><li>Project grants – These are grants made to States, localities, and sometimes private agencies that apply for them. For example, The Department of Health and Human Services makes many project grants – through its National Institutes of Health, to support scientists engaged in research on cancer, diabetes, etc. </li></ul>
State Aid to National Government? <ul><li>YES! State and local election officials conduct national elections in each State.
Naturalization, process of by which aliens become US citizens is handled by the states.
Those who commit federal crimes are often picked up by State and local police. </li></ul>
Interstate Relations <ul><li>Interstate compacts – States can, with the consent of Congress, enter into interstate compacts – agreements among themselves and with foreign states.
Why would they do this? </li><ul><li>sharing important law-enforcement data
motor vehicle safety </li></ul><li>Seven western States belong to the Colorado River Compact, which apportions the waters of the Colorado River Basin. </li></ul>
Full Faith and Credit <ul>Article IV, Section I states “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” <li>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 </li></ul>
Full Faith and Credit Clause <ul><li>Constitution's requirement that each State accept the public acts, records, and judicial proceedings of every other State.
Exceptions: Applies to civil, not criminal, matters. Also, full faith and credit need not be given to certain divorces grated by one State to residents of another State. </li></ul>
“Quickie” Divorces <ul><li>Williams v. North Carolina – 1945 Supreme Court Case. Man and woman went to Las Vegas so they could get divorces and then marry each other. They lived there for 6 weeks, received their divorces, married and returned to North Carolina. North Carolina didn't recognize their divorce and they were arrested and charged with bigamous cohabitation. The Supreme Court upheld North Carolina's denial of full faith and credit to the Nevada divorces. The couple had not established bona fide residence. You must intend to reside in a state permanently to become a legal resident of the state. </li></ul>
Extradition <ul><li>“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, section 2, clause 2.
Extradition – the legal process by which a fugitive from justice in one State can be returned to the state. Designed to prevent a person from escaping justice by fleeing a State. </li></ul>
Privileges and Immunities Clause <ul><li>“ The citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” Article IV, Section 2, Clause I.
No state can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.
They can't give preferential employment to their residents or higher welfare benefits to their long-term residents as opposed to their newly arrived.
They can require residents to live in a state for a certain amount of time before they can vote. They can require residents to have a certain license, like an Ohio teaching license. They can require nonresidents to pay higher fees to hunt or fish. And higher tuition for college. </li></ul>