government 3.4 quiz notes

the nations obligation under the constitution 

republican form of government 

• No clear definition is generally understood to mean a representative government to be decided by congress and the president, not by the court. 

Making war, keeping peace 

• The national government is required to protect the states against domestic violence 

• in re-debs 1895 the president can act to protect federal property or in order to insure that the national government can carry out its duty. 

Admitting new states 

congress and new states 

• Only congress can admit new states 

• states cannot come from the territory of existing states without approval of that states legislature 

admission procedure 

• congress muster pass an enabling act for the proposed states to form a constitution which must then be approved by congress 

• an act of admission must then be approved by the president. 

Conditions for admission 

• Utah admitted after it agreed ro ban polygamy 

• Alaska could not claim lands legally held by native Americans 

• gongress cannot enforce conditions that compromise the independence of a state to manage its own affairs 

• recall of judges in Arizona 

• William Howard Taft 

Federal grants in aid 

Grants of federal money got the states, cities and counties 

Grants of federal land for schools roads canals flood control etc 

Cash grants began during the new deals efforts to combat the effects of the Great depression 

Around 400 billion a year today 

28 billion to farmers to make up losses due to tariffs 

Block funds used for broad purposes where states have freedom to decide how to spend the money 

Categorical funds used for closely defined purposed with conditions set by the federal government 

Project used for individual projects that states facilitates and private agencies compete. 

Other forms of federal aid 

FBI aids state and local enforcement 

The military trains the states national guard units 

Lulu payments to states with large federal land holdings 

State aid to the national government 

Conduct national elections 

Agreements among states 

The constitution reduces interstate frictions 

Interstate compacts 

• Agreements between states and with foreign states with the consent of congress 

• Port authority of NY and NJ 1921

• Over 200 in existence today 

• Compact for the supervision of parolees and probationers and the compact for juveniles have been signed by all 50 states. 

How the law crosses state lines 

In article IV section 1 the constitution commands that full faith and credit shall be given in each state to the public acts, Records  and judicial proceedings of every other state.

 Exceptions 

• Applies only to civil, not criminal, matters 

• Divorces are not  recognized if the person granted the divorce is not a resident of the state where it is granted 

Marriage and divorce 

• Must establish state residency in good faith 

• Williams vs North Carolina, 1945 

• Most states recognize same-sex marriage’s 14 states have prohibited them. 

 Extradition 

The definition of extradition in the constitution makes provisions for those who flee to another state to avoid punishment for a crime 

Changes in extradition law 

• Kentucky v Dennison 1861 shall in the extradition clause had to be read as may 

• Puerto Rico v  Brestad federal government can order an unwilling government to extradite a fugitive. 

Privileges and immunities 

The Constitution also protects citizens who move between states 

Unreasonable distinctions 

• No state can draw an unreasonable distinction between its own resident and those who live in another state 

Reasonable distinctions 

• Residency requirements to vote or hold public office or to practice law medicine, dentistry etc 

• Game and fishing licenses in state college tuition.