Chapter 4

Section 2: The National Government & the 50 States

When the Framers created the Constitution they wanted to preserve State’s rights. They did this by including the following provisions:1. The Constitution requires the National Government to

guarantee certain things to the States.2. The Constitution makes it possible for the National

Government to do certain things for the States.

The Nation’s ObligationsThe Constitution places several obligations on the National Government for the benefit of the States. Most of them are found in Article IV.

Republican Form of Government – The Constitution requires the National Government to guarantee to every State in the Union a republican form of Government. Another term to describe this type of government is “representative”.

Invasion and Internal DisorderThe Constitution states that the National Government must also protect each of the States against:1. Invasion2. Application of the law3. Domestic Violence (Calling in the National Guard for

riot control or assisting with recovery after a natural disaster)

Respect for Territorial IntegrityThe National Government must recognize & respect the

legalexistence and physical boundaries of each state.

Admitting New StatesAs the Framers were drafting the Constitution a key piece

oflegislation was enacted by the new Government. This

piecewas called the Northwest Ordinance of 1787. The

Framersanticipated the creation of new States in what was then

knownas the Northwest Territory (North of Ohio River and West

of NY,Penn, & Virginia). The Ordinance stated that in order to

qualify forStatehood, a territory must have a population of at least

60,000Persons. The Ordinance made the following provisions for

newStates:*Local self-government*Civil & political rights*Supports for Education*Creation of a township system for dividing land and the

supportof local schools.

Congress & New StatesOnly Congress has the power to admit new States to the Union. The Constitution places only one restriction on that power (A new State cannot be created by taking territory from one or more of the existing States without the consent of the legislatures of the States involved).

Admission ProcedureThe process of admission to the Union is usually simple. The area desiring Statehood first ask Congress for admission. If & when Congress chooses, it passes an enabling act (act directing people of the territory to frame a State constitution). If the voters approve the document, it is submitted to Congress for its consideration. If Congress approves of the document it passes an act of admission (act creating the new State). If the President signs the act, the new State enters the Union. The two newest States are Hawaii (1950) & Alaska (1959).

Conditions for AdmissionBefore admitting a new State, Congress has often set certain conditions. Here are two examples:1. In 1896, Utah was admitted on condition that its

constitution outlaw polygamy (the practice of having more than one spouse at a time).

2. In admitting Alaska to the Union, Congress forever prohibited that State from claiming title to any lands legally held by any Native American.

Cooperative FederalismSince Federalism allows for two different systems ofgovernment to operate over the same people at the same

time;competition, tensions, & conflict have become a regular

part ofAmerican Federalism. Picture the system as a constant

game oftug-of-war between the National Government & the

States.

Cooperative Federalism ContinuedDespite the conflict and tension between the two groups,

theAmerican federal system also involves a broad area ofshared powers.

Federal Grants-in-AidThe best known example of federal cooperation are

FederalGrants-in-Aid. These are donations of money that are

given tothe States and their cities/counties from the FederalGovernment. The money is often used for a variety of

differentfunctions. Below are some examples of what this money

hasbeen used for in the past:*Roads, canals, flood control work*Support local militia*highway construction*healthcare

Cooperative Federalism ContinuedToday, these grants total about $400 billion, and account

forabout a third of all State and local government spending

eachyear.

Types of Federal GrantsToday, Congress appropriates money for three types of grants-in-Aid .

1. Categorical grants- These grants are made for a specific,

closely defined purpose. For example, school lunches or the

construction of an airport. These grants are usually made with

conditions attached. They usually require the State to use the

federal monies only for the specific purpose involved. The Federal

government also asks the States to contribute their own money

often a matching amount. Lastly, the States must have an

agency administer the grant and obey a set of guidelines that

specify the purpose of the money.

Cooperative Federalism Continued

2. Block grants- These grants have come into use over the last

several years. They are made for broadly defined purposes such

as healthcare, social services, or welfare. They are made with

fewer strings attached so State and local governments have

greater freedom in deciding just how to spend the money.

3. Project Grants- These are grants made to States, localities,

and sometimes private agencies that apply. For example, the

Department of Health & Human Services makes many project

grants to support varies research such as studies on cancer.

Many State and local governments apply for these grants to fund

their job training and employment programs.

Other Forms of Federal AidThe National Government aids the States in several otherimportant ways. For example, the FBI gives held to State

andlocal police. The army and air force equip and train each

State’sNational Guard unites.

State Aid to the National GovernmentThe States and their local governments also aid the

NationalGovernment in many ways. State and local elections arefinanced with State and local funds, and they are

regulatedlargely by State laws. The legal process by which aliens

canbecome citizens, called naturalization, takes place most

often inState courts.