FEDERALISM Interstate relations and National Governments obligations to the states

Interstate Relations 1. Interstate Compacts 2. Extradition No state can enter into any treaty according to the Constitution but they can, with the consent of Congress, enter into these interstate Compacts. Agreements between the states that deal with many different issues. Compact for the supervision of parolees and probationers Compact on juveniles. These two compacts allow the states to share important law –enforcement data 2. Extradition Article IV Section 2 makes provisions for those who flee to another state to avoid punishment for a crime. Legal process by which a fugitive from justice in one state can be returned to face justice. Governors regularly approve the extradition request they receive from other governors.

3. Privileges and Immunities Article IV section 2 of the Constitution protects citizens who movie between the states No state can draw unreasonable distinctions between its own residents and those people who live in another state. 1. each state must recognize the right of any American to travel in or become a resident of that state. 2. States must allow any citizen, no matter where they live, to use its courts and make contracts, buy, own, rent, or sell property in their state. States are allowed to draw reasonable distinctions between it own residents and those of other states. 1. live in the state for a set amount of time before they can vote 2. out of states residents pay a higher tuition rate to state colleges and pay a higher fee for fishing and hunting licenses because they do not pay taxes in the state. 3. live in the state for a fix time before they can be licenses to practice law or medicine.

4. Full Faith and Credit Article IV Section 1 of the Constitution commands that each state shall give full faith and credit to the public acts, records, and judicial proceedings of every other state. Public Acts Laws, documents such as birth certificates, marriage licenses, deeds to property, car registrations Judicial proceedings Outcomes of court actions; damages awarded, wills, divorce decrees. 2 exceptions States cannot apply other states criminal law Certain divorces granted by one state to residents of another state. Key is was the person who obtained the divorce in fact a resident of the that granted it? If the answer is no than the state that granted to divorce did not have the authority to do so.

Williams v North Carolina A couple traveled to Nevada where they each got a divorce so they could marry each other. They lived in Las Vegas for 6 weeks to establish residence to get a divorce in Nevada. North Carolina refused to accept the divorces claiming that the couple to not establish residency in Nevada and charged them with bigamous cohabitation. The Supreme Court ruled for North Carolina because the couple did not establish good faith residence in Nevada.

National governments obligations to the states 1. Republican Form of Government. Constitution requires that the national government to guarantee it to every state but it does not define what it is. The Supreme Court has refused to define it but it is understood to mean a representative government. The only time this was used was after the Civil War. Congress refused to admit Congress man from southern states until they had ratified the 13.14,15 amendments and broadened their laws to voting rights to African Americans.

Attack against one state is an attack against all. 2. Invasion and Internal Disorder Attack against one state is an attack against all. The federal system assumes that each of the states will keep the peace within its own borders but the Constitution does recognize that a state might need help in some situations so it guarantees protection against domestic violence. Detroit 1967 Chicago 1968 Los Angeles in 1992 Natural disasters.

3. Territorial Integrity The national government is bound by the constitution to respect the territorial integrity of each state. National government must recognize the legal existence and physical boundaries of each state. Congress House of Reps Senate Representation.

Admitting new states Only Congress can admit new states to the union Only restriction is that a new state cannot be created by taking land from one or more existing states without the consent of the states involved (Kentucky, Tennessee, Maine, west Virginia) Procedure 1. territory asks Congress for admission. 2 Congress issues an enabling Act directing the people of the territory to write a state constitution. 3. territory will hold a convention to write a Constitution which than is voted on by the people of the territory, if approved the document is submitted to Congress for its consideration. 4. If Congress accepts the states constitution it passes an Act of Admission if the President signs it the new state is added.

Conditions of Admission Congress can set conditions before adding a state. Utah had to outlaw polygamy Alaska prohibited from claiming title to any lands held legally by any Native American Congress cannot impose conditions of a political nature Coyle v Smith (Oklahoma) Arizona (recall on the states judiciary) President Taft