CHAPTER 4 – “FEDERALISM”

The Federal Government and its Relationship with the 50 States

Why is this picture ironic?

What we will focus on:

The Constitution creates Federal

obligations towards the State governments!!!

Federal Obligations to the States

Article IV, Section 4:1. Clause 1 – “The United States shall guarantee to every

State in this Union a Republican Form of Government…”

2. Clause 2 – “…and shall protect each of them against Invasion; and… against domestic Violence.”

What is a republican form of government? Think: Democracy vs. Republic

Republican Form of Government: "a government, in which all men, rich and poor, magistrates and subjects, officers and people, masters and servants, the first citizen and the last, are equally subject to the laws" (Federalist No. 10).

Generally means what???

“Democracy is the most vile form of government… democracies have ever been spectacles of turbulence and contention: have ever been found incompatible with personal security or the rights of property: and have in general been as short in their lives as they have been violent in their deaths.”

The Founding Fathers and “Democracy”

Why not a DEMOCRACY?

“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!”

Founders did NOT “like” democracy… BUT, states still maintain various aspects of direct

democracy…

Initiative, referendum, and recall… allow the electorate to exercise legislative power

independently from their republican representatives!

Today, the term “republican form of government”:

is a democratic form of government… where almost all adults vote for representatives… those representatives are responsible to the people… and there are no privileged classes.

Has this ever really been an issue??? Post Civil-War, Reconstruction

Protection from Invasion and Disorder

Clause 2 – “…and shall protect each of them against Invasion; and… against domestic Violence.” Under this provision, Congress has authorized presidents to

send federal troops into a state to guarantee law and order…

Main ISSUES: 1. Attacks against the United States (“Invasion”) 2. Natural Disasters (“domestic violence”?)

Examples…

1967 Detroit Riots

1992 L.A. Riots

Invasion/Disorder Response Process

1. Local Resources

2. State Resources

3. Federal Resources

This brings us

to…

What does FEMA do?

Purpose of FEMA: to ensure that federal control continues across the country during disaster times.

is responsible for providing the state and local governments with experts, assistance and funding.

Helps businesses in rebuilding efforts…

EX) Hurricane Andrew, Hurricane Katrina, Joplin Tornado

Where did FEMA come from?

FEMA came into existence through a series of executive orders, most notably by President Jimmy Carter in 1979. 

Executive Order 12148 created FEMA…

Stages of Emergency Relief: Early U.S. – Natural disaster, disease; WWII/Cold War – Nuclear threat; Post-9/11 – Terrorist attacks…

 

Criticisms against FEMA…

Nation’s “secret government”… Executive Orders, conspiracy theorists, and

underground bunkers

FEMA and its budget… The U.S. Department of Defense

Ineffective and inefficient

Admitting New States into the Union

ARTICLE IV, Section 3: “New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned was well as of the Congress.”

The Admission Process

Only Congress can admit new states… 1. Area asks for admission2. Congress passes an Enabling Act (“Enabling Act

of 1802”)3. State Constitutional Convention prepares State

Constitution4. Put it to a vote…5. Congress passes an Act of Admission!

Congress can also set conditions for admission…

EX) Utah, Arizona, Alaska

Quick Review

Three obligations of the Fed. Gov’t to the States…

1. Republican form of government2. Protection against invasion and disorder3. Respect the territorial integrity of the states