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!!!

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

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.
2.
Attacks against the United States (“Invasion”)
Natural Disasters (“domestic violence”?)
Examples…
1967 Detroit Riots
1992 L.A. Riots
1. Local
Resources
2. State
Resources
3. Federal
Resources
This brings
us to…

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

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…

Nation’s “secret government”…
 Executive Orders, conspiracy theorists, and underground
bunkers

FEMA and its budget…
 The U.S. Department of Defense

Ineffective and inefficient

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.”

Only Congress can admit new states…
1.
2.
3.
4.
5.
Area asks for admission
Congress passes an Enabling Act (“Enabling Act of 1802”)
State Constitutional Convention prepares State
Constitution
Put it to a vote…
Congress passes an Act of Admission!
Congress can also set conditions for admission…


EX) Utah, Arizona, Alaska

Three obligations of the Fed. Gov’t to the States…
1. Republican form of government
2. Protection against invasion and disorder
3. Respect the territorial integrity of the states