MAG05 CA TE CH04 01 1/9/06 4:27 PM Page Federalism… CH-4 TEXTBOOK.pdf · how power is divided in...

Objectives You may wish to callstudents’ attention to the objectivesin the Section Preview. The objectivesare reflected in the main headings ofthe section.Bellringer Have students discusswhether they get to make decisionsabout their lives or whether theirparents make all the decisions. Tellthem that they are really discussinghow power is divided in their families.Explain that in this section, they willlearn about the division of powerbetween the National Governmentand the States.Vocabulary Builder Tell studentsthat the Political Dictionary termsall relate to a problem the Framersof the Constitution faced. Have stu-dents draw a conclusion about whatthat problem was. Then ask them,as they read, to relate each term tohow power is distributed.

Point-of-Use Resources

Block Scheduling with LessonStrategies Activities for Chapter 4are presented on p. 21.

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Customize forMore Advanced StudentsHave students conduct research to investigate thechanging role of the Speaker of the House. (Youmay wish to assign each student a specific speaker.)Ask students to summarize their research in briefreports and then lead a discussion on the changingrole.

Consider these suggestions to manage extendedclass time:■ Refer students to the quotation by Justice OliverWendell Holmes on p. 95 of their textbooks. Havestudents respond to the quote in a class discus-sion, and work together to restate the quotationin their own words. Then have them write para-graphs that describe what government would belike today without the Supremacy Clause.

■ Divide the class into two groups. One groupshould create a graphic organizer showing thepowers granted to the government (one columnidentifying the powers, second column identifyingwhich level of government has them, third columnexplaining why). The other group should createa similar graphic organizer showing the powersdenied to the government. Have students referto the text and to Article 1, Section 8 of theConstitution for details.

Block Scheduling Strategies

Federalism: TheDivision of Power1

Lesson Plan

H-SS 12.7.3

1. Focus Tell students that govern-ment power is divided between theNational Government and the States.Ask students to discuss what theyknow about how power is divided.2. Instruct Ask students why theycannot read the Constitution to deter-mine all the specific powers assignedto the National Government and tothe States. Then lead a discussion of the various types of powers andhow local governments fit into thedual nature of federalism.3. Close/Reteach Remind studentsof the types of powers assigned to anddenied to the National Governmentand the States. Have students listthose types and provide one or twoexamples of each.

Federalism: The Division of Power

Objectives

1. Define federalism and explain why theFramers chose this system of government.

2. Identify powers delegated to and denied tothe National Government, and powersreserved for and denied to the States.

3. Understand that the National Governmentholds exclusive powers; it also holds con-current powers with the States.

4. Explain the place of local governments inthe federal system.

5. Examine how the Constitution functions as“the supreme Law of the Land.”

PoliticalDictionary

★ federalism★ division of powers★ delegated powers★ expressed powers★ implied powers★ inherent powers★ reserved powers★ exclusive powers★ concurrent powers

could they possibly create a new central govern-ment that would be strong enough to meet thenation’s needs and, at the same time, preservethe strength of the existing States?

Few of the Framers favored a strong centralgovernment based on the British model; and allof them knew that the Revolution had beenfought in the name of self-government. Yet theyalso knew that the government under theArticles of Confederation had proved too weakto deal with the nation’s many problems.

Remember, most of the Framers were dedi-cated to the concept of limited government.They were convinced (1) that governmentalpower poses a threat to individual liberty, (2)that therefore the exercise of governmentalpower must be restrained, and (3) that to dividegovernmental power, as federalism does, is tocurb it and so prevent its abuse.

Federalism DefinedFederalism is a system of government in which awritten constitution divides the powers of gov-ernment on a territorial basis between a central,or national, government and several regionalgovernments, usually called states or provinces.Each of these levels of government has its own

YYou know that federal law requires youngmen to register for military service at age 18;

that most employers must pay their workers atleast $5.15 an hour and time-and-a-half forovertime; and that no person can be denied a jobon the basis of his or her race or ethnicity.

You also know that State law says that youmust have a driver’s license in order to drive acar; that it is illegal for anyone under 21 to

buy alcoholic beverages, or for anyone under 18 to buy cigarettes orother tobacco products; and thatonly those persons who can satisfycertain requirements can buy or own firearms.

These examples illustrate a verycomplex system: the division of gov-ernmental power in the United Statesbetween National and State govern-ments. This section will help you better understand that complicatedarrangement.

Why Federalism?When the Framers of the Constitution met atPhiladelphia in 1787, they faced a number ofdifficult issues. Not the least of them: How

� State laws forbidthe sale of cigarettesto minors.

Why It Matters

The federal system divides govern-ment power in order to prevent itsabuse. There are two basic levels ofgovernment in the federal sys-tem—National and State. TheSupreme Court settles disputesbetween the two.

Teaching the Main Ideas L3

MAG05_CA_TE_CH04_01 1/9/06 4:27 PM Page 88

To make sure students understand the mainpoints of this section, you may wish to use theVenn diagram to the right.

Tell students that a Venn diagram compares twogroups by showing characteristics they have aloneand those they share. Ask students to use theVenn diagram to list powers that the NationalGovernment has and those that the States have.Powers that both groups share should be put inthe space where the circles overlap.

Teaching Tip A template for this graphic organizercan be found in the Section SupportTransparencies, Transparency 6.

Organizing Information

Reading StrategyOrganizing Information/OutlineAsk students to copy down the sec-tion’s main headings and subhead-ings in outline form, leaving spacefor details. Have them fill in thedetails as they read the section.


Guided Reading and Review Unit 1booklet, p. 24 provides students withpractice identifying the main ideasand key terms of this section.

Lesson Planner For completelesson planning suggestions, see theLesson Planner booklet, section 1.

Political Cartoons See p. 15 ofthe Political Cartoons booklet for acartoon relevant to this section.

Chapter 4 • Section 1

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Background NoteRoots of DemocracyThe roots of the federal system can betraced back over 3,000 years to theancient Israelites, who combined theirtribes to maintain national unity in the13th century B.C. Ten centuries later,the Greeks applied federal principles informing leagues of city-states, primarilyfor defensive purposes. The AchaeanLeague (280–146 B.C.) was foremostamong these. Taxes were collected, anarmy was raised from Achaea’s elevenmember states, and the federal gov-ernment—headed by a general whowas elected president and served alsoas commander in chief—establisheduniform weights and measures and afederal judiciary.

Answer to . . .Critical Thinking They show thatwhile local matters can be handledby a single State’s resources, forlarge national concerns hugeamounts of resources from theNational Government and theStates may be pooled.

substantial set of powers. Neither level, actingalone, can change the basic division of powersthe constitution has created. In addition, eachlevel of government operates through its ownagencies and acts directly through its own offi-cials and laws.

The American system of government standsas a prime example of federalism. The basicdesign of this system is set out in theConstitution. This document provides for a division of powers between the NationalGovernment and the States. That is, it assignscertain powers to the National Government andcertain powers to the States. This division ofpowers was implied in the original Constitutionand then spelled out in the Bill of Rights:

“ The powers not delegatedto the United States by the

Constitution, nor prohibited by it to theStates, are reserved to the States respectively,or to the people.”

—10th Amendment

In effect, federalism produces a dual systemof government. That is, it provides for two basiclevels of government, each with its own area ofauthority. Each operates over the same peopleand the same territory at the same time.

Federalism’s major strength is that it allowslocal action in matters of local concern, andnational action in matters of wider concern.Local traditions, needs, and desires vary fromone State to another, and federalism allows forthis very significant fact.

Illustrations of this point are nearly endless.For example, a third of the States are directlyinvolved in the liquor business, operating it as apublic monopoly; elsewhere private enterprise isthe rule. In 48 States many gas stations are self-service; in New Jersey and Oregon, the law forbidsmotorists to pump their own gas. Only oneState—North Dakota—does not require votersto register in order to cast their ballots. OnlyNebraska has a unicameral (one-house) legisla-ture. Oregon is the only State that has legalizedphysician-assisted suicide. Only five States—Alaska, Delaware, New Hampshire, Montana,and Oregon—do not impose a general sales tax.

While federalism allows individual States tohandle State and local matters, it also providesfor the strength that comes from union.

National defense and foreign affairs offer usefulillustrations of this point. So, too, do domesticaffairs. Take, for example, a natural disaster.When a flood, drought, winter storm, or othercatastrophe hits a particular State, the resourcesof the National Government and all of the otherStates may be mobilized to aid the stricken area.

Powers of the NationalGovernmentThe National Government is a government ofdelegated powers. That is, it has only those pow-ers delegated (granted) to it in the Constitution.There are three distinct types of delegated pow-ers: expressed, implied, and inherent.

The Expressed PowersThe expressed powers are delegated to theNational Government in so many words—spelled out, expressly, in the Constitution. Thesepowers are also sometimes called the “enumer-ated powers.”

You can find most of the expressed powers inArticle I, Section 8. There, in 18 clauses, theConstitution expressly gives 27 powers toCongress. They include the power to lay andcollect taxes, to coin money, to regulate foreign

� The National Government pro-vides protection from harm for theentire country. State governmentsprovide protection from harm withinState borders. Critical ThinkingHow do these photos illustrate the federal system?


Share the following quotation withstudents:

“Were we directed fromWashington when to sow andwhen to reap, we should soonwant for bread.”

—Thomas Jefferson

Discussion Ask students whatJefferson meant by his remark. Thenask how Jefferson’s perspective is stillrelevant to the “tug-of-war” powerstruggle that is a regular part ofAmerican federalism. H-SS 12.7.1


Section Support TransparenciesTransparency 18, Visual Learning;Transparency 117, Political Cartoon

Close Up on Primary SourcesBaron de Montesquieu, The Spirit ofthe Laws (1748), p. 58


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Have students read the passages under Powers of the National Governmenton pp. 89–91 and then answer the question below.

Which of the following is not a power of the National Government?

A raising and maintaining armed forces

B granting patents and copyrights

C enacting uniform marriage and divorce laws

D prohibiting racial discrimination in access to such places as restaurantsand hotels

Preparing for Standardized Tests

Answer to . . .Critical Thinking Establishing diplo-matic relations is a power tradition-ally held by sovereign states, and isthus an inherent power.

“ to make all Laws whichshall be necessary and proper

for carrying into Execution the foregoingPowers and all other Powers vested by thisConstitution in the Government of theUnited States, or in any Department orOfficer thereof.”

—Article I, Section 8, Clause 18

Through congressional and court interpreta-tion, the words necessary and proper have cometo mean, in effect, “convenient and useful.”Indeed, the Necessary and Proper Clause issometimes called the Elastic Clause, because,over time, it has been stretched to cover so manysituations.

Here are but a few of the thousands of exam-ples of the exercise of implied powers. Congresshas provided for the regulation of labor-management relations, the building of hydro-electric power dams, and the building of the42,000-mile interstate highway system. It hasmade federal crimes of such acts as movingstolen goods, gambling devices, and kidnappedpersons across State lines. It has prohibitedracial discrimination in granting access to suchplaces as restaurants, theaters, hotels, and motels.

and interstate commerce, to raise and maintainarmed forces, to declare war, to fix standards ofweights and measures, to grant patents andcopyrights, and to do many other things.

Several other expressed powers are set outelsewhere in the Constitution. Article II,Section 2 gives several powers to the President.They include the power to act as commander in chief of the armed forces, to grant reprievesand pardons, to make treaties, and to appoint major federal officials. Article III grants “thejudicial Power of the United States” to theSupreme Court and other courts in the federaljudiciary. Finally, several expressed powers arefound in various amendments to theConstitution; thus, the 16th Amendment givesCongress the power to levy an income tax.

The Implied PowersThe implied powers are not expressly stated inthe Constitution but are reasonably suggested—implied—by the expressed powers. The consti-tutional basis for the implied powers is found inone of the expressed powers. Article I, Section 8,Clause 18 gives Congress the “necessary andproper power.” The Necessary and ProperClause says that Congress has the power

� The powers delegated to the National Government include the power to coin money, to pro-hibit race-based discrimination, and to conduct foreign relations. In 1971, Richard Nixon (right)became the first American President to visit China; his historic trip led to United States recog-nition of the government of the People’s Republic of China. Critical Thinking Why is estab-lishing diplomatic relations considered an inherent power?

Expressed Power Implied Power Inherent PowerExpressed Power Implied Power Inherent Power

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Create a three-column chart with thefollowing headings: ExpressedPowers, Implied Powers, andInherent Powers. Write each of thefollowing examples on slips of paperand hand them out to students. Askstudents to place their example inthe appropriate category: regulatingimmigration, collecting taxes, coiningmoney, regulating labor relations,building dams, building highways,prohibiting discrimination, declar-ing war, and giving diplomaticrecognition. H-SS 12.1.5SN


The Enduring Constitution LimitedGovernment, p. 4

Basic Principles of the ConstitutionTransparencies Transparencies 16-22,Limited Government

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Limited GovernmentAlthough the Necessary and Proper Clause of theConstitution seems to give Congress an almostunlimited power to make laws on any topic thatit wishes, there are some limitations. The processof judicial review allows the nation’s courts todetermine which laws are unconstitutional, therebylimiting the types of laws that Congress createsto those that are necessary and proper.

ActivityHave students consider the powers given toCongress by the Necessary and Proper Clauseand the court’s practice of judicial review. Askstudents to consider whether both of these powersare necessary to U.S. government. Allow time forstudents to create arguments to support theirpositions, then hold a debate on the topic.

Constitutional Principles Answer to . . .Evaluating the Quotation PresidentReagan refers to the fact that theindividual States existed before aNational Government was formed.It was the several States that calledfor a convention to revise theArticles of Confederation, out ofwhich rose the NationalGovernment as we know it today.

Congress has taken these actions, and manymore, because the power to do so is reasonablyimplied by just one of the expressed powers: thepower to regulate interstate commerce.1

The Inherent PowersThe inherent powers belong to the NationalGovernment because it is the national governmentof a sovereign state in the world community.Although the Constitution does not expressly provide for them, they are powers that, over time,all national governments have possessed. It standsto reason that the Framers of the Constitutionintended the National Government they created tohold these powers.

The inherent powers are few in number. Themajor ones include the power to regulate immi-gration, to deport undocumented aliens, toacquire territory, to grant diplomatic recognitionto other states, and to protect the nation againstrebellion or other attempts to overthrow thegovernment by force or violence.

One can argue that most of the inherent pow-ers are implied by one or more of the expressedpowers. For example, the power to regulateimmigration is suggested by the expressedpower to regulate foreign trade. The power toacquire territory can be drawn from the treaty-making power and the several war powers. Butthe doctrine of inherent powers holds that it isnot necessary to go to these lengths to find thesepowers in the Constitution. In short, these pow-ers exist because the United States exists.

Powers Denied to the NationalGovernmentAlthough the Constitution delegates certainpowers to the National Government, it alsodenies the National Government certain powers.It does so in three distinct ways.

First, the Constitution denies some powers tothe National Government in so many words—expressly.2 Among them are the powers to levyduties on exports; to prohibit freedom of reli-

gion, speech, press, or assembly; to conduct ille-gal searches or seizures; and to deny to any per-son accused of a crime a speedy and public trialor a trial by jury.

Second, several powers are denied to theNational Government because of the silence ofthe Constitution. Recall that the NationalGovernment is a government of delegated pow-ers; it has only those powers the Constitutiongives to it.

Among the many powers not granted to theNational Government are the powers to create apublic school system for the nation, to enact uni-form marriage and divorce laws, and to set upunits of local government. The Constitution saysnothing about these matters. It says nothing thatwould give the National Government the powerto do any of these things, expressly, implicitly, orinherently. In short, the lack of any such provi-sion—the silence of the Constitution—deniespower to the National Government.

Third, some powers are denied to the NationalGovernment because of the federal system itself.

1Article I, Section 8, Clause 3. The doctrine of implied powers istreated in greater detail in Chapter 11.

2Most of the expressed denials of power are found in Article I,Section 9 and in the 1st through the 8th amendments.

President Ronald Reagan (1911–2004) was 69 years oldwhen he took office in 1981. During his two terms,President Reagan made it a priority to give powerback to the States. The excerpt below comesfrom his first inaugural address.

“ It is my intention to curb the sizeand influence of the Federalestablishment and to demandrecognition of the distinctionbetween the powers granted to theFederal Government and thosereserved to the States or to thepeople. All of us need to be remindedthat the Federal Government did notcreate the States; the States created the FederalGovernment.”

Evaluating the QuotationWhat does President Reagan mean when he notes that “theFederal Government did not create the States; the States createdthe Federal Government”?

Voices on GovernmentVoices on GovernmentL1



Consider these suggestions to manage extendedclass time:■ Discuss the nation’s obligations to the Stateswith the class. For each obligation, have stu-dents decide whether they find the obligation tobe a necessity for maintaining a federalist gov-ernment. List obligations on the chalkboard, andask volunteers for historical examples. Lead adiscussion on whether each obligation increases ordecreases the power of the Federal Government.

■ Point out that one of the main aspects ofcooperative federalism is that the FederalGovernment gives money to the States in theform of grants. Have students create graphicorganizers comparing characteristics of federalgrants. Then ask them to consider how categoricalgrants can be used by the Federal Government tosupport an agenda, and to write a paragraphevaluating how this practice can affect the divisionof powers in a federal system of government.


Objectives You may wish to callstudents’ attention to the objectivesin the Section Preview. The objectivesare reflected in the main headings ofthe section.Bellringer Ask students whether theyhave ever paddled a canoe withsomeone. Have them discuss the rolesof each canoeist, and lead them toconclude that cooperation is essentialto success. Explain that in this sec-tion, they will learn about how theNational Government and the Statescooperate in governing the nation.Vocabulary Builder Ask for a defin-ition of the verb to grant. Elicit thatgrant means “give.” Then have stu-dents offer definitions for the termsin the Political Dictionary that con-tain the noun grant. Students shouldrevise or add to their definitions asthey read the section.

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The NationalGovernment and the 50 States

2

Lesson Plan

H-SS 12.1.51. Focus Tell students that theConstitution gives the NationalGovernment a role in overseeing theconduct, safety, and welfare of theStates. Ask students to discuss whatthey know about this role.

2. Instruct Ask students who isresponsible for keeping the peacewithin the borders of your State. Leada discussion of occasions when federalforce may be used to restore order ina State. Then have students list otherexamples of the National Government’sextending aid to or power over States.3. Close/Reteach Remind studentsof the constitutional relationshipbetween the National Governmentand the States. Ask each student towrite three questions and answersabout that relationship. Then havestudents quiz one another.

The National Government andthe 50 States

Objectives1. Summarize the obligations that the

Constitution places on the nation for thebenefit of the States.

2. Explain the process for admitting newStates to the Union.

3. Examine the many and growing areas ofcooperative federalism.

Why It Matters

In this country, the power to govern isshared by the National Governmentand each of the 50 States (includingtheir thousands of local governments).Given this fact, conflicts areinevitable—and cooperation isabsolutely necessary.

Political

Dictionary

★ enabling act★ act of admission★ grants-in-aid program★ revenue sharing★ categorical grant★ block grant★ project grant

Union a Republican Form of Government.”10

The Constitution does not define “RepublicanForm of Government,” and the Supreme Courthas regularly refused to do so. The term is generally understood to mean a “representativegovernment.”

The Supreme Court has held that the ques-tion of whether a State has a republican form ofgovernment is a political question. That is, it isone to be decided by the political branches of thegovernment—the President and Congress—andnot by the courts.11

HHave you ever really focused on the wordsUnited States? The United States is a union

of States, the several States joined together, theStates united.

The Constitution created and is intended topreserve that union. To that end, the Constitution(1) requires the National Government to guar-antee certain things to the States and (2) makesit possible for the National Government to docertain things for the States.

The Nation’s Obligations to the StatesThe Constitution places several obligations onthe National Government for the benefit of theStates. Most of them are found in Article IV.

Republican Form of GovernmentThe Constitution requires the NationalGovernment to “guarantee to every State in this

10Article IV, Section 4.11The leading case here is Luther v. Borden, 1849. This case grew

out of Dorr’s Rebellion, a revolt led by Thomas W. Dorr against theState of Rhode Island in 1841–1842. Dorr and his followers had writ-ten and proclaimed a new constitution for the State. When they triedto put the new document into operation, however, the governor inoffice under the original constitution declared martial law, or tempo-rary rule by military authorities. The governor also called on theFederal Government for help. President John Tyler took steps to putdown the revolt, and it quickly collapsed. Although the question ofwhich of the competing governments was the legitimate one was amajor issue in Luther v. Borden, the Supreme Court refused to decidethe matter.

� After the Civil War, the “Republican Form ofGovernment” figured prominently as laws were broadenedto help recognize African American voting rights.



Reading StrategyDrawing InferencesTell students that the relationshipbetween the National Governmentand the States involves cooperation.Have them find evidence, as theyread, to support that statement.






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To make sure students understand the mainpoints of this section, you may wish to use thedouble web graphic organizer to the right.

Tell students that a double web compares andcontrasts information. Ask students to use thedouble web to outline the roles of the NationalGovernment and those of the State governments,and to show how these governments affect eachother.



Background NotePolitical TalkThe way that ordinary Americans haveused the term United States showshow popular attitudes toward the con-cept of federalism have changed overtime. From the birth of the nation untilthe Civil War, for example, people gen-erally used the name as a plural noun—saying “The United States are. . .” Thisusage emphasized the individuality ofthe States at a time when peoplethought of themselves primarily as citi-zens of their particular State. Sincethen, people have referred to thenation in the singular—saying “TheUnited States is . . .”—a usage stressingthe singularity of the Union rather thanthe separateness of the States.

Answer to . . .Interpreting Tables The communityappeals to local government; if itcannot respond, it appeals to firstState and then federal organiza-tions. This process demonstratesthat while States have particularresponsibilities, if they cannot meetthem the National Government hasthe responsibility to help.

would stand together if a foreign power attackedone of them. So, before the 13 States agreed togive up their war-making powers, each demandedan ironclad pledge that an attack on any singleState would be met as an attack on all States.

The federal system assumes that each of the50 States will keep the peace within its own bor-ders. Thus, the primary responsibility for curb-ing insurrection, riot, or other internal disorderrests with the individual States. However, theConstitution does accept that a State might notbe able to control some situations. It thereforeguarantees protection against internal disorder,or what the Constitution calls “domesticViolence,” in each of them.

The use of federal force to restore orderwithin a State has historically been a rareevent. Several instances did occur in the1960s, however. When racial unrest explodedinto violence in Detroit during the “long, hotsummer” of 1967, President Lyndon Johnsonordered units of the United States Army intothe city. He acted at the request of the gover-nor of Michigan, George Romney, and onlyafter Detroit’s police and firefighters, support-ed by State Police and National Guard units,could not control riots, arson, and looting

The only extensive use ever made of therepublican-form guarantee came in the yearsimmediately following the Civil War. Congressdeclared that several southern States did nothave governments of a republican form. Itrefused to admit senators and representativesfrom those States until the States had ratifiedthe 13th, 14th, and 15th amendments andbroadened their laws to recognize the votingand other rights of African Americans.

Invasion and Internal DisorderThe Constitution states that the NationalGovernment must also

“ protect each of them[States] against Invasion;

and on Application of the Legislature, or ofthe Executive (when the Legislature cannotbe convened) against domestic Violence.”

–Article IV, Section 4

Today it is clear that an invasion of any one ofthe 50 States would be met as an attack on theUnited States itself. This constitutional guaranteeis therefore now of little, if any, significance.

That was not the case in the late 1780s. Duringthat time, it was not at all certain that all 13 States

The Major Disaster Process

Step1

Step2

Step3

Step4

Step5

Step6

Local Government Responds. If overwhelmed, turns to the State for assistance.

The State Responds with State resources, suchas the National Guard and State agencies.

Damage Assessment by local, State, Federal, and volunteer organizations.

A Major Disaster Declaration is requested bythe governor, based on damage assessment.

FEMA Evaluates the request and recommendsaction to the White House.

The President Approves the request or FEMAinforms the governor it has been denied.

SOURCE: Federal Emergency Management Agency

Interpreting Tables The Federal Emergency Management Agency (FEMA) helpsState and local governments in the case of a natural disaster such as a hurricane.Coast Guard helicopters (above) rescued civilians trapped by flooding followingHurricane Katrina in 2005. Explain the steps that lead to a communityreceiving federal disaster aid. How does this process illustrate federalism?H-SS 12.1.5


Tell students that they are living in anew territory that is searching forStatehood in the United States. Basedon what they have learned about theadmission process, have studentscreate a graphic organizer that illus-trates the process of admission tothe Union that would have to takeplace in order for the territory tobecome a State. Compare students’charts with how Alaska and Hawaiigained admission to the Union.


Section Support TransparenciesTransparency 19, Visual Learning;Transparency 118, Political Cartoon

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Have students read the passages under Admitting New States on this andthe following page and then answer the question below.

What would be the final obstacle to an area achieving Statehood?

A the failure of the President to sign an act of admission

B not receiving an enabling act from Congress

C not meeting certain requirements set by Congress

D opposition by the American people

Preparing for Standardized Tests

one restriction on that power. A new State can-not be created by taking territory from one ormore of the existing States without the consentof the legislature(s) of the State(s) involved.14

Congress has admitted 37 States since theoriginal 13 formed the Union, as the map on thenext page shows. Five States (Vermont,Kentucky, Tennessee, Maine, and West Virginia)were created from parts of already existing States.Texas was an independent republic beforeadmission. California was admitted shortly afterbeing ceded to the United States by Mexico. Eachof the other 30 States entered the Union onlyafter a longer period of time, frequently morethan 15 years, as an organized territory.

Admission ProcedureThe process of admission to the Union is usuallyfairly simple. The area desiring Statehood firstasks Congress for admission. If and when Con-gress chooses, it passes an enabling act, an actdirecting the people of the territory to frame aproposed State constitution. A convention prepares the constitution, which is then put to apopular vote in the proposed State. If the voters

in the city. In 1968, again at the request of thegovernors involved, federal troops were sentinto Chicago and Baltimore to help put downthe violence that erupted following the assassi-nation of Martin Luther King, Jr.

Normally, a President has sent troops into aState only in answer to a request from its governoror legislature. If national laws are being broken,national functions interfered with, or nationalproperty endangered, however, a President doesnot need to wait for such a plea.12

The ravages of nature—storms, floods,drought, forest fires, and such—can be moredestructive than human violence. Here, too, act-ing to protect the States against “domesticViolence,” the Federal Government stands readyto aid stricken areas.

Respect for Territorial IntegrityThe National Government is constitutionallybound to respect the territorial integrity of eachof the States. That is, the National Governmentmust recognize the legal existence and the phys-ical boundaries of each State.

The basic scheme of the Constitution imposesthis obligation. Several of its provisions do so, aswell. For example, Congress must include, inboth of its houses, members chosen in each oneof the States.13 Recall, too, that Article V of theConstitution declares that no State can bedeprived of its equal representation in the UnitedStates Senate without its own consent.

Admitting New StatesOnly Congress has the power to admit new Statesto the Union. As part of the National Govern-ment’s guarantee of respect for each State’s territorial integrity, the Constitution places only

12President Grover Cleveland ordered federal troops to put an endto rioting in the Chicago rail yard during the Pullman Strike in 1894despite the objections of Governor William Altgeld of Illinois. TheSupreme Court upheld his actions in In re Debs, 1895. The Courtfound that rioters had threatened federal property and impeded theflow of the mails and interstate commerce. Thus, more than “domesticViolence” was involved. Since then, several Presidents have actedwithout a request from the State involved. Most recently, PresidentDwight Eisenhower did so at Little Rock, Arkansas, in 1957, andPresident John Kennedy did so at the University of Mississippi in1962 and at the University of Alabama in 1963. In each of thoseinstances, the President acted to halt the unlawful obstruction ofschool integration orders issued by the federal courts.

13In the House, Article I, Section 2, Clause 1; in the Senate, Article I,Section 3, Clause 1 and the 17th Amendment.

14Article IV, Section 3, Clause 1. Some argue that this provisionwas violated with West Virginia’s admission in 1863. That State wasformed from the 40 western counties that had broken away fromVirginia over the issue of secession from the Union. The consentrequired by the Constitution was given by a minority of the membersof the Virginia legislature—those who represented the 40 westerncounties. Congress accepted their action, holding that they were the only group legally capable of acting as the Virginia legislature at the time.

California became the 31st State on September 9, 1850, twoyears after being ceded by Mexico.

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Consider these suggestions to manage extendedclass time:■ Assign each student a State to research in orderto determine at least one interstate compact thatthe assigned State has entered (links may be foundat www.phschool.com). Have each studentcreate a summary of the scope of the agreement(s)he or she researched. Have students present infor-mation on their agreements to the class. Finally,lead a class discussion on the importance ofinterstate compacts.

■ Discuss the Full Faith and Credit Clause, extra-dition, and the Privileges and Immunity Clausewith the class. Organize the class into groups ofthree, assigning one of the above agreements toeach student. Have each student create scenariosdescribing what would happen if States didn’thonor the assigned agreement. Have studentsshare their scenarios with their groups, and writebrief summaries of the importance of all threetypes of agreements. Finally, have each groupshare a scenario with the entire class.


Objectives You may wish to callstudents’ attention to the objectivesin the Section Preview. The objectivesare reflected in the main headings ofthe section.Bellringer Ask students to supposethat they are planning to drive to aschool team’s regional playoff threeStates away. Have them discuss howthey would feel if they first had to geta passport and a driver’s license fromeach of the other States. Explain thatin this section, they will learn thatcooperation among States avoidssuch time-consuming chores.Vocabulary Builder Write each termfrom the Political Dictionary on theboard. Have students try to defineeach by using the meanings of theindividual words or word parts. Askstudents to check their definitions asthey read the text.

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Lesson Plan

H-SS 12.7.11. Focus Tell students that theConstitution promotes smooth relationsamong States. Ask students to discusswhat they know about interstate rela-tions and the laws governing them.

2. Instruct Ask students what wouldhappen if someone robbed a bank inyour State and escaped across theborder into another State. Have stu-dents offer similar examples of howStates cooperate through compacts,the Full Faith and Credit Clause, andthe Privileges and Immunities Clause.3. Close/Reteach Remind studentsthat constitutional provisions helpavoid interstate conflict. Then havestudents list the four provisionsregarding interstate relations, explaineach, and provide an example of howconflict is avoided.

Interstate Relations3

AA s you know, conflict among the States was amajor reason for the writing and adoption of

the Constitution. The fact that the new documentstrengthened the hand of the National Govern-ment, especially regarding commerce, lessenedmany of those frictions. So, too, did several of theConstitution’s provisions that deal directly withthe States’ relationships with one another. Thissection is concerned with those provisions.

Interstate CompactsNo State can enter into any treaty, alliance, orconfederation. However, the States may, withthe consent of Congress, enter into interstatecompacts—agreements among themselves andwith foreign states.15

By 1920, the States had made only 26 com-pacts. Since then, the number of interstate compacts has been growing. New York and NewJersey led the way in 1921 with a compact creat-ing what is now the Port Authority of New Yorkand New Jersey to manage and develop the harbor facilities bordering both States. Morethan 200 compacts are now in force, and many

Interstate Relations

Objectives

1. Explain why States make interstatecompacts.

2. Understand the purpose of the Full Faithand Credit Clause.

3. Define extradition and explain its purpose.

4. Discuss the purpose of the Privilegesand Immunities Clause.

Why It Matters

What if Texas citizens were not allowed totravel into Oklahoma, or needed a specialpassport to do so? What if your NorthCarolina driver’s license were not validwhen you drove through Ohio?Fortunately, several key provisions in theConstitution promote cooperation betweenand among the States.

PoliticalDictionary

★ interstate compact★ Full Faith and

Credit Clause★ extradition★ Privileges and

Immunities Clause

15Article I, Section 10, Clause 3. The Supreme Court has held thatCongressional consent is not needed for compacts that do not tendto increase the political power of the States, Virginia v. Tennessee,1893. But it is often difficult to decide whether an agreement is polit-ical or nonpolitical. So, most interstate agreements are submitted toCongress as a matter of course.

involve several States. In fact, all 50 States havejoined in two of them: the Compact for theSupervision of Parolees and Probationers and the Compact on Juveniles. These two compactsenable States to share important law-enforcementdata. Other agreements cover a widening rangeof subjects. They include, for example, compactsdesigned to coordinate the development and conservation of such resources as water, oil,wildlife, and fish; prevent forest fires; combatstream and harbor pollution; provide for tax collections; promote motor vehicle safety; facili-tate the licensing of drivers; and encourage thecooperative use of public universities.

� Seven western States belong to the Colorado River Compact, whichapportions the waters of the Colorado River Basin. H-SS 12.7.2



Reading StrategyPredictingAsk students to quickly skim thesection, paying particular attentionto headings, subheadings, boldfacedwords, and graphics. Have themwrite down predictions about whatthey will learn concerning relationsbetween States. Ask them to makeany necessary corrections to their pre-dictions after they have read the text.

Time 90 minutes.Purpose Explore interstate relations.Grouping Three to five students.Activity Have each group create a“new” State that lies within the current boundaries of the U.S., providing its location, population,and most abundant resources. Eachgroup should make a list of 5–10State laws that are most importantto the State’s people. Roles Discussion leader, recorder,spokesperson. Close Encourage spokespersons fromthe different groups to meet to dis-cuss interstate compacts or otheragreements that would benefit bothparties. Lead a discussion about howthe Constitution has eased tensionamong States by promoting coopera-tion among them.H–SS 12.7.1





Government Assessment RubricsCooperative Learning Project:Process, p. 20


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To make sure students understand the mainpoints of this section, you may wish to use theweb graphic organizer to the right.

Tell students that a web shows a main idea andits supporting details. Ask students to use theweb to outline details about interstate relations,including compacts, Full Faith and Credit,extradition, and privileges and immunities.



In a similar vein, a person can prove age,place of birth, marital status, title to property,and similar facts by securing the necessarydocuments from the State where the recordwas made. The validity of these documentswill be recognized in each of the 50 States.

ExceptionsThe Full Faith and Credit Clause is regularlyobserved and usually operates routinelybetween and among the States. This rule hastwo exceptions, however. First, it applies onlyto civil, not criminal, matters. One State can-not enforce another State’s criminal law.Second, full faith and credit need not be givento certain divorces granted by one State to res-idents of another State.

On the second exception, the key questionis always this: Was the person who obtainedthe divorce in fact a resident of the State thatgranted it? If so, the divorce will be accordedfull faith and credit in other States. If not, thenthe State granting the divorce did not have theauthority to do so, and another State canrefuse to recognize it.

Williams v. North CarolinaThe matter of interstate “quickie” divorceshas been troublesome for years, especiallysince the Supreme Court’s decision in a 1945case, Williams v. North Carolina. In that case,a man and a woman had traveled to Nevada,where each wanted to obtain a divorce so theycould marry each other. They lived in LasVegas for six weeks, the minimum period ofState residence required by Nevada’s divorcelaw. The couple received their divorces, weremarried, and soon after returned to NorthCarolina. Problems arose when that State’sauthorities refused to recognize their Nevadadivorces. North Carolina brought the coupleto trial and a jury convicted each of them ofthe crime of bigamous cohabitation (marryingand living together while a previous marriageis still legally in effect).

On appeal, the Supreme Court upheld NorthCarolina’s denial of full faith and credit to theNevada divorces. It ruled that the couple had notin fact established bona fide—good faith, valid—residence in Nevada. Rather, the Court held that

� Full Faith and Credit The Full Faith and Credit Clauseensures that records such as birth certificates and marriagelicenses are recognized in all 50 States. H-SS 12.7.1

Full Faith and CreditThe Constitution commands that

“ Full Faith and Credit shallbe given in each State to the

public Acts, Records, and judicialProceedings of every other State.”

—Article IV, Section 1

The term public acts refers to the laws of aState. Records refers to such documents as birthcertificates, marriage licenses, deeds to property,car registrations, and the like. The words judicialproceedings relate to the outcome of courtactions: damage awards, the probating (prov-ing) of wills, divorce decrees, and so forth.

The Full Faith and Credit Clause most oftencomes into play in court matters. Take thisexample: Allen sues Bill in Florida, and theFlorida court awards Allen $50,000 in damages.Bill cannot escape payment of the damages bymoving to Georgia, because Allen could simplyask the Georgia courts to enforce the damageaward. Neither would the case have to be retriedin Georgia. Instead, the Georgia courts wouldhave to give full faith and credit to—recognizeand respect the validity of—the judgment madeby the Florida court.

L3


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