U.S. Constitution study guide: Difference between revisions

U.S. Constitution study guide (view source)

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→‎Article IV [Relations between States, and between States & the Federal Government]

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 * the Fugitive Slave Clause was annulled by the Thirteenth amendment which abolished slavery}}'''.</span>
-=== Section 3. [Admission of new states] ===
+=== Section 3. [Admission of new states & the Property Clause] ===
 {{#tip-text: [Section 3. Summary]|New states
@@ Line 745: / Line 745: @@
 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 as well as of the Congress.
-The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
+The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States '''{{#tip-text:Property or Territory Clause:
+* affirms Federal ownership of and authority over territories and federal properties within states
+* as western territories were admitted as states, the Federal government maintained ownership of much land, such as in Arizona, where the Federal government owns 80% of the land
+* most federal holdings are of national parks and forests, military bases, federal buildings and tracts of land not ceded to the new states (generally, lands now managed by the Bureau of Land Management)}}'''; and nothing in this Constitution shall be so construed '''{{#tip-text:as to Prejudice any Claims of the United States, or of any particular State|"shall be so construed":
+* means that the Property Clause will not "harm" or prejudice against any "claims" (assertion of ownership)
+* i.e., any disputes over claims must be settled outside of this clause}}'''.
 === Section 4. [Guarantees of Republican governance, protection against invasion & domestic violence] ===
-{{#tip-text: Section 4. overview| Guarantees to the states}}
+{{#tip-text: Section 4. overview| Guarantees to the states, including:
+* republican form of government
+* protection against invasion
+* protection against domestic violence
+}}
 The United States shall guarantee to every State in this Union a '''{{#tip-text: Republican form of government|Republican form
 * = representative democracy
 * this clause has rarely been invoked, but was important to the Reconstruction following the Civil War as a guarantee that Southern states re-entering the Union would be required to have republican forms of government
-* the Courts have otherwise held that this clause is a "political" and not a legal issue, although it has never been tested in terms of, say, a governor declaring a dictatorship in a state}}''', and shall protect each of them against Invasion; and on '''{{#tip-text:Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence|Protect against domestic violence
+* the Supreme Court has otherwise mostly held that legal application of this clause is a "political" (to be decided by the legislature) and not "justiciable" (to be decided by the courts), although it has never been tested in terms of, say, a governor declaring a dictatorship in a state}}''', and shall protect each of them against Invasion; and on '''{{#tip-text:Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence|Protect against domestic violence
 * the idea is that the Federal government has an obligation to respond to a state's request for help restoring order
 * but the federal government can only intervene at the request of a state
 * Shay's Rebellion was an important catalyst in the convening of the Constitutional Convention, as the federal government under the Articles of Confederation had no powers to intervene (the rebellion was put down by the state of Massachusetts)
-* during the political turmoil of 2020, President Trump offered to help states suppress riots across the country, especially in Oregon, but, per the domestic violence clause, he needed the states to request that assistance and so without that request was unable to send federal forces outside of those who directly protected federal property (courthouses, etc.)}}'''.
+* the state of Colorado invoked the clause in 1914 for Federal help to put down armed miners who were avenging the "Ludlow Massacre", an attack by state and mining company guards upon the campsite of a group of striking coal miners and their families
+* during the political turmoil of 2020, President Trump offered to help states suppress riots across the country, especially in Oregon, but, per the domestic violence clause, he needed the states to request that assistance, and so without that request was able only to send federal forces to protect federal properties (courthouses, etc.)}}'''.
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