U.S. GOVERNMENT | A resilient balance of institutions
08 June 2008
State Governments
(The following article is taken from the U.S. Department of State publication, How the United States is Governed.)
As a federal system of government, the United States has several layers of government ranging from the federal government at the national level, to state and local governments. Two of these layers – the national and state – are addressed in the U.S. Constitution.
The U.S. Constitution gives Congress the authority to admit new states to the union. Since the ratification of the Constitution by the original 13 states, the United States has grown to encompass 50 states, varying widely in population and geographic size. In addition to the 50 states, there is a federal district – the District of Columbia – which is the national capital and not part of any state. The District of Columbia is governed by the city government, with budgetary control and administrative oversight by the U.S. Congress.
State governments are not subunits of the federal government; each state is sovereign and does not report in any constitutional way to the federal government. The U.S. Constitution and federal law, however, supersede state constitutions and state laws in areas where they are in disagreement.
STRUCTURE OF STATE GOVERNMENTS
The U.S. Constitution guarantees each state a republican form of government – that is, a government run by popularly elected representatives of the people. State governments generally mirror the federal government: In each state there is an elected head of the executive branch (the governor), an independent judiciary, and a popularly elected legislative branch.
Executive
The executive branch of each state is responsible for administering the day-to-day operations of government, providing services and enforcing the law. It is led by a governor, elected by statewide ballot for a two- or four-year term, depending on the state. Other top executive officials who may be elected rather than appointed are the lieutenant governor, secretary of state, attorney general, comptroller, and members of various boards and commissions. Positions not filled by election are usually filled by appointment by the governor.
Legislative
All states have a popularly elected legislature consisting of two chambers, except Nebraska, which has a single-chamber legislature. Legislators are elected from single-member districts and typically serve a two-year or four-year term. The names of the chambers vary by state. In most states the upper chamber is called the senate, while the lower chamber may be called the House of Representatives, House of Delegates, or State Assembly.
Primary duties of the legislature include enacting new laws, approving the state's budget, confirming appointments to the executive or judicial branches, and conducting oversight of executive branch operations. In many smaller states, legislators serve part-time and receive only nominal compensation. They may meet just a few weeks or months of the year before returning to their full-time occupations. In larger states, legislators serve year-round and receive the compensation and benefits of a full-time job.
Judicial
State court systems have jurisdiction over matters not covered by federal courts, including most civil cases between parties in the same state, criminal cases where violations involve state or local laws, family law, and issues relating to the state constitution.
The highest court in each state is the state supreme court or court of appeals. Justices are typically elected to lengthy terms, but do not serve for life. The high court usually has only appellate jurisdiction – reviewing decisions by lower courts – and its decisions in turn may be appealed to the U.S. Supreme Court. The structure of lower state courts varies widely by state. Some states have separate courts for civil and criminal matters, and all states have some form of local municipal or county courts to handle minor offenses and small claims.
POWERS AND RESPONSIBILITIES OF STATE GOVERNMENTS
As sovereign entities within the framework of the U.S. federal system, each state has its own constitution, elected officials, and governmental organization. States have the power to make and enforce laws, levy taxes, and conduct their affairs largely free from intervention from the federal government or other states.
State governments have primary responsibility for providing many important services that affect the everyday lives of their residents. These include:
• Setting educational standards and establishing methods for funding public education;
• Building and maintaining transportation networks;
• Establishing state-sponsored colleges and universities;
• Licensing and regulating businesses and professions;
• Creating and overseeing non-federal courts and the criminal justice system;
• Generally providing for the public safety;
• Issuing marriage licenses and driver's licenses;
• Issuing and recording birth and death certificates;
• Administering publicly funded health, housing, and nutrition programs for low-income and disabled residents;
• Managing state parks and other lands for recreation and environmental conservation purposes;
• Administering and certifying elections, including elections for federal officials;
• Commanding the state National Guard, except when called to national service.
Some of these responsibilities are delegated to or shared with local governments in many states. For example, in most states, marriage licenses are issued by city or county governments.
The role of state constitutions
In contrast to the U.S. Constitution, which is broadly written, state constitutions can be very detailed and specific. Many state constitutions go on for pages describing, for example, the rules for issuing bonds or defining the jurisdiction of various state courts. Why so much detail in state constitutions? One reason is that they are more readily amended than the U.S. Constitution. In most states, approval by a majority of voters in a statewide election is all that is required.
Another reason is that states, in contrast to the federal government, are largely free to exercise any power not prohibited to them. In order to effectively restrict state government powers, the restrictions must be spelled out in the state's constitution.
Finally, most states are required by their constitutions to have a balanced budget. Exceptions, such as borrowing to finance transportation or other construction projects, must be provided for in the constitution.
