State governments of the United States
Encyclopedia
State governments in the United States are those republics formed by citizens in the jurisdiction thereof as provided by the United States Constitution
; with the original
13 States forming the first Articles of Confederation
, and later the aforementioned Constitution. Within the U.S. constitution are provisions as to the formation of new States within the Union.
Structured in accordance with state law
(including state constitutions
and state statute
s), most state governments are modeled on the federal system
, with three branches of government—executive
, legislative
, and judicial
.
Under the Tenth Amendment to the United States Constitution
, all governmental powers not granted to the federal government by the Constitution
are reserved for the states or to the people.
The governments of the 13 colonies
that formed the original union under the Constitution trace their history back to the royal charters which established them during the era of colonialism
. Most other states were organized as federal territories
or parts of other states before forming their governments and requesting admittance into the union. Notable exceptions are California
, Vermont
, Texas
and Hawaii
, which were sovereign nations before joining the union.
has a bicameral
legislature, meaning it comprises two chambers
.
The unicameral
Nebraska Legislature
is commonly called the "Senate", and its members are officially called "Senators".
In the majority of states (26), the state legislature is simply called the "Legislature." Another 19 states call their legislature the "General Assembly". Two states (Oregon
and North Dakota
) use the term "Legislative Assembly", while another two (Massachusetts
and New Hampshire
) use the term "General Court".
is called the "Senate".
Until 1964, state senators were generally elected from districts that were not necessarily equal in population. In some cases state senate districts were based partly on county lines; in the vast majority of states the senate districts provided proportionately greater representation to rural areas. However, in the 1964 decision Reynolds v. Sims
, the U.S. Supreme Court ruled that, unlike the United States Senate
, state senates must be elected from districts of approximately equal population.
, Virginia
, and West Virginia
. California
and Wisconsin
call their lower house the "State Assembly", while Nevada
and New York
simply call the lower house the "Assembly". New Jersey
calls its lower house the "General Assembly".
. Most states have a plural executive, in which several key members of the executive branch are directly elected by the people and serve alongside the governor. These include the offices of lieutenant governor
(often on a joint ticket
with the governor) and attorney general
, secretary of state
, auditors
(or comptrollers or controllers), treasurer, commissioner of agriculture, and commissioner of education.
Each state government is free to organize its executive departments and agencies in any way it likes. This has resulted in substantial diversity among the states with regard to every aspect of how their governments are organized.
Each state registers vehicles for use on public roads. The federal government only registers a small portion of these that are actually owned by the federal government.
A state with a warrant against a fugitive apprehended in another state must seek extradition from that state which may involved court proceedings in the state where the accused currently resides.
The attorneys general
from several states may join forces and sue the federal government or a corporation in federal court usually for money, but sometimes for relief against federal law. If the suit is successful, the money is allocated to the treasuries of the individual states.
that hears appeals from lower state courts. Oddly, New York's highest court is called the Court of Appeals
, while its trial court is known as the Supreme Court
. Maryland also calls its highest court the Court of Appeals
. Texas and Oklahoma each separate courts of last resort for civil and criminal appeals. Each state's court has the last word on issues of state law and can only be overruled by federal courts on issues of Constitutional law
.
The structure of courts and the methods of selecting judges is determined by each state's constitution or legislature. Most states have at least one trial-level court and an intermediate appeals court from which only some cases are appealed to the highest court.
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
; with the original
Thirteen Colonies
The Thirteen Colonies were English and later British colonies established on the Atlantic coast of North America between 1607 and 1733. They declared their independence in the American Revolution and formed the United States of America...
13 States forming the first Articles of Confederation
Articles of Confederation
The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...
, and later the aforementioned Constitution. Within the U.S. constitution are provisions as to the formation of new States within the Union.
Structured in accordance with state law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
(including state constitutions
State constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
and state statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s), most state governments are modeled on the federal system
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
, with three branches of government—executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
, and judicial
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
.
Under the Tenth Amendment to the United States Constitution
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
, all governmental powers not granted to the federal government by the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
are reserved for the states or to the people.
The governments of the 13 colonies
Thirteen Colonies
The Thirteen Colonies were English and later British colonies established on the Atlantic coast of North America between 1607 and 1733. They declared their independence in the American Revolution and formed the United States of America...
that formed the original union under the Constitution trace their history back to the royal charters which established them during the era of colonialism
Colonialism
Colonialism is the establishment, maintenance, acquisition and expansion of colonies in one territory by people from another territory. It is a process whereby the metropole claims sovereignty over the colony and the social structure, government, and economics of the colony are changed by...
. Most other states were organized as federal territories
Incorporated territory
Territories of the United States are one of the four types of political division of the United States, overseen directly by the federal government of the United States and not any part of a U.S. state. These territories were created to govern newly acquired land while the borders of the United...
or parts of other states before forming their governments and requesting admittance into the union. Notable exceptions are California
California Republic
The California Republic, also called the Bear Flag Republic, is the name used for a period of revolt against Mexico initially proclaimed by a handful of American settlers in Mexican California on June 14, 1846, in Sonoma. This was shortly before news of the Mexican–American War had reached the area...
, Vermont
Vermont Republic
The term Vermont Republic has been used by later historians for the government of what became modern Vermont from 1777 to 1791. In July 1777 delegates from 28 towns met and declared independence from jurisdictions and land claims of British colonies in New Hampshire and New York. They also...
, Texas
Republic of Texas
The Republic of Texas was an independent nation in North America, bordering the United States and Mexico, that existed from 1836 to 1846.Formed as a break-away republic from Mexico by the Texas Revolution, the state claimed borders that encompassed an area that included all of the present U.S...
and Hawaii
Kingdom of Hawaii
The Kingdom of Hawaii was established during the years 1795 to 1810 with the subjugation of the smaller independent chiefdoms of Oahu, Maui, Molokai, Lānai, Kauai and Niihau by the chiefdom of Hawaii into one unified government...
, which were sovereign nations before joining the union.
Legislatures
The legislative branch of the U.S. states consists of state legislatures. Every state except for NebraskaNebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
has a bicameral
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
legislature, meaning it comprises two chambers
Chambers of parliament
Many parliaments or other legislatures consist of two chambers : an elected lower house, and an upper house or Senate which may be appointed or elected by a different mechanism from the lower house. This style of two houses is called bicameral...
.
The unicameral
Unicameralism
In government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...
Nebraska Legislature
Nebraska Legislature
The Nebraska Legislature is the supreme legislative body of the State of Nebraska, in the Great Plains region of the United States. The Legislature meets at the Nebraska State Capitol in the City of Lincoln, Lancaster County....
is commonly called the "Senate", and its members are officially called "Senators".
In the majority of states (26), the state legislature is simply called the "Legislature." Another 19 states call their legislature the "General Assembly". Two states (Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
and North Dakota
North Dakota
North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
) use the term "Legislative Assembly", while another two (Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
and New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
) use the term "General Court".
Upper Houses
In the 49 bicameral legislatures, the upper houseUpper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
is called the "Senate".
Until 1964, state senators were generally elected from districts that were not necessarily equal in population. In some cases state senate districts were based partly on county lines; in the vast majority of states the senate districts provided proportionately greater representation to rural areas. However, in the 1964 decision Reynolds v. Sims
Reynolds v. Sims
Reynolds v. Sims, 377 U.S. 533 was a United States Supreme Court case that ruled that state legislature districts had to be roughly equal in population.-Facts:...
, the U.S. Supreme Court ruled that, unlike the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, state senates must be elected from districts of approximately equal population.
Lower Houses
In 41 of the 49 bicameral state legislatures, the lower house is called the "House of Representatives". The name "House of Delegates" is used in MarylandMaryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, and West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
. California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
and Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
call their lower house the "State Assembly", while Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
and New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
simply call the lower house the "Assembly". New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
calls its lower house the "General Assembly".
Executive
The executive branch of every state is headed by an elected GovernorGovernor (United States)
In the United States, the title governor refers to the chief executive of each state or insular territory, not directly subordinate to the federal authorities, but the political and ceremonial head of the state.-Role and powers:...
. Most states have a plural executive, in which several key members of the executive branch are directly elected by the people and serve alongside the governor. These include the offices of lieutenant governor
Lieutenant governor (United States)
In the United States, 43 of the 50 states have a separate, full-time office of lieutenant governor. In most cases, the lieutenant governor is the highest officer of state after the governor, standing in for that officer when he or she is absent from the state or temporarily incapacitated...
(often on a joint ticket
Ticket (election)
A ticket refers to a single election choice which fills more than one political office or seat. For example, in the U.S., the candidates for President and Vice President run on the same "ticket", because they are elected together on a single ballot question rather than separately.A ticket can also...
with the governor) and attorney general
State Attorney General
The state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those...
, secretary of state
Secretary of State (U.S. state government)
Secretary of State is an official in the state governments of 47 of the 50 states of the United States, as well as Puerto Rico and other U.S. possessions. In Massachusetts, Pennsylvania, and Virginia, this official is called the Secretary of the Commonwealth...
, auditors
State auditor
State auditors are executive officers of U.S. states who serve as auditors and comptrollers for state funds....
(or comptrollers or controllers), treasurer, commissioner of agriculture, and commissioner of education.
Each state government is free to organize its executive departments and agencies in any way it likes. This has resulted in substantial diversity among the states with regard to every aspect of how their governments are organized.
Each state registers vehicles for use on public roads. The federal government only registers a small portion of these that are actually owned by the federal government.
A state with a warrant against a fugitive apprehended in another state must seek extradition from that state which may involved court proceedings in the state where the accused currently resides.
The attorneys general
State Attorney General
The state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those...
from several states may join forces and sue the federal government or a corporation in federal court usually for money, but sometimes for relief against federal law. If the suit is successful, the money is allocated to the treasuries of the individual states.
Judiciary
The judicial branch in most states is topped by a court of last resort usually called a supreme courtState supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
that hears appeals from lower state courts. Oddly, New York's highest court is called the Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
, while its trial court is known as the Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
. Maryland also calls its highest court the Court of Appeals
Maryland Court of Appeals
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis...
. Texas and Oklahoma each separate courts of last resort for civil and criminal appeals. Each state's court has the last word on issues of state law and can only be overruled by federal courts on issues of Constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
.
The structure of courts and the methods of selecting judges is determined by each state's constitution or legislature. Most states have at least one trial-level court and an intermediate appeals court from which only some cases are appealed to the highest court.
Offices
In order to complete their duties states form a variety of offices with particular assignments designated by the various branches. These offices may include:- Office of the Governor
- Office of the Lieutenant GovernorLieutenant governor (United States)In the United States, 43 of the 50 states have a separate, full-time office of lieutenant governor. In most cases, the lieutenant governor is the highest officer of state after the governor, standing in for that officer when he or she is absent from the state or temporarily incapacitated...
- Office of the State Attorney GeneralState Attorney GeneralThe state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those...
- Banking department
- State department of education
- State office of financial management
- State department of agriculture and markets
- State department of civil service
- State department of correctional services
- State department of economic development
- State department of environment conservation
- State department of health
- State department of insurance
- State department of labor
- State department of motor vehicles
- State department of stateSecretary of State (U.S. state government)Secretary of State is an official in the state governments of 47 of the 50 states of the United States, as well as Puerto Rico and other U.S. possessions. In Massachusetts, Pennsylvania, and Virginia, this official is called the Secretary of the Commonwealth...
- State department of taxation and finance
- State department of transportation
- State division of criminal justice services
- State division of housing and community renewal
- State division of military and naval affairs
- State division of the budget
- State division of veterans' affairs
- State policesState police (United States)In the United States, state police are a police body unique to each U.S. state, having statewide authority to conduct law enforcement activities and criminal investigations...
- State education departments
- State emergency management office
See also
- Comparison of U.S. state governments
- Local government in the United StatesLocal government in the United StatesLocal government in the United States is generally structured in accordance with the laws of the various individual states. Typically each state has at least two separate tiers: counties and municipalities. Some states have their counties divided into townships...
- Federal government of the United StatesFederal government of the United StatesThe federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
- Article Four of the United States ConstitutionArticle Four of the United States ConstitutionArticle Four of the United States Constitution relates to the states. The article outlines the duties states have to each other, as well as those the federal government has to the states...
- Seals of the U.S. statesSeals of the U.S. statesThe following gallery displays the official seals of the 50 states, federal district, and territories of the United States of America:-See also:* Coat of Arms of the U.S. States* Seals of Governors of the U.S. States* Flags of the U.S. states...