State government provides many services and regulates many activities for the people of a state. In the United States, a state government maintains law and order, protects property rights, and regulates business. It supervises public education, including schools and state universities. It provides public welfare programs, builds and maintains highways, operates state parks and forests, and regulates the use of state-owned land. It has direct authority over local governments—counties, cities, towns, townships, villages, and school districts.
The government in some countries, such as France and the United Kingdom, operates under the unitary system. Under this system, the national government defines and establishes the powers of local governments. The United States has a federal system, which divides power between the national and state governments. However, the division of power is subject to dispute. In general, the states reserve the power to take any action that does not conflict with the Constitution of the United States, acts of Congress, or treaties entered into by the national government. See States’ rights.
The independent powers of state governments arose during the colonial period. After the Declaration of Independence in 1776, each former British colony called itself a state to indicate its sovereign (independent) position. The term state generally means an area of land whose people are organized under a sovereign government. Each state gave up some of its powers when its citizens approved the federal Constitution.
Since the founding of the United States, the powers and activities of the national government have greatly expanded. The federal government has become involved in many matters, such as education and housing, that once were handled only by state and local governments. Many of these matters required national action or more financial resources than state or local governments could provide. Nevertheless, state and local governments still have numerous responsibilities. In the 1990’s, the federal government even began giving authority back to state governments. In 1996, for example, Congress passed welfare reform legislation that gave lump-sum payments to the states to design and carry out their own programs for the poor.
State constitutions
Each state has a constitution that sets forth the principles and framework of its government. Every state constitution has a bill of rights (sometimes called a declaration of rights), which guarantees basic rights, such as freedom of speech. Many state constitutions have provisions on finance, education, and other matters.
The original 13 states had constitutions before the U.S. Constitution was adopted. Those of Massachusetts and New Hampshire are still in use. Constitutional conventions prepared most constitutions now in use.
A state constitution may be amended in several ways. The state legislature may submit a proposed amendment to the people for approval. The Delaware legislature may ratify such an amendment without a popular vote, but only by a two-thirds majority in each of two sessions. In 17 states, the people may suggest an amendment and vote on it in a state election. In some states, constitutional conventions may adopt amendments, subject to ratification by the people. In other states, a constitutional commission may propose an amendment, which must receive legislative approval before being submitted to the people.
Executive branch
The governor,
elected by the people, heads the executive branch in each state. The governor has the power to appoint, direct, and remove from office a large number of state officials. The state constitution authorizes this official to see that the laws are faithfully executed. The governor commands the state militia, grants pardons, and may call the state legislature into special session. He or she directs the preparation of the state budget. In all states, the governor may veto bills, and, in some states, may even veto parts of a bill.
Most state governors serve four-year terms and may be removed from office by impeachment and conviction. In most states, a lieutenant governor succeeds a governor who dies in office. For specific information about the length and limits of a governor’s term, see the Government section of each state article in World Book.
The powers of state governors have steadily increased. The first governors had only limited authority because the people had learned to distrust the royal governors appointed by British kings. The office of governor has grown in stature since 1776. Some governors have more authority than other governors to appoint and control subordinate officials. See Governor.
Other officers.
In most states, the people elect several other executive officials. These officers usually include a lieutenant governor, secretary of state, treasurer, and attorney general. In some states, the governor or legislature appoints one or more of these officials. The secretary of state administers election laws, publishes legislative acts, and directs the state archives. The treasurer collects and maintains state funds. The attorney general advises the governor on legal matters and prosecutes or defends cases that involve the state.
In over half the states, a state board of education or the governor appoints a superintendent of public instruction. In about 20 states, this official is elected. The superintendent administers state schools.
Legislative branch
The legislature of a state passes laws, levies taxes, and appropriates money to be spent by the state government. It takes part in amending the state constitution and has the power to impeach officials.
Organization.
Every state except Nebraska has a bicameral (two-house) legislature. Nebraska adopted a unicameral (one-house) legislature in 1934. Nineteen states call their legislature the General Assembly, North Dakota and Oregon call it the Legislative Assembly, and Massachusetts and New Hampshire call it the General Court. Every upper house is known as the Senate. Most states call the lower house the House of Representatives. But four states use the term Assembly, and three call it the House of Delegates. A speaker presides over the lower house. The lieutenant governor presides over the Senate in about 30 states. In the others, the majority party selects a Senate president.
Senators in most states serve four-year terms. They hold office for two years in the other states. In almost all states, members of the lower house serve two-year terms. In four states, they serve four-year terms. The districts in both houses of a state legislature must be substantially equal in population (see Apportionment ). For information about the number of members in state legislatures and the limits on their terms, see the Government section of each state article.
Salaries of legislators vary widely from state to state. Legislators in some states receive daily payments while the legislature is in session, rather than yearly salaries. Most states give legislators travel allowances, and many give other allowances.
The legislatures of over four-fifths of the states meet annually. The other legislatures meet in regular session biennially (every other year). Every legislature may be called into special session by the governor, and more than half may call a special session themselves. Most state constitutions limit the length of regular sessions.
The legislatures do much of their work through standing committees, also called permanent committees. A typical legislative chamber has about 15 such committees. Some states have joint committees, which include members from both houses and report proposed bills to both houses. Many states set up ad interim (temporary) committees to study particular problems while the legislature is not in session. Many states also have legislative councils that meet between sessions to study problems that may arise at the next session. Legislative assistants and other staffers help write laws and assist lawmakers in such areas as budget and technology. Many legislatures have legislative reference services to do research and prepare reports. See Legislature.
Initiative and referendum.
The people in 24 states have direct power to change the law through procedures called the initiative and referendum. Through an initiative, a group of voters may propose a bill by petition. Through a referendum, a law or proposed law is submitted to the voters for their approval or rejection.
Since the mid-1990’s, for example, voters have used initiatives and referendums to place term limits on legislators. They have also passed measures to put more restraints on the ability of state and local officials to raise and spend revenues.
Some people believe that the power of initiative and referendum gives voters more control of the legislature and increases public interest in government. Others say that it burdens the voters with issues they cannot vote on intelligently and that it tends to weaken the legislature’s responsibility.
Judicial branch
State courts settle disputes that come before them under various laws. They handle about nine-tenths of the criminal and civil cases in the United States.
A supreme court heads the judicial system of each state. In a few states, the supreme court is called by another name, such as court of appeals. The memberships of state supreme courts range from three to nine judges.
In more than half the states, the voters elect judges to the state supreme court. In several states, the governor or legislature appoints them. In others, the governor appoints the judges, who must later be approved by the voters. Supreme court judges hold office for specified terms in every state except Rhode Island, where they are elected for life. For the specific lengths of these terms, see the Government section of each state article.
Some states have appellate courts to handle some cases that would otherwise go directly to the supreme court. Each state has general trial courts. Most judges in these courts serve four-year, six-year, or eight-year terms. See Court.
State services
Education.
The states, rather than the federal government, have the main responsibility for public education. State governments support public schools through taxes and administer them through local school districts. Most districts supervise their public elementary and secondary schools under a school board elected by the people or appointed by the mayor. State governments set up general standards for schools and their courses of study. The state funds supplement local property taxes that help pay for education. Every state has at least one state university. The state also maintains such institutions as agricultural colleges, teacher training schools, junior colleges, and vocational schools.
Public safety.
The state legislatures enact most criminal laws that protect people and property. State police promote highway safety, preserve the peace, and enforce criminal laws. Each state has prisons, reformatories, or prison camps. Some states have departments of mine safety and sanitation. The governor of each state commands the state’s militia, or national guard.
Public works.
Each state has a highway, public works, or transportation department that builds and maintains roads. This department may also supervise the construction of bridges, canals, and waterways, and take care of beach protection, flood control, and buildings and grounds. Many toll roads are built and operated by special state authorities appointed by the governor. All states erect and maintain numerous public buildings.
Recreation.
Departments or agencies in the various states manage state parks and recreation areas. Many parks and recreation areas have been established in state-owned forests. Other areas have been set up as historical monuments. In addition, state highway departments may operate roadside parks for motorists.
Health.
State departments of health, often called boards of health, were first set up in the late 1800’s. They supervise and assist local public health agencies. These agencies are responsible for such activities as keeping vital statistics, controlling communicable diseases, and promoting health education, maternal and infant care, sanitation, and hygiene. They have general control over hospitals, nursing, research, and laboratory facilities. State public health work may also include improvement of substandard housing and slum clearance.
Welfare.
The federal government pays much of the bill for welfare. But the states have considerable control over the provision of welfare services. Today, state governments emphasize helping welfare recipients enter the job market. Each state operates programs that help the poor, aged, delinquent, and unemployed, and mentally and physically disabled people. States also provide institutional care in hospitals, mental institutions, reformatories, and various types of homes. Welfare agencies administer the welfare programs in most states.
Environment.
Environmental agencies exist in every state. Many of the agencies exercise authority from the federal government to issue permits, monitor air and water pollution, and enforce standards for the discharge of waste products. Other environmental activities include soil and forest conservation and protection of water resources through special drainage, irrigation, water supply, and sanitation districts. State governments carry out their responsibilities through education; extension services; and research on water and mineral resources, fish and wildlife, and forests and soils. A director or board heads most environmental agencies. Some states have fish and game commissions and forest services.
Agriculture.
The states aid agriculture through county agents, soil conservation districts, agriculture extension services, and agricultural colleges. Most states have a department or board of agriculture. In most of these states, the governor appoints the director or board members. In others, the voters elect these officials.
Business and labor.
Each state government grants corporations the charters that allow them to do business. It regulates banks and insurance companies and supervises public utility companies that provide electric power, communication services, and transportation. All states have workers’ compensation laws that provide payments to workers who are injured on the job.
State finances
The government of a state must have money to pay for the services the state provides. Most of the money is used for education, highways, public welfare, health and hospitals, insurance trusts for the retirement of employees, and unemployment insurance. In most of the states, the governor receives the financial requests of the state agencies and submits a total budget to the legislature. The legislature must approve all appropriations. Almost all state constitutions impose debt limits on the state.
Grants-in-aid (grants of money) from the federal government are a major source of state income. But reductions in the growth of federal aid have forced state governments to rely more on their own revenue sources. The major tax sources for state governments are sales taxes and income taxes. States also collect revenues through special taxes and fees. Some states impose taxes on the removal of natural resources, such as oil. Many have turned to legalized gambling to secure more revenues. But some people question whether the states should encourage people to gamble.
Traditionally, local authorities have received most of their tax revenues from property taxes. Local governments also rely heavily upon grants-in-aid from the states. They receive these grants upon agreeing to certain conditions imposed by the state. State governments also set debt limits for local governments. See Taxation.
In 1995, Congress passed a law to deter unfunded mandates—that is, federal programs imposed on state and local governments without grants of federal money to carry them out. The act made it more difficult for the U.S. government to enact programs without providing financial support for them. But the act did not apply to programs that existed when it became law.
Relations with other governments
The federal government has certain constitutional obligations toward the states. It must respect their territorial unity and cannot divide or break up a state without its consent. It must protect the states against invasion and domestic violence. It must guarantee each state a representative form of government.
The U.S. Constitution also puts certain limits on the states. They may not interfere in foreign relations or make compacts among themselves without the consent of Congress. They may not levy import or export taxes. They may not issue currency or pass laws that would weaken the legal obligations of contracts.
The Constitution also places certain obligations on the states in their relations with each other. Each state must give “full faith and credit” to the legal processes and acts of other states. No state may discriminate in favor of its own citizens against people from other states. The Supreme Court of the United States ultimately decides disputes between states that cannot be settled by negotiation and agreement. For a more complete description of the provisions and interpretation of the Constitution, see Constitution of the United States.
Issues confronting state governments
Some states have declining populations, and others are experiencing rapid population growth. Most government officials equate population growth with economic development, prosperity, and progress. But some officials in growing states wonder how their states will pay for the increased demands for such government services as education and public safety.
In education, state governments confront other issues as well. Courts have ordered several states to equalize spending on education among rich and poor school districts. States also struggle to improve the overall quality of education. Some states have adopted higher standards for teachers. States also have experimented with coupons called vouchers, which families can use to send children to the school of their choice, and with charter schools, which operate under special contracts giving them more freedom than other public schools.
State governments also struggle with heavy strains on their judicial and prison systems. Widespread crime and strict law enforcement lead to many arrests and many people going to prison. Under tough sentencing laws, numerous prisoners are locked up for long periods, leading to crowded prisons.
In economics, many states are caught up in the global economy. Their governments try to protect state industries from foreign competition and to prevent industries from moving to nations where wages are lower. Many states encourage tourism, solicit foreign investments in their economies, and try to develop foreign markets for the products of firms in the state.
