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$Unique_ID{COW03870}
$Pretitle{444}
$Title{United States of America
Chapter 3. State Government}
$Subtitle{}
$Author{United States Department of Justice}
$Affiliation{United States Government}
$Subject{state
government
states
federal
citizens
constitution
laws
rights
governor
vote}
$Date{1987}
$Log{}
Country: United States of America
Book: U.S. Government Structure
Author: United States Department of Justice
Affiliation: United States Government
Date: 1987
Chapter 3. State Government
When the Founding Fathers wrote the Constitution in 1787, the United
States only had 13 states. The Founding Fathers believed that more states
would want to join the Union in the future. They saw that it would be
important for new states to have the same type of government as the original
states had. There were 50 states as of 1987, all of which have these
characteristics:
- state government is based on a state constitution;
- state has a republican form of government;
- state constitution does not contradict the U.S. Constitution; and,
- there are three branches of government-legislative, executive,
judicial:
- separation of powers,
- checked and balanced by each other and by the federal government.
Authority
The states have primary responsibility for many aspects of government.
Often the state and federal government work together to provide services.
Sometimes the state receives federal aid for specific programs. Some
services for which the state has primary responsibility include:
- protection of lives and property by maintenance of a police force;
- regulation and improvement of transportation within the state.
- regulation of business within the state; and,
- education.
In providing services the federal and state governments work as
partners. Often the federal government provides most of the funding while the
state primarily provides distribution though it varies from program to
program. Some of these services include:
- health care;
- public assistance for persons in need;
- protection of natural resources; and,
- improvements in living and working conditions.
The Constitution delegates any authority not specifically given the
federal government in the Constitution to the states. Since the early years
of the country, the role of the federal government has grown. Technical
advances, such as the telephone, airplane and computer, have brought people
and places closer together than they were in 1787. The expanded role of the
federal government reflects those changes. State governments, however, serve
an important purpose. They are closer to the people than the federal
government and can be more responsive to the specific needs of the people in
their states.
The Constitution puts one major limitation on state authority. Article
VI states that the Constitution, federal laws, and treaties between the U.S.
and other countries make up the supreme law of the country. If state or local
laws contradict any of those, the state or local law can be declared
unconstitutional by the Supreme Court. Recently, the Supreme Court has used
this authority to help guarantee that people's civil rights are protected. It
has declared laws unconstitutional if they discriminate against people for
reason of race, religion, political beliefs or national origin.
Structure
State governments are set up through state constitutions, which usually
have four sections. These sections are the:
- preamble;
- bill or declaration of rights;
- outline of the structure of the government; and,
- methods for changing the constitution.
These sections are similar to those in the U.S. Constitution, in form
and often in content. The sections usually consist of a:
- preamble:
- states the purpose and that the authority of the government comes from
the people;
- bill of rights:
- includes many of the same rights as in the U.S. Constitution's Bill of
Rights;
- sometimes additional rights, such as the right to work, are included;
- structure section:
- sets up the three separate branches: the executive, judicial and
legislative; and,
- methods of change:
- states the procedure for amending or redrafting the constitution.
State constitutions sometimes set up procedures or guarantee rights
not mentioned in the U.S. Constitution. Some states guarantee that workers
will not lose their jobs if they do not belong to a union or have a special
statement on equal rights for women. States also must establish procedures
for local governments within thee state, such as the process for granting a
city charter. Some states provide their citizens with opportunities for direct
democracy. The federal government could not easily do this because the number
of people and size of the country would make it difficult to implement. The
states, being smaller and more able to respond to local needs than the federal
government, often provide one or more types of direct democracy. The major
types are the
- initiative;
- referendum; and,
- recall.
The initiative usually is used to pass laws or amend the state
constitution. A group of concerned citizens draws up a petition. The
petition states the problem and a solution. If the required number of
people signs the petition, the issue is put on the ballot and the people
vote on it. At least 50 percent (or half) must vote in favor of the issue
for it to pass.
Referenda work in a slightly different way. There are three different
types: the compulsory referendum, optional referendum, and petition or
protest referendum. Some states require that certain issues, such as
amendments to the state constitution, be submitted to a popular vote. This is
the compulsory referendum. State legislatures sometimes use the optional
referendum to settle a highly controversial issue. When the citizens vote,
that tells the legislature what the people believe should be done about the
issue. The protest referendum gives citizens who are not pleased with a law
a chance to overturn the law. A certain number of citizens must sign a
petition to submit the issue to popular vote. The outcome of the vote
determines whether the law remains or is overturned.
The recall provides citizens with a chance to remove an official from
office. Sometimes judges and appointed officials are exempt from recall. In
other states the citizens can vote to remove any public official who they
believe is not serving the best interests of the government and people. As
with the initiative and the protest referendum, a certain number of people
must sign a petition to put the recall issue on the ballot. These examples of
direct democracy-the initiative, referendum, and recall- provide citizens
with the opportunity to be involved in issues which they consider very
important.
State and local government, like the federal government, is based on the
principle of representative democracy. Though many states provide
opportunities for direct democracy, most governing is done by elected
representatives. One of the most important functions of the state constitution
is to establish the structure of the state government. All state governments
have three branches-the executive, legislative and judicial. Details of
government structure vary between states, but the basic structure is similar.
For information about a specific state, contact its League of Women Voters,
the National Municipal League, or another civic group.
Executive Branch
The head of every state government is the governor. The qualifications,
term of office and powers of the governor are listed below:
- Qualifications vary, but candidates for governor of a state usually
must be qualified voters, citizens of the U.S., of a certain age (usually more
than 30) and have lived in the state a certain period of time (often 5 yea