As sovereign entities, each of the 50 states reserves the right to organize its
individual government
in any way (within the broad parameters set by the U.S. Constitution)
deemed appropriate by its people. As a result, while the governments of
the various states share many similar features, they often vary greatly
with regard to form and substance. No two state governments are
identical.
Constitutions
The
government of each state is structured in accordance with its individual
constitution. Many of these documents are more detailed and more elaborate than their federal counterpart. The
Constitution of Alabama, for example, contains 310,296 words – more than 40 times as many as the U.S. Constitution.
[10] In practice, each state has adopted a three-branch
system of government, modeled after the federal government, and consisting of three branches (although the three-branch structure is not required):
executive,
legislative, and
judicial.
[10][11]
Executive
In each state, the chief executive is called the governor, who serves as both
head of state and
head of government. The governor may approve or
veto
bills passed by the state legislature, as well as push for the passage
of bills supported by the party of the Governor. In 43 states, governors
have
line item veto power.
[12]
Most states have a "plural executive" in which two or more members of the
executive branch
are elected directly by the people. Such additional elected officials
serve as members of the executive branch, but are not beholden to the
governor and the governor cannot dismiss them. For example, the
attorney general is elected, rather than appointed, in 43 of the 50 U.S. states.
Legislative
The legislatures of 49 of the 50 states are made up of two chambers: a
lower house (termed the House of Representatives, State Assembly,
General Assembly or House of Delegates) and a smaller upper house,
always termed the Senate. The exception is the
unicameral Nebraska Legislature, which is composed of only a single chamber.
Most states have
part-time legislatures, while six of the most populated states have
full-time legislatures. However, several states with high population have short legislative sessions, including Texas and Florida.
[13]
In
Baker v. Carr (1962) and
Reynolds v. Sims
(1964), the U.S. Supreme Court held that all states are required to
elect their legislatures in such a way as to afford each citizen the
same degree of representation (the
one person, one vote
standard). In practice, most states choose to elect legislators from
single-member districts, each of which has approximately the same
population. Some states, such as Maryland and Vermont, divide the state
into single- and multi-member districts, in which case multi-member
districts must have proportionately larger populations, e.g., a district
electing two representatives must have approximately twice the
population of a district electing just one. If the governor vetoes
legislation, all legislatures may override it, usually, but not always,
requiring a two-thirds majority.
In 2013, there were a total of 7,383 legislators in the 50 state
legislative bodies. They earned from $0 annually (New Mexico) to $90,526
(California). There were various per diem and mileage compensation.
[14]
Judicial
States can also organize their judicial systems differently from the
federal judiciary, as long as they protect the federal constitutional right of their citizens to procedural
due process. Most have a trial level court, generally called a
District Court,
Superior Court or
Circuit Court, a first-level
appellate court,
generally called a Court of Appeal (or Appeals), and a Supreme Court.
However, Oklahoma and Texas have separate highest courts for criminal
appeals. In New York State the trial court is called the Supreme Court;
appeals are then taken to the Supreme Court's Appellate Division, and
from there to the Court of Appeals.
Most states base their legal system on English
common law
(with substantial indigenous changes and incorporation of certain civil
law innovations), with the notable exception of Louisiana, a former
French colony, which draws large parts of its legal system from French
civil law.
Only a few states choose to have the judges on the state's courts
serve for life terms. In most of the states the judges, including the
justices of the highest court in the state, are either elected or
appointed for terms of a limited number of years, and are usually
eligible for re-election or reappointment.
States as unitary systems
All states have
unitary governments,
local governments are created under state law, and ultimately, local
governments within each state are subject to the central authority of
that particular state. State governments commonly delegate some
authority to local units and channel policy decisions down to them for
implementation.
[15] In a few states, local units of government are permitted a degree of
home rule over various matters. The prevailing legal theory of state preeminence over local governments, referred to as
Dillon's Rule, holds that,
A municipal corporation possesses and can exercise the following
powers and no others: First, those granted in express words; second,
those necessarily implied or necessarily incident to the powers
expressly granted; third, those absolutely essential to the declared
objects and purposes of the corporation-not simply convenient but
indispensible; fourth, any fair doubt as to the existence of a power is
resolved by the courts against the corporation-against the existence of
the powers.[16]
Each state defines for itself what powers it will allow local
governments. Generally, four categories of power may be given to local
jurisdictions:
- Structural – power to choose the form of government, charter and enact charter revisions,
- Functional – power to exercise local self government in a broad or limited manner,
- Fiscal – authority to determine revenue sources, set tax rates, borrow funds and other related financial activities,
- Personnel – authority to set employment rules, remuneration rates, employment conditions and collective bargaining.[17]