Thursday, April 6, 2017

Governments

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]

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