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State Government


[This page closely follows Vote-Smart.Org's page on state government, but includes information from Wikipedia.]

The following is a general background on how state government works. Please note that each state operates according to its own constitution.

The states and national government share powers, which are wholly derived from the Constitution. Article I, Section 10 of the Constitution in some ways limits the powers of the states. States cannot form alliances with foreign governments, declare war, coin money, or impose duties on imports or exports. But, according to the 10th Amendment, states have all powers not granted to the federal government by the Constitution.

These powers have taken many different forms. States must take responsibility for areas such as:

• creating laws regarding the ownership of property
• the education of citizens
• implementation of welfare and other benefits programs and distribution of aid
• local police protection
• maintaining a justice system
• setting up local governments such as counties and municipalities
• maintaining state highways 
• regulation of industry within the state
• creating taxes and fees to fund the state's activities

In many areas, states share administrative responsibility with local and federal governments. Highways are an example. Most states classify roads into primary, secondary, and local levels. This system determines whether the state, county, or local governments must pay for and maintain the road. 

Mandates

States must also accept mandates from the federal government.  Mandates are required actions. For example, the federal government may require states to reduce air pollution, provide certain services for the handicapped, or require certain public health actions. The federal government is required to fund these mandates through grants to the states.

States themselves can issue mandates to local governments within the state. For example, the state can set certain education standards for all school districts.


State Constitutions

Each state has its own constitution. All state constitutions must abide by the framework created in the U.S. Constitution.  Thus, state constitutions resemble the U.S. Constitution. They contain a preamble, articles that describe separation of powers between the executive, legislative and judicial branches, a framework for setting up local governments, and a bill of rights.  All state constitutions can also be amended.



The Legislature

All states have a two-house legislature, except Nebraska, which has a single house. Salaries for legislators range from nothing (Kentucky and Montana) to $57,500 (New York) per year. The Lieutenant Governor presides over the Senate, but the majority party leader is usually more in control. The state House elects a Speaker as leader.  

The Senate

• membership can range from 21 (Delaware) to 67 (Minnesota).
• terms usually last four years.

The House of Representatives (or General Assembly, or House of Delegates)

• membership can range from 40 (Alaska and Nevada) to 400 (New Hampshire).
• terms usually last two years.

Legislatures usually:

• Enact laws
• Represent the needs of their constituents
• Share budget-making responsibilities with Governor
• Confirm nominations of state officials
• As on the federal level, the House begins impeachment proceedings, and thes Senate conducts the trial 

Citizen Legislation

In many states, the people can perform legislative functions directly. This usually begins with a petition with many signatures. After that, the issue is put on the ballot for a general vote. There are three forms of direct legislative actions:

A. Initiatives - Citizens can bypass the legislature and pass laws or amend the state constitution through a direct vote.

B. Referendum - Citizens approve of statutes or constitutional changes proposed by the legislature through a direct vote.

C. Recall - In 14 states citizens can remove elected officials from office. 


The Governor

The Governor is a state's chief executive. A governor serves either two or four year per term. Most states have term limits on the governor.  Governors have three kinds of powers:  They can make appointments to state agencies; they draw up budgets; and they can veto legislation.  In many states the governor can issue line-item vetoes.  In other words, they can delete sections of a bill, but allow the rest to pass into law.

Elected Positions Within the Executive Branch

The president and vice-president are the only elected positions in the executive branch of the federal government. State governments have other elected positions, besides the governor:

• Lieutenant Governor: Succeeds the governor in office and presides over the senate.
• Secretary of State - Takes care of public records and documents.
• Attorney General - Represents the state in all court cases.
• Auditor - Makes sure that public money is spent legally.
• Treasurer - Invests and pays out state funds.

Revenue

Like the Federal Government, state governments need money to function. State have different mechanisms to raise revenue:

- State taxes.
- Services and fees (toll roads, lotteries, license plates, etc.)
- Insurance Trust Revenue (unemployment compensation, some retirement)
- State-run liquor stores (in 17 states.)
- Getting loans.  Like the federal government, states can run deficits. 

State and local governments spend more money on education than anything else. Elementary and Secondary schools receive about 8% from the Federal Government, 50% from the State government, and 42% from local governments. 


The State Judicial System

The state court system is independent of the federal court system, although there are sometimes overlapping jurisdiction in some cases. Most cases are held in state court. About 90% of people in prison got there by way of state courts. Similarly, most civil cases (non-criminal cases) are heard in state courts.  

The state court system is similar to the federal court system, since there are three rungs: major cases start in a trial court, usually at the county courthouse.  If appealed, the case goes to a state court of appeals, and if appealed again, the case is usually decided by a state supreme court. But states also have courts of inferior jurisdiction for minor cases.  These would include magistrates, traffic courts, and municipal courts.

State Government Vocabulary

amendatory or conditional veto - the power to send a bill back to the legislature with suggested changes.

presiding officer - one person who oversees the activities of a legislative house. A presiding officer can have either a major or minor leadership role in his or her house.

progressive tax - a tax where people with higher incomes pay a higher percentage of taxable income in state taxes.

• It can be used to persuade legislators who do not strongly support a particular measure. When the legislation lasts only a set length of time, the "on the fence" legislators are more likely to vote for it because of its "temporary" nature.
  
• Some issues change rapidly (e.g., technology-related issues), and therefore legislation pertaining to these issues must be updated periodically.

term limit - a limit on the number of consecutive terms an elected official can serve.

unfunded mandate - when the federal government sets regulations for the states to follow and does not provide the states with funds to carry them out.

When ready, continue on to Elections.