| This article is part ofa series on the |
| State governments of the United States |
|---|
 |
| Executive |
|
| Legislative |
(Alabama to Missouri,Montana to Wyoming) |
| Judiciary |
| Local offices |
 Politics portal United States portal |
In the United States, state governments areinstitutional units exercising functions ofgovernment within the country’sfederal system, alongside thefederal government. EachU.S. state's government holds legislative, executive, and judicial authority over[1] a defined geographic territory. The United States comprises 50states: 9 of theThirteen Colonies that were already part of the United States at the time theConstitution took effect in 1789, 4 that ratified the Constitution after itscommencement, plus 37 that have beenadmitted since byCongress as authorized underArticle IV, Section 3 of the Constitution.[2]
While each of the state governments within the United States holds legal and administrative jurisdiction within its bounds,[3] they are not sovereign in theWestphalian sense ininternational law which says that each state has sovereignty over its territory and domestic affairs, to the exclusion of all external powers, on the principle of non-interference in another state's domestic affairs, and that each state (no matter how large or small) is equal in international law.[4] Additionally, the member states of the United States do not possess international legal sovereignty, meaning that they are not recognized by other sovereign states such as, for example, France, Germany or the United Kingdom,[4] nor do they possess fullinterdependence sovereignty (a term popularized by international relations professorStephen D. Krasner),[5][6] meaning that they cannot control movement of persons across state borders.[4]
This form of limited sovereignty (commonly called "dual sovereignty" or "separate sovereigns" in the language ofconstitutional law) is derived from the10th Amendment to the Constitution, which states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."[3] Structured in accordance withstate law (includingstate constitutions and statestatutes), and although not a requirement, all state governments currently share the same structural model as thefederal system, with three branches of government—executive,legislative, andjudicial.
The governments of the 13 states that formed the original Union under the Constitution trace their roots back to thecolonial governments of the Thirteen Colonies. Most of the states admitted to the Union after the original 13 have been formed fromorganizedterritories established and governed by Congress in accord with itsplenary power under Article IV, Section 3,Clause 2 of the Constitution.[2]
Six subsequent states were never an organized territory of the federal government, or part of one, before being admitted to the Union. Three were set off from an already existing state:Kentucky (1792, fromVirginia),[7][8][9]Maine (1820, fromMassachusetts),[7][8][9] andWest Virginia (1863, fromVirginia).[8][9][10] Two weresovereign states at the time of their admission:Texas (1845, previously theRepublic of Texas),[7][8][11] andVermont (1791, previously thede facto but unrecognizedVermont Republic).[7][8][12] One was established fromunorganized territory:California (1850, from landceded to the United States by Mexico in 1848 under the terms of theTreaty of Guadalupe Hidalgo).[7][8][13]
The legislative branch of each state consists of astate legislature. Every state except forNebraska has abicamerallegislature, meaning it comprises twochambers.
TheunicameralNebraska Legislature is commonly called the "Senate," and its members are officially called "Senators."
In the majority of states (26), the state legislature is simply called "Legislature." Another 19 states call their legislature "General Assembly." Two states (Oregon andNorth Dakota) use the term "Legislative Assembly," while another two (Massachusetts andNew Hampshire) use the term "General Court."
In the 49 bicameral legislatures, theupper house is called the "Senate."
Until 1964, state senators were generally elected from districts that were not necessarily equal in population. In some cases state senate districts were based partly on county lines. In the vast majority of states, the Senate districts provided proportionately greater representation to rural areas. However, in the 1964 decisionReynolds v. Sims, theU.S. Supreme Court ruled that, unlike theUnited States Senate, state senates must be elected from districts ofapproximately equal population.
In 40 of the 49 bicameral state legislatures, the lower house is called the "House of Representatives." The name "House of Delegates" is only used inMaryland,Virginia, andWest Virginia.California andWisconsin call their lower house the "State Assembly," whileNevada andNew York simply call the lower house the "Assembly."New Jersey calls its lower house the "General Assembly."
The executive branch of every state is lead by an electedgovernor. Most states have a plural executive, in which several key members of the executive branch are directly elected by the people and serve alongside the governor. These include the offices oflieutenant governor (often on a jointticket with the governor) andattorney general,secretary of state,auditors (or comptrollers or controllers),treasurer, commissioners of agriculture, commissioner orsuperintendent of education, andcommissioner of insurance.[citation needed]
Each state government is free to organize its executive departments and agencies in any way it likes. This has resulted in substantial diversity among the states with regard to every aspect of how their governments are organized.
Most state governments traditionally use thedepartment the standard highest-level component of the executive branch, in that the secretary of a department is normally considered to be a member of the governor's cabinet and serves as the main interface between the governor and all agencies in his or her assigned portfolio. A department in turn usually consists of several divisions, offices, and/or agencies. A state government may also include various boards, commissions, councils, corporations, offices, or authorities, which may either be subordinate to an existing department or division, or independent altogether.
The judicial branch in most states has acourt of last resort usually called aSupreme Court that hears appeals from lowerstate courts. New York's highest court is called theCourt of Appeals, while its trial court is known as theSupreme Court. Maryland's highest court was called the Maryland Court of Appeals until 2022 when it was renamed theSupreme Court of Maryland.[14] Texas and Oklahoma each have separate courts of last resort for civil and criminal appeals. Each state's court of last resort has the last word on issues ofstate law and can be overruled only on issues of federal law by the U.S. Supreme Court.
The structure of courts and the methods of selecting judges is determined by each state's constitution or legislature. Most states have at least one trial-level court and an intermediate appeals court from which only some cases are appealed to the highest court.
Delaware has a uniqueequity court called theCourt of Chancery.
Although the exact position of each component may vary, there are certain components common to most state governments:
Education is one of the largest areas of spending by state governments.[15] This includesK–12 education (primary andsecondary schools) as well asstate university systems.[15]
Health care is one of the largest areas of spending by state governments.[15] This includes spending onMedicaid and theChildren's Health Insurance Program.[15]
source:[2]
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
_US_House_of_Representatives.svg)
{{cite book}}:ISBN / Date incompatibility (help)