State Government

GOV 201

Part I: The Structure of American Government

State Governments

States are part of our Federal System of Government. Their existence is acknowledged by the U.S. Constitution and their powers are limited by the U.S. Constitution, BUT THEIR POWERS DO NO DERIVE FROM THE U.S. CONSTITUTION.

The States derive their powers from the PEOPLE of that state and from their own STATE CONSTITUTIONS.

All 50 States are unitary systems of government. Local and county governments derive their powers from the State Constitution and State Statutory Law. They are administrative subdivisions of the State with limited powers of self-government. They are "creatures of the state."

The U.S. Constitution requires that all states have a "republican form of government." But short of creating a monarchy, states are free to form whatever type of government they want. They could create parliamentary systems if the people of the state were to amend their state constitution accordingly. They could abolish all local governments. Despite these theoretical powers, all 50 state constitutions provide for:

Separation of Power

Executive branch headed by the governor who
usually has the item veto.

Legislative branch with two houses (bicameral) in
all states except Nebraska (unicameral).

Judicial branch is headed by a state supreme court
which usually has the explicit power of judicial review.

State Bill of Rights

Provisions for Local Government

Referendum, Initiative, and Recall (tools of direct
democracy) in many States.

Requirement to Always have a Balanced State Budget in many states.

Provisions for Amending the State Constitution

Adding Amendments

Proposal by State Legislature

Ratification by Referendum

Writing a New State Constitution

Proposal by State Legislature

Approval by Voters and Election of Delegates to State Constitutional Convention

State Constitutional Convention writes new
State Constitution

Approval by voters through Referendum

Most state constitutions have been criticized by political scientists as being excessively long and detailed. They are frequently amended, making them even longer and less understandable.

Most states have scrapped their State Constitution at least once. New Jersey is on its third State Constitution. This is typical of the original thirteen states.

Historical Evolution of State Governments

Patrician Model (1700s - 1850s)

	Suffrage limited to Property Owners
	Most power centered on the State Legislature
	State Legislature appoints governor, state judges, U.S. Senators.
	Governor appointed for one-year term, no veto.
	No salary for elected officials.

Jacksonian Model (1820s - 1950s)

	Era of the Common Man
	Belief in Democracy
	Many and Frequent Elections
	Suffrage extended to white males over 21
	Governor popularly elected for two-year term
	Plural Executive: Lieutenant Governor, Secretary of State, Attorney General, Treasurer, Auditor, Commissioner of Education, and many other state-wide officials are all elected by the voters (Long Ballot).
	Height of Political Parties; Machine Politics;
	Political Bosses; Graft and Corruption
	Spoils System

Reform Model (1880s - Today)

Honesty, Efficiency, and Rationality

Centralization of Power in the Hands of
a Single Chief Executive
(Short Ballot: Ending the Plural Executive)

Growth of Public Administration (Bureaucracy)

Merit Systems of Recruitment (Civil Service)

Centralized Budgeting under the Governor's Control

Competitive Bidding Procedures

Conflict of Interest Legislation

Sunshine and Sunset Legislation

Initiative, Referendum, Recall

Streamlining the State Legislature (Annual Sessions,
Increasing Salaries, Making Job Full-time,
Providing Office Space and Staff Support).

Reapportionment:

	Baker v. Carr (1962)is a justiciable issue
	Reynolds v. Sims (1964). One Person/One Vote. State Senate represents people, not cows or acres, must be reapportioned on the basis of equal population. It can not represent counties in the state. Counties are of unequal population. States are not miniature federal systems. They are unitary systems.

Despite structural and constitutional similarities, each state is a unique political system having its own traditions and practices. State governments are a fertile field for comparative studies for political scientists.

Regional Cultural Differences:

Moralistic Political Culture of New England & Midwest

Individualistic Political Culture of Mid-Atlantic States

Traditionalistic Political Culture of South

Bible Belt

Pacific Northwest

California

The bulk of the laws under which we live are State Laws. States define the laws of marriage, divorce, inheritance, contract, etc. Most licensing is regulated by state law.

Most criminal law is enacted by the state legislature. States determine if you are hanged, shot, electrocuted, gassed to death, or given a life sentence.

States have primary responsibilities for making laws regulating the health, welfare, and morals of their people. This is generically called the "police power" of the states.

Dr. Harold Damerow
September 27, 2000