State Government Overview
Most state governments are modeled on the federal system, with three branches of government-executive, legislative, and judicial.
The Tenth Amendment declares that states have all powers not granted to the federal government by the Constitution. These powers have taken many different forms. States governments are responsible for:
- Ownership of property
- Education of inhabitants
- Implementation of welfare and other benefits programs and distribution of aid
- Protecting people from local threats
- Maintaining a justice system
- Setting up local governments such as counties and municipalities
- Maintaining state highways and setting up the means of administrating local roads
- Regulation of industry
- Raising funds to support their activities
In many areas, states have a large role but also share administrative responsibility with local and federal governments.
State Constitutions
Each state has its own constitution which it uses as the basis for laws. All state constitutions must abide by the framework set up under the U.S. Constitution. They contain a preamble, a bill of rights, articles that describe separation of powers between the executive, legislative and judicial branches, and a framework for setting up local governments.
State Government Structure
All U.S. states have a state constitution and a three-branch government similar to that of the federal government. While the U.S. Constitution mandates that each state shall have a “republican form” of government, this particular structure is not mandatory.
Executive
The executive branch of every state is lead by an elected Governor. 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 of Lieutenant Governor, Attorney General, state Secretary of State, state Auditors, Commissioner of Agriculture and Commissioner of Education.
As a sovereign entity, 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.
Legislative
The legislative branch of the state government consists of state legislatures. Every state except for Nebraska has a bicameral legislature that consists of two houses; the Nebraska Legislature is unicameral.
- Upper House: In all 49 states with bicameral legislatures, the upper house is referred to as the “Senate”. The exception to this rule is Nebraska’s unicameral, which has a single house.
- Lower House: In 41 of the 49 states with lower houses, the lower house is called the “House of Representatives”. The name “House of Delegates” is used in Maryland, Virginia, and West Virginia. California and Wisconsin call their lower house the “State Assembly”, while Nevada and New York simply call the lower house the “Assembly”. And New Jersey calls its lower house the “General Assembly”.
Judicial
The judicial branch is typically headed by a state supreme court which hears appeals from lower state courts. The structure of courts and the methods by which judges are elected or appointed are determined by legislation or the state constitution.