State Government

Before their independence, colonies were governed separately by the British Crown. In the early years of the republic, prior to the adoption of the Constitution, each state was virtually an autonomous unit. The delegates to the Constitutional Convention sought a stronger, more viable federal union, but they were also intent on safeguarding the rights of the states.

In general, matters that lie entirely within state borders are the exclusive concern of state governments. These include internal communications; regulations relating to property, industry, business and public utilities; the state criminal code; and working conditions within the state. Within this context, the federal government requires that state governments must be democratic in form and that they adopt no laws which contradict or violate the federal Constitution or the laws and treaties of the United States.

There are, of course, many areas of overlap between state and federal jurisdictions. Particularly in recent years, the federal government has assumed ever broadening responsibility in such matters as health, education, welfare, transportation, and housing and urban development. But where the federal government exercises such responsibility in the states, programs are usually adopted on the basis of cooperation between the two levels of government, rather than as an imposition from above.

Like the national government, state governments have three branches: legislative, executive and judicial; and these are roughly equivalent in function and scope to their national counterparts. The chief executive of a state is the governor, elected by popular vote, typically for a four-year term (although in a few states the term is two years). Except for Nebraska, which has a single legislative body, all states have a bicameral legislature, with the upper house usually called the Senate and the lower house the House of Representatives, House of Delegates or the General Assembly. In most states, senators serve four-year terms and members of the lower house serve too-year terms.

The constitutions of the various states differ in some details but generally follow a pattern similar to that of the federal Constitution, including a statement of the rights of the people and a plan for organizing the government. On such matters as conditions governing the operation of businesses, banks, public utilities and charitable institutions, state constitutions are often more detailed and explicit than the federal one. Each state constitution, however, provides that the final authority belongs to the people, and sets certain standards and principles as the foundation of government.