Government and Administration of the United States

by Westel Woodbury Willoughby; William F. Willoughby

CHAPTER XIV.

State Governments.

The United States is a nation of forty-four federated States. Each State has its own separate government, which is sovereign, except as to a few powers which have been granted to the United States government for general purposes. Citizens of States are also citizens of the United States, and thus owe a double allegiance, namely, to the State in which they reside and to the United States.

These States vary in size from that of Texas, the largest, with an area of 265,780 square miles, to that of Rhode Island, the smallest, with 1,250; and in population from that of New York, with nearly six millions, to that of Nevada, with about forty-five thousand. The largest State is greater than either France or the German Empire.

State governments are older than the Federal government, for it was by a grant by the States of certain of their powers that the United States government was created. Each State is represented in Congress by two members in the Senate. Members of the lower branch of the Federal legislature are apportioned among the States according to population. As in the case of the United States, the powers of government are divided among three departments—the executive, legislative, and judicial.

In the United States Constitution it is expressly declared that "the powers not granted to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." It would require considerable space to enumerate the duties of State governments. With the exception of the few acts which the constitution forbids them to perform, most of which they would not care to perform if allowed, and the few general powers coming within the province of the Federal Government, the States can do whatever their legislatures sanction. They can go to the extremes of State socialism. All States have a complete judicial system. They regulate all legal relations of their citizens, the laws of husband and wife, principal and agent, and of contract. They provide for the detection and punishment of crime. They control and mainly support the militia of the county. Railroad, banking, insurance, and other corporations, are chartered and controlled by them. The construction and maintenance of roads, the care of the public health, the inspection of factories, the determination of the right of suffrage, and the control of its own elections are among the exclusive powers of State governments. Our extensive system of public schools are under the dual management of the State and local governments, and under the superintendence of State officers. The State takes care of the defective classes, of the insane, paupers, etc.; and, in general, performs all those ordinary duties concerning internal affairs which are exercised by central governments.

Each State government has—

1. A Constitution.

2. A Legislature of two Houses.

3. An executive, composed of a Governor, Lieutenant-Governor (in almost all cases), Secretary of State, Auditor, and a few other officers.

4. A system of local government in counties, towns, cities, etc.

5. A body of State laws.

6. A judicial system of courts, from which no appeal can be had to United States courts, except upon Federal questions.

7. A system of local taxation.

Each State government has all the rights usually pertaining to a sovereign State, except—Those powers which the Federal Constitution expressly forbids to the States.

3. Those powers which have in the Constitution been exclusively given to the United States.

All States have public debts, which they may, and sometimes do, repudiate. They can be sued only by other States. The Eleventh Amendment declared that a citizen could not maintain a suit against a State. State laws are binding only within the boundaries of the State enacting them.

#State Constitutions.#—As the Federal Constitution is the supreme law of the United States, so the State constitution is the highest law of the States. The Constitutions of the original thirteen States were naturally formed after the model of the charters enjoyed by the New England colonies. In the colonies of Rhode Island, Connecticut, and Massachusetts their charters were adopted as constitutions without any change, except, of course, the annulment of obedience to the English king. All subsequent constitutions have been closely modeled after these first thirteen. The Federal Constitution provides that all State constitutions must be Republican in form. (For other conditions of admission of territories as States, see subject "Territories.") The modes of amendment of constitutions differ in different States, but in all, amendment is much easier of accomplishment than in the case of the Federal Constitution. This is shown by the fact that since 1776 there have been adopted by the States one hundred and five complete constitutions, and two hundred and fourteen partial amendments; while, since the passage of the first ten Federal amendments in 1789, there have been but five additional amendments. Some States provide that the constitution shall be submitted to the people for amendment at the end of certain intervals of time. In the larger number of cases a majority of the popular vote is required for ratification of a constitutional amendment. State constitutions show a tendency to become longer, and to regulate a constantly increasing number of subjects.

A normal State constitution has the following provisions:

1. A definition of the State boundaries.

2. A bill of rights (guaranteeing private rights, such as freedom of the press and speech, trial by jury in criminal cases, right to assemble and petition, etc.).

3. A frame of government, an enumeration of officers and powers of legislature, executive, courts of justice, etc.

4. Miscellaneous provisions, relating to administration of schools, militia, taxation, debts, local government, corporations, amendments, etc.

#State Legislatures.#—The legislature in all States consists of two Houses, of which the upper and smaller branch is called the Senate, and the lower and more numerous branch usually the House of Representatives, though in six States it is termed the Assembly, and in three the House of Delegates. The members of both houses are elected by popular vote, but Senators usually for a longer time, and frequently higher qualifications for them are required. States are divided into districts for election purposes, and, though members of the legislature may offer themselves for election from any district, it has become the invariable custom for them to be elected only from the districts in which they reside. Universal manhood suffrage, that is, the right of all male citizens over 21 years of age to vote, is the rule, though in eight States paupers have no vote, and in a few, a certain amount of education is required (generally enough to read the State constitution). The number of members in the State legislatures varies greatly. In the Senate, Delaware has the smallest number (9), and Illinois the largest (51). In the lower House, Delaware has likewise the smallest number (21), while New Hampshire has the greatest (321).

The Lieutenant-Governor of the State is ex officio President of the Senate. In all States, except six, sessions of the legislature are held only once every other year, and even then the length of the session is limited to a fixed number of days. As in Congress, business is conducted by means of committees, but are in both Houses elected by ballot. The State legislatures have full charge and control of all local governments within their individual States. The Senate has the power of trying impeachments of State officials. It also ratifies appointments of the Governor. In all States, except four, acts of the legislature require the signature of the Governor before they become laws. To pass a bill over a veto requires in twenty-three States a two-thirds vote in both Houses; in two, a three-fifths vote, and in nine, a majority vote of the total number of members. A State legislature can enact no law which will be effective beyond its own boundaries.

#State Executive.#—The chief executive of the State is the Governor.
Other chief officials are the Lieutenant-Governor, Treasurer, Attorney
General, Secretary of State, Auditor, and Superintendent of Public
Instruction. The term of office of the Governor varies in different
States from one to four years. He has but small powers of appointment,
most of the State officials being elected by the people. In all but four
States he has a veto on legislation. He has the power of pardoning. The
Lieutenant-Governor is President of the Senate.

#State Judiciary.#—The State judiciary includes three sets of courts:

1. A Supreme Court of Appeals, the highest court, from which cases involving Federal questions may be appealed to the Supreme Court of the United States.

2. Superior courts of record.

3. Various local courts, such as county courts, corporation courts, etc.

Each State recognizes the judgments of other States, and gives credit to their public acts and records, and delivers up to justice, on demand of the executive, any criminal fleeing from other States into her borders. In most of the States the judges are elected by the people, though in eight they are appointed by the Governor, and in five by the legislature. The Attorney-General conducts cases in which the State is a party, and manages other legal business in which the State is interested.