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State governments are allocated power by the people of each respective state through their individual constitutions.

All are grounded in republican principles , and each provides for a government, consisting of three branches, each with separate and independent powers: States possess a number of powers and rights under the United States Constitution.

States and their residents are represented in the United States Congress , a bicameral legislature consisting of the Senate and the House of Representatives.

Each state is also entitled to select a number of electors equal to the total number of representatives and senators from that state to vote in the Electoral College , the body that directly elects the President of the United States.

Additionally, each state has the opportunity to ratify constitutional amendments , and, with the consent of Congress, two or more states may enter into interstate compacts with one another.

Historically, the tasks of local law enforcement , public education , public health , regulating intrastate commerce, and local transportation and infrastructure have generally been considered primarily state responsibilities, although all of these now have significant federal funding and regulation as well.

Over time, the Constitution has been amended, and the interpretation and application of its provisions have changed. The general tendency has been toward centralization and incorporation , with the federal government playing a much larger role than it once did.

There is a continuing debate over states' rights , which concerns the extent and nature of the states' powers and sovereignty in relation to the federal government and the rights of individuals.

The Constitution grants to Congress the authority to admit new states into the Union. Since the establishment of the United States in , the number of states has expanded from the original 13 to Alaska and Hawaii are the most recent states admitted, both in The Constitution is silent on the question of whether states have the power to secede withdraw from the Union.

Shortly after the Civil War , the U. Supreme Court , in Texas v. White , held that a state cannot unilaterally do so. As sovereign entities, each of the 50 states reserves the right to organize its individual government in any way within the broad parameters set by the U.

Constitution deemed appropriate by its people. As a result, while the governments of the various states share many similar features, they often vary greatly with regard to form and substance.

No two state governments are identical. The government of each state is structured in accordance with its individual constitution.

Many of these documents are more detailed and more elaborate than their federal counterpart. The Constitution of Alabama , for example, contains , words — more than 40 times as many as the U.

In each state, the chief executive is called the governor, who serves as both head of state and head of government. All governors are chosen by direct election.

The governor may approve or veto bills passed by the state legislature, as well as push for the passage of bills supported by their party. In 44 states, governors have line item veto power.

In these states, executive power is distributed amongst other officials, [10] elected by the people independently of the governor—such as the lieutenant governor , attorney general , comptroller , secretary of state , and others.

The constitutions of 19 states allow for citizens to remove and replace an elected public official before the end of their term of office through a recall election.

In all states, the legislatures can remove state executive branch officials, including governors, who have committed serious abuses of their power from office.

The process of doing so includes impeachment the bringing of specific charges , and a trial, in which legislators act as a jury.

The primary responsibilities of state legislatures are to enact state laws and appropriate money for the administration of public policy.

The exception is the unicameral Nebraska Legislature , which has only a single chamber. Ten state legislatures are considered full-time ; these bodies are more similar to the U.

Congress than are the others. Members of each state's legislature are chosen by direct election. Carr and Reynolds v. Sims , the U. Supreme Court held that all states are required to elect their legislatures in such a way as to afford each citizen the same degree of representation the one person, one vote standard.

In practice, most states elect legislators from single-member districts , each of which has approximately the same population.

Some states, such as Maryland and Vermont, divide the state into single- and multi-member districts, in which case multi-member districts must have proportionately larger populations, e.

The voting systems used across the nation are: In , there were a total of 7, legislators in the 50 state legislative bodies.

There were various per diem and mileage compensation. States can also organize their judicial systems differently from the federal judiciary , as long as they protect the federal constitutional right of their citizens to procedural due process.

Most have a trial level court, generally called a District Court , Superior Court or Circuit Court , a first-level appellate court , generally called a Court of Appeal or Appeals , and a Supreme Court.

However, Oklahoma and Texas have separate highest courts for criminal appeals. State court systems provide general courts with broad jurisdiction.

The overwhelming majority of criminal and civil cases in the United States are heard in state courts.

The annual number of cases filed in state courts are around 30,, and the number of judges in state courts is about 30,—by comparison, federal courts see some 1,, filed cases with about judges.

Most states base their legal system on English common law with substantial indigenous changes and incorporation of certain civil law innovations , with the notable exception of Louisiana, a former French colony , which draws large parts of its legal system from French civil law.

Only a few states choose to have the judges on the state's courts serve for life terms. In most of the states the judges, including the justices of the highest court in the state, are either elected or appointed for terms of a limited number of years, and are usually eligible for re-election or reappointment.

All states have unitary governments , local governments are created under state law, and ultimately, local governments within each state are subject to the central authority of that particular state.

State governments commonly delegate some authority to local units and channel policy decisions down to them for implementation. The prevailing legal theory of state preeminence over local governments, referred to as Dillon's Rule , holds that,.

A municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily implied or necessarily incident to the powers expressly granted; third, those absolutely essential to the declared objects and purposes of the corporation-not simply convenient but indispensable; fourth, any fair doubt as to the existence of a power is resolved by the courts against the corporation-against the existence of the powers.

Each state defines for itself what powers it will allow local governments. Generally, four categories of power may be given to local jurisdictions:.

Each state admitted to the Union by Congress since has entered it on an equal footing with the original States in all respects.

Hagan , that the Constitution mandated admission of new states on the basis of equality. Compacts are frequently used to manage a shared resource, such as transportation infrastructure or water rights.

Under Article IV of the Constitution , which outlines the relationship between the states, each state is required to give full faith and credit to the acts of each other's legislatures and courts, which is generally held to include the recognition of most contracts and criminal judgments, and before , slavery status.

Under the Extradition Clause , a state must extradite people located there who have fled charges of "treason, felony, or other crimes" in another state if the other state so demands.

The principle of hot pursuit of a presumed felon and arrest by the law officers of one state in another state are often permitted by a state.

The full faith and credit expectation does have exceptions, some legal arrangements, such as professional licensure and marriages, may be state-specific, and until recently states have not been found by the courts to be required to honor such arrangements from other states.

States are prohibited from discriminating against citizens of other states with respect to their basic rights , under the Privileges and Immunities Clause.

Under Article IV, each state is guaranteed a form of government that is grounded in republican principles, such as the consent of the governed.

States are also guaranteed protection from invasion, and, upon the application of the state legislature or executive, if the legislature cannot be convened , from domestic violence.

This provision was discussed during the Detroit riot , but was not invoked. The Supremacy Clause Article VI, Clause 2 establishes that the Constitution , federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.

Even state constitutions are subordinate to federal law. States' rights are understood mainly with reference to the Tenth Amendment. The Constitution delegates some powers to the national government, and it forbids some powers to the states.

Any powers not granted to the federal government or forbidden to the states are reserved for states and the people by the Tenth Amendment.

S Congress are enumerated in Article I, Section 8 , for example, the power to declare war. Making treaties is one power forbidden to the states, and is listed among other such powers in Article I, Section Among the Article I enumerated powers of Congress is the power to regulate Commerce.

Since the early 20th century, the Supreme Court's interpretation of this " Commerce Clause " has, over time, greatly expanded scope of federal power , at the expense of powers formerly considered purely states' matters.

The Cambridge Economic History of the United States says, "On the whole, especially after the mids, the Court construed the Commerce Clause in favor of increased federal power.

Darby upheld the Fair Labor Standards Act of , holding that Congress had the power under the Commerce Clause to regulate employment conditions.

Filburn , the Court expanded federal power to regulate the economy by holding that federal authority under the commerce clause extends to activities which may appear to be local in nature but in reality effect the entire national economy and are therefore of national concern.

Through such decisions, argues law professor David F. Forte, "the Court turned the commerce power into the equivalent of a general regulatory power and undid the Framers' original structure of limited and delegated powers.

Only within the past couple of decades, through decisions in cases such as those in U. Lopez and U. Morrison , has the Court tried to limit the Commerce Clause power of Congress.

Another enumerated congressional power is its power is its taxing and spending power. The system is mandated and largely funded by the federal government, and also serves the interests of the states.

By threatening to withhold federal highway funds, Congress has been able to pressure state legislatures to pass a variety of laws. Although some objected that this infringes on states' rights, the Supreme Court upheld the practice as a permissible use of the Constitution's Spending Clause in South Dakota v.

As prescribed by Article I of the Constitution, which establishes the U. Congress, each state is represented in the Senate irrespective of population size by two senators, and each is guaranteed at least one representative in the House.

Both senators and representatives are chosen in direct popular elections in the various states. Prior to , senators were elected by state legislatures.

There are presently senators, who are elected at-large to staggered terms of six years, with one-third of them being chosen every two years.

Representatives are elected at-large or from single-member districts to terms of two years not staggered. The size of the House—presently voting members—is set by federal statute.

Seats in the House are distributed among the states in proportion to the most recent constitutionally mandated decennial census.

Citizens in each state plus those in the District of Columbia indirectly elect the president and vice president. When casting ballots in presidential elections they are voting for presidential electors , who then, using procedures provided in the 12th amendment , elect the president and vice president.

While the Constitution does set parameters for the election of federal officials, state law, not federal, regulates most aspects of elections in the U.

All elections—federal, state and local—are administered by the individual states, and some voting rules and procedures may differ among them.

Article V of the Constitution accords states a key role in the process of amending the U. Amendments may be proposed either by Congress with a two-thirds vote in both the House and the Senate, or by a convention of states called for by two-thirds of the state legislatures.

Article IV also grants to Congress the authority to admit new states into the Union. Each new state has been admitted on an equal footing with the existing states.

This caveat was designed to give Eastern states that still had Western land claims including Georgia, North Carolina, and Virginia , to have a veto over whether their western counties could become states, [19] and has served this same function since, whenever a proposal to partition an existing state or states in order that a region within might either join another state or to create a new state has come before Congress.

Most of the states admitted to the Union after the original 13 were formed from an organized territory established and governed by Congress in accord with its plenary power under Article IV, Section 3, Clause 2.

Although Americans won't elect a president in the midterm elections, their choices will have a big effect on the country's direction.

Footer Disclaimer This is the official website of the U. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein.

The sanctions countdown clock is ticking. Voting in the mid-term elections. Secretary of State Pompeo on the release of the Trafficking in Persons report.

Eligible for visa-free travel to the United States? Make sure to register for your ESTA before you go.

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