State governments of the United States
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In the United States, state governments are institutional units exercising functions of
government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
at a level below that of the
federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...
. Each U.S. state's government holds legislative, executive, and judicial authority over a defined geographic territory. The United States comprises 50 states: 9 of the
Thirteen Colonies The Thirteen Colonies were the British colonies on the Atlantic coast of North America which broke away from the British Crown in the American Revolutionary War (1775–1783), and joined to form the United States of America. The Thirteen C ...
that were already part of the United States at the time the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
took effect in 1789, 4 that ratified the Constitution after its commencement, plus 37 that have been admitted since by Congress as authorized under Article IV, Section 3 of the Constitution.


Legal status

While each of the state governments within the United States holds legal and administrative jurisdiction within its bounds, they are not sovereign in the Westphalian sense in
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
which says that each state has sovereignty over its territory and domestic affairs, to the exclusion of all external powers, on the principle of non-interference in another state's domestic affairs, and that each state (no matter how large or small) is equal in international law. Additionally, the member states of the United States do not possess international legal sovereignty, meaning that they are not recognized by other sovereign states such as, for example, France, Germany or the United Kingdom, nor do they possess full interdependence sovereignty (a term popularized by international relations professor Stephen D. Krasner), meaning that they cannot control movement of persons across state borders. This form of limited sovereignty (commonly called "dual sovereignty" or "separate sovereigns" in the language of
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
) is derived from the 10th Amendment to the Constitution, which states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Structured in accordance with
state law State law refers to the law of a federated state, as distinguished from the law of the federation of which it is a part. It is used when the constituent components of a federation are themselves called states. Federations made up of provinces, cant ...
(including state constitutions and state
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
s), and although not a requirement, all state governments currently share the same structural model as the federal system, with three branches of government— executive, legislative, and judicial. The governments of the 13 states that formed the original Union under the Constitution trace their roots back to the colonial governments of the Thirteen Colonies. Most of the states admitted to the Union after the original 13 have been formed from organized territories established and governed by Congress in accord with its plenary power under Article IV, Section 3, Clause 2 of the Constitution. Six subsequent states were never an organized territory of the federal government, or part of one, before being admitted to the Union. Three were set off from an already existing state:
Kentucky Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illinois, Indiana, and Ohio to the north, West Virginia to the ...
(1792, from
Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...
), Michael P. Riccards, "Lincoln and the Political Question: The Creation of the State of West Virginia" ''Presidential Studies Quarterly'', Vol. 27, 199
online edition
/ref>
Maine Maine ( ) is a U.S. state, state in the New England region of the United States, and the northeasternmost state in the Contiguous United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Provinces and ...
(1820, from
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
), and
West Virginia West Virginia is a mountainous U.S. state, state in the Southern United States, Southern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States.The United States Census Bureau, Census Bureau and the Association of American ...
(1863, from
Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...
). Two were
sovereign state A sovereign state is a State (polity), state that has the highest authority over a territory. It is commonly understood that Sovereignty#Sovereignty and independence, a sovereign state is independent. When referring to a specific polity, the ter ...
s at the time of their admission:
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
(1845, previously the
Republic of Texas The Republic of Texas (), or simply Texas, was a country in North America that existed for close to 10 years, from March 2, 1836, to February 19, 1846. Texas shared borders with Centralist Republic of Mexico, the Republic of the Rio Grande, an ...
), and
Vermont Vermont () is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, New Hampshire to the east, New York (state), New York to the west, and the Provinces and territories of Ca ...
(1791, previously the '' de facto'' but unrecognized Vermont Republic). One was established from unorganized territory:
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
(1850, from land ceded to the United States by Mexico in 1848 under the terms of the Treaty of Guadalupe Hidalgo).


Legislatures

The legislative branch of the U.S. states consists of state legislatures. Every state except for
Nebraska Nebraska ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Ka ...
has a
bicameral Bicameralism is a type of legislature that is divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate ...
legislature A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial power ...
, meaning it comprises two chambers. The unicameral Nebraska Legislature is commonly called the "Senate", and its members are officially called "Senators". In the majority of states (26), the state legislature is simply called "Legislature". Another 19 states call their legislature "General Assembly". Two states (
Oregon Oregon ( , ) is a U.S. state, state in the Pacific Northwest region of the United States. It is a part of the Western U.S., with the Columbia River delineating much of Oregon's northern boundary with Washington (state), Washington, while t ...
and North Dakota) use the term "Legislative Assembly", while another two (
Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
and
New Hampshire New Hampshire ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
) use the term "General Court".


Upper houses

In the 49 bicameral legislatures, the
upper house An upper house is one of two Legislative chamber, chambers of a bicameralism, bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted p ...
is called the "Senate". Until 1964, state senators were generally elected from districts that were not necessarily equal in population. In some cases state senate districts were based partly on county lines. In the vast majority of states, the Senate districts provided proportionately greater representation to rural areas. However, in the 1964 decision '' Reynolds v. Sims'', the U.S. Supreme Court ruled that, unlike the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
, state senates must be elected from districts of approximately equal population.


Lower houses

In 40 of the 49 bicameral state legislatures, the lower house is called the "House of Representatives". The name "House of Delegates" is only used in
Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...
,
Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...
, and
West Virginia West Virginia is a mountainous U.S. state, state in the Southern United States, Southern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States.The United States Census Bureau, Census Bureau and the Association of American ...
.
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
and
Wisconsin Wisconsin ( ) is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest of the United States. It borders Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michig ...
call their lower house the "State Assembly", while
Nevada Nevada ( ; ) is a landlocked state in the Western United States. It borders Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the seventh-most extensive, th ...
and New York simply call the lower house the "Assembly".
New Jersey New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...
calls its lower house the "General Assembly".


Executive

The executive branch of every state is headed by an elected
Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
. 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 (often on a joint ticket with the Governor) and Attorney General, Secretary of State, auditors (or comptrollers or controllers), Treasurer, Commissioner of Agriculture, Commissioner (or Superintendent) of Education, and Commissioner of Insurance. 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. Most state governments traditionally use the department as the standard highest-level component of the executive branch, in that the secretary of a department is normally considered to be a member of the Governor's cabinet and serves as the main interface between the Governor and all agencies in his or her assigned portfolio. A department in turn usually consists of several divisions, offices, and/or agencies. A state government may also include various boards, commissions, councils, corporations, offices, or authorities, which may either be subordinate to an existing department or division, or independent altogether.


Judiciary

The judicial branch in most states has a court of last resort usually called a Supreme Court that hears appeals from lower state courts. New York's highest court is called the Court of Appeals, while its trial court is known as the Supreme Court. Maryland's highest court was called the Maryland Court of Appeals until 2022 when it was renamed the Supreme Court of Maryland. Texas and Oklahoma each have separate courts of last resort for civil and criminal appeals. Each state's court of last resort has the last word on issues of
state law State law refers to the law of a federated state, as distinguished from the law of the federation of which it is a part. It is used when the constituent components of a federation are themselves called states. Federations made up of provinces, cant ...
and can be overruled only on issues of federal law by the U.S. Supreme Court. The structure of courts and the methods of selecting judges is determined by each state's Constitution or legislature. Most states have at least one trial-level court and an intermediate appeals court from which only some cases are appealed to the highest court. Delaware has a unique equity court called the
Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
.


Common government components

Although the exact position of each component may vary, there are certain components common to most state governments: * Office of the Governor * Office of the Lieutenant Governor * Office of the State Attorney General *
Agriculture Agriculture encompasses crop and livestock production, aquaculture, and forestry for food and non-food products. Agriculture was a key factor in the rise of sedentary human civilization, whereby farming of domesticated species created ...
* Arts council *
Bank A bank is a financial institution that accepts Deposit account, deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital m ...
ing/ Financial institutions *
Civil service The civil service is a collective term for a sector of government composed mainly of career civil service personnel hired rather than elected, whose institutional tenure typically survives transitions of political leadership. A civil service offic ...
*
Consumer protection Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...
* Corrections and parole supervision *
Economic development In economics, economic development (or economic and social development) is the process by which the economic well-being and quality of life of a nation, region, local community, or an individual are improved according to targeted goals and object ...
*
Education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
*
Emergency management Emergency management (also Disaster management) is a science and a system charged with creating the framework within which communities reduce vulnerability to hazards and cope with disasters. Emergency management, despite its name, does not actu ...
*
Energy Energy () is the physical quantity, quantitative physical property, property that is transferred to a physical body, body or to a physical system, recognizable in the performance of Work (thermodynamics), work and in the form of heat and l ...
* Environment *
Fire protection Fire protection is the study and practice of mitigating the unwanted effects of potentially Conflagration, destructive fires. It involves the study of the behaviour, Compartmentalization (fire protection), compartmentalisation, suppression and inve ...
*
Health care Health care, or healthcare, is the improvement or maintenance of health via the preventive healthcare, prevention, diagnosis, therapy, treatment, wikt:amelioration, amelioration or cure of disease, illness, injury, and other disability, physic ...
* Highway patrol * Homeland Security *
Housing Housing refers to a property containing one or more Shelter (building), shelter as a living space. Housing spaces are inhabited either by individuals or a collective group of people. Housing is also referred to as a human need and right to ...
*
Insurance Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect ...
*
Justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
* Labor * Law revision * Lottery * Motor vehicles *
Military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. Militaries are typically authorized and maintained by a sovereign state, with their members identifiable by a d ...
/ Adjutant general * Occupational safety and health * Pensions (for public employees) *
Public health Public health is "the science and art of preventing disease, prolonging life and promoting health through the organized efforts and informed choices of society, organizations, public and private, communities and individuals". Analyzing the de ...
* Secretary of State *
State park State parks are parks or other protected areas managed at the sub-national level within those nations which use "Federated state, state" as a political subdivision. State parks are typically established by a state to preserve a location on accou ...
s * State police * State university system *
Transportation Transport (in British English) or transportation (in American English) is the intentional Motion, movement of humans, animals, and cargo, goods from one location to another. Mode of transport, Modes of transport include aviation, air, land tr ...
* Treasury * Unemployment insurance * Veterans' affairs *
Workers' compensation Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her emp ...


Education

Education is one of the largest areas of spending by state governments. This includes K–12 education ( primary and
secondary school A secondary school, high school, or senior school, is an institution that provides secondary education. Some secondary schools provide both ''lower secondary education'' (ages 11 to 14) and ''upper secondary education'' (ages 14 to 18), i.e., b ...
s) as well as State University systems.


Health care

Health care is one of the largest areas of spending by state governments. This includes spending on Medicaid and the Children's Health Insurance Program.


State government debt to gross domestic product

source:


See also

* List of people who have served in all three branches of a U.S. state government *
Local government in the United States Most U.S. states and territories have at least two tiers of local government: County (United States), counties and municipality, municipalities. Louisiana uses the term List of parishes in Louisiana, parish and Alaska uses the term List of bo ...
*
Federal government of the United States The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct ...
* Article Four of the United States Constitution * Seals of the U.S. states * Political divisions of the United States


References

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