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Text of the page (random words):
he tenth amendment to the united states constitution reserves to the states or to the people all powers of government not delegated to the federal government consequently each of the 50 states reserves the right to organize its individual government in any way within the broad parameters set by the u s constitution and the republican guarantee enforced by congress deemed appropriate by its people and to exercise all powers of government not delegated to the federal government by the constitution 17 a state unlike the federal government has un enumerated police power that is the right to generally make all necessary laws for the welfare of its people 18 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 constitutions the government of each state is structured in accordance with its individual constitution all of which are written constitutions many of these documents are more detailed and more elaborated than their federal counterpart for example before its revision in 2022 the constitution of alabama contained 310 296 words which is more than 40 times as many as the u s constitution 19 in practice each state has adopted a three branch frame of government executive legislative and judicial even though doing so has never been required 4 19 early in american history four state governments differentiated themselves from the others in their first constitutions by choosing to self identify as commonwealths rather than as states virginia in 1776 20 pennsylvania in 1777 massachusetts in 1780 and kentucky in 1792 consequently while these four are states like the other states each is formally a commonwealth because the term is contained in its constitution 21 the term commonwealth which refers to a state in which the supreme power is vested in the people was first used in virginia during the interregnum the 1649 60 period between the reigns of charles i and charles ii during which parliament s oliver cromwell as lord protector established a republican government known as the commonwealth of england virginia became a royal colony again in 1660 and the word was dropped from the full title it went unused until reintroduced in 1776 20 executive further information governor united states 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 statewide direct election the governor may approve or veto bills passed by the state legislature as well as recommend and work for the passage of bills usually supported by their political party in 44 states governors have line item veto power 22 elections of officials in the united states are generally for a fixed term of office 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 23 each state follows its own procedures for recall elections and sets its own restrictions on how often and how soon after a general election they may be held 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 wherein legislators act as a jury 23 legislative further information state legislature united states the primary responsibilities of state legislatures are to enact state laws and appropriate money for the administration of public policy 22 in all states if the governor vetoes a bill or a portion of one it can still become law if the legislature overrides the veto repasses the bill which in most states requires a two thirds vote in each chamber 22 in 49 of the 50 states the legislature consists of two chambers a lower house variously called the house of representatives state assembly general assembly or house of delegates and a smaller upper house in all states called the senate the exception is the unicameral nebraska legislature meaning it has only a single chamber 24 most states have a part time legislature traditionally called a citizen legislature ten state legislatures are considered full time these bodies are more similar to the u s congress than are the others 25 members of each state s legislature are chosen by direct election in baker v carr 1962 and reynolds v sims 1964 the u s 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 this case multi member districts must have proportionately larger populations e g a district electing two representatives must have approximately twice the population of a district electing just one the voting systems used across the nation are first past the post in single member districts and multiple non transferable vote in multi member districts in 2013 there were 7 383 legislators in the 50 state legislative bodies they earned from 0 annually new mexico to 90 526 california there were various per diem and mileage compensation 26 judicial further information state court united states 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 oklahoma and texas have separate highest courts for criminal appeals uniquely in new york state the trial court is called the supreme court appeals go up first to the supreme court s appellate division and from there to its highest court the new york court of appeals state court systems exercise broad plenary and general jurisdiction in contrast to the federal courts which are courts of limited jurisdiction the overwhelming majority of criminal and civil cases in the united states are heard in state courts each year roughly 30 million new cases are filed in state courts and the total number of judges across all state courts is about 30 000 for comparison 1 million new cases are filed each year in federal courts which have about 1 700 judges 27 most states base their legal system on english common law with substantial statutory 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 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 unitarism all states are unitary states not federations or aggregates of local governments local governments within them are created by and exist by virtue of state law and 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 28 in a few states local units of government are permitted a degree of home rule over various matters 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 power is resolved by the courts against the corporation against the existence of the powers 29 each state defines for itself what powers it will allow local governments generally four categories of power may be given to local jurisdictions structural power to choose the form of government charter and enact charter revisions functional power to exercise local self government in a broad or limited manner fiscal authority to determine revenue sources set tax rates borrow funds and other related financial activities personnel authority to set employment rules remuneration rates employment conditions and collective bargaining 30 relationships interstate each state admitted to the union by congress since 1789 has entered it on an equal footing with the original states in all respects 31 with the growth of states rights advocacy during the antebellum period the supreme court asserted in lessee of pollard v hagan 1845 that the constitution mandated admission of new states on the basis of equality 32 with the consent of congress states may enter into interstate compacts agreements between two or more states compacts are frequently used to manage a shared resource such as transportation infrastructure or water rights 33 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 1865 slavery status pursuant to 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 34 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 35 such legal acts are nevertheless often recognized state to state according to the common practice of comity states are prohibited from discriminating against citizens of other states with respect to their basic rights under the privileges and immunities clause with the federal government further information federalism in the united states under article iv each state is guaranteed a form of government that is grounded in republican principles such as the consent of the governed 36 this guarantee has long been at the forefront of the debate about the rights of citizens vis à vis the government 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 1967 detroit riot but was not invoked ownership of federal lands in the 50 states 2005 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 37 it provides that state courts are bound by the supreme law in case of conflict between federal and state law the federal law must be applied even state constitutions are subordinate to federal law 38 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 the tenth amendment reserves all other powers to the states or to the people powers of the u 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 being listed among other such powers in article i section 10 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 the 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 mid 1880s the court construed the commerce clause in favor of increased federal power 39 in 1941 the supreme court in u s v darby upheld the fair labor standards act of 1938 holding that congress had the power under the commerce clause to regulate employment conditions 40 in 1942 in wickard v 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 41 for example congress can regulate railway traffic across state lines but it may also regulate rail traffic solely within a state based on the reality that intrastate traffic still affects interstate commerce 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 subsequently congress invoked the commerce clause to expand federal criminal legislation as well as for social reforms such as the civil rights act of 1964 only within the past couple of decades through decisions in cases such as those in u s v lopez 1995 and u s v morrison 2000 has the court tried to limit the commerce clause power of congress 42 another enumerated congressional power is its taxing and spending power 43 an example of this is the system of federal aid for highways which include the interstate highway system the system is mandated and largely funded by the federal government and serves the interests of the states by threatening to withhold federal highway funds congress has been able to pressure state legislatures to pass various laws 44 an example is the nationwide legal drinking age of 21 enacted by each state brought about by the national minimum drinking age act 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 dole 483 u s 203 1987 as prescribed by article i of the constitution which establishes the u s 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 1913 senators were elected by state legislatures there are presently 100 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...
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