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GOVERNMENT 101: State Government
The following is a general background on how state government works.
Please note that each state operates according to its own constitution.
Powers Reserved for the Federal Government
The U.S. government is federal
in form. The states and national government share powers, which are wholly
derived from the Constitution.
From the Constitution, the national government derives
Article I, Section 10 of the Constitution of the United States puts limits
on the powers of the states. States cannot form alliances with foreign
governments, declare war, coin money, or impose duties on imports or exports.
Powers Reserved to the States
The Tenth Amendment declares, "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." In other words, states
have all powers not granted to the federal government by the Constitution.
These powers have taken many different forms. States must take responsibility
for areas such as:
- ownership of property
- education of inhabitants
- implementation of welfare
and other benefits programs and distribution of aid
- protecting people from local
threats
- maintaining a justice system
- setting up local governments
such as counties and municipalities
- maintaining state highways
and setting up the means of administrating local roads
- regulation of industry
- raising funds to support their
activities
In many areas, states have a large role but also share administrative
responsibility with local and federal governments. Highways, for example,
are divided amongst the three different levels. Most states classify roads
into primary, secondary, and local levels. This system determines whether
the state, county, or local governments, respectively, must pay for and
maintain roads. Many states have departments of transportation, which
oversee and administer intrastate transportation. U.S. highways and the
interstate system are administered by the national government through
the U.S. Department of Transportation.
Mandates
States must also administer mandates
set by the federal government. Generally these mandates contain rules
which the states wouldn't normally carry out. For example, the federal
government may require states to reduce air pollution, provide services
for the handicapped, or require that public transportation must meet certain
safety standards. The federal government is prohibited by law from setting
unfunded mandates. In other words, the federal government must provide
funding for programs it mandates.
Grants
The federal government pays for its mandates through grants-in-aid. The
government distributes categorical grants to be used for specific programs.
In 1995, federal grant money totaled $229 billion. Block grants give the
states access to large sums of money with few specific limitations. The
state must only meet the federal goals and standards. The national government
can give the states either formula
grants or project
grants (most commonly issued).
Mandates can also pass from the state to local levels. For example, the
state can set certain education standards that the local school districts
must abide by. Or, states could set rules calling for specific administration
of local landfills.
State Constitutions
The Basics
Each state has its own constitution which it uses as the basis for laws.
All state constitutions must abide by the framework set up under the national
Constitution.
Therefore, in basic structure state constitutions much resemble the U.S.
Constitution. They contain a preamble, a bill of rights, articles that
describe separation of powers between the executive, legislative and judicial
branches, and a framework for setting up local governments.
Length and Specificity
State constitutions also tend to be significantly more lengthy than the
U.S. Constitution. State constitutions can contain as many as 174,000
words (Alabama), and have as many as 513 amendments attached (also Alabama).
Much of this length is devoted to issues or areas of interest that are
outdated. Oklahoma's constitution, for example, contains provisions that
describe the correct temperature to test kerosene and oil. California
has sections that describe everything that may be deemed tax-exempt, including
specific organizations and fruit and nut trees under four years of age.
Amendment
All state constitutions provide for a means of amendment. The process
is usually initiated when the legislature proposes the amendment by a
majority or supermajority
vote, after which the people approve the amendment through a majority
vote. Amendments can also be proposed by a constitutional convention or,
in some states, through an initiative petition.
The Legislature
All states have a bicameral, or two-house legislature, except Nebraska,
which has a unicameral, or single, house. Legislative salaries range from
nothing (Kentucky and Montana) to $57,500 (New York) per year. In states
where there is no official salary, Legislators are often paid on a per
diem basis (i.e. Rhode Island Legislators earn $5 per day).
The Upper House
- called the Senate.
- membership can range from
21 (Delaware) to 67 (Minnesota).
- terms usually last four years.
The Lower House
- called the House of Representatives,
General Assembly, or House of Delegates (Virginia),
- membership can range from
40 (Alaska and Nevada) to 400 (New Hampshire).
- terms usually last two years.
Leadership
Like the national legislature, each house in a state legislature has
a presiding officer. The Lieutenant Governor presides over the Senate,
but the majority leader assumes most of the leadership roles. The house
elects a Speaker who serves as its leader. Leaders of each house are responsible
for recognizing speakers in debate, referring bills to committee, and
presiding over deliberations.
States grant legislatures a variety of functions:
- Enact laws
- Represent the needs of their
constituents
- Share budget-making responsibilities
with Governor
- Confirm nominations of state
officials
- House begins impeachment proceedings,
Senate conducts the trial if there is an impeachment.
- Casework
- Oversight - review of the executive
branch. (e.g., sunset
legislation)
Citizen Legislation
Legislators don't wield the only legislative power in state government.
In many states, the people can perform legislative functions directly.
The ways by which these methods can be implicated vary, but they usually
require a certain number of signatures on a petition. After that, the
issue is put on the ballot for a general vote.
A. Initiative - A way citizens
can bypass the legislature and pass laws or amend the state constitution
through a direct vote.
B. Referendum - A way citizens can approve of statutes or
constitutional changes proposed by the legislature through a direct vote.
C. Recall - A way citizens can remove elected officials
from office. It is allowed in 14 states and is hardly ever used.
Governor
The Governor is a state's chief executive. A governor can serve either
a two or four year term. Thirty-seven states have term limits on the governor.
Roles:
- Appointments
The Governor is chiefly responsible for making appointments to state
agencies and offices. These powers include:
- The ability to appoint
for specific posts in the executive branch.
- The ability to appoint
to fill a vacancy caused by the death or resignation of an elected
official
- Chief of State
- Chief Executive - draws
up budget, also has clemency and military powers
- Veto Power
- Like the U.S. President,
a governor has the right to veto bills passed by the legislature.
- Vetoes can be overridden
by a two-thirds or three-fourths majority in the legislature.
- In many states, the
governor has the power of a line-item
veto.
- In some states, the
governor has the power of an amendatory or conditional veto.
General Governor Information
Other Elected Positions Within the Executive Branch
The president and vice-president are the only elected executive positions
within the federal government. State governments, however, often have
other positions executive elected separately from the governor. Some examples
include:
- Lieutenant Governor: Succeeds
the governor in office and presides over the senate.
- Secretary of State - Takes
care of public records and documents, also may have many other responsibilities.
- Attorney General - Responsible
for representing the state in all court cases.
- Auditor - Makes sure that
public money has been spent legally.
- Treasurer - Invests and pays
out state funds.
- Superintendent of Public Instruction
- Heads state department of education.
Revenue
Like the Federal Government, state governments need money to function.
State systems, however, rely on different mechanisms to raise revenue.
A breakdown of the state revenue system:
A. Insurance Trust Revenue relates
to the money that the state takes in for administering programs such as
retirement, unemployment compensation, and other social insurance systems.
B. Services and Fees include items
such as tolls, liquor sales, lottery ticket sales, income from college
tuition, and hospital charges.
C. State Taxes come in many different
forms:
- Most states have a
sales tax. The sales tax is assessed on most consumer goods in the
state and ranges from 4% to 7%.
- Most states also have
a state income tax, similar to the one used by the federal government.
People can pay up to 16% of taxable income in state income taxes.
Most states have a progressive sales tax. About 37% of state tax revenue
is obtained through the personal income tax. Corporate income tax
is also assessed on corporate income, a sum that accounts for 7% of
state tax revenue.
- States levy taxes on
motor fuels such as gasoline, diesel, and gasohol. Most of the funds
go towards financing roads and transportation within the state.
- Sin taxes apply to
alcoholic beverages and tobacco products. These taxes are named as
such because they were originally intended to decrease consumption
of these "undesirable" goods.
- Most states also have
inheritance taxes, where a person pays a percentage of what he or
she inherits from a deceased person.
D. State-run liquor stores are
in operation in 17 states. Some states also make money through administration
of utilities.
E. Lotteries
By 1989, 29 states had adopted some sort of
gambling, most in the form of instant-winner or "drawing" lotteries.
About 1 percent of state revenue comes from gambling. Lotteries can be
very profitable for the state. Generally 50% of the proceeds go to winners,
10% to administration costs, and 40% to the state's general fund. Profits
from lotteries have been used towards funding education, economic development,
and environmental programs. Net income from state lotteries totaled $11.1
billion in 1995.
F. Debt
Like the Federal government, state governments
also have debts. In 1994, total state government debt had reached $410
billion. The per capita debt towards state governments across the country
is about $1500. Debts range from about $700 million in Wyoming to over
$65 billion in New York.
Education
One of the largest issue areas left to the discretion of the states is
education. The United States' public education system is administered
mostly on the state and local levels. Elementary and Secondary schools
receive funding from all the different levels of government: about 8%
from the Federal Government, 50% from the State government, and 42% from
local governments. State and local governments put more money toward education
than any other cost. There are approximately 15,000 school districts around
the country, each governed by its own school board. The people of the
district vote the members of the school board into office. Generally about
15-30% of the local electorate participate in a typical school board election.
Some roles of a school board:
- Administer general district
policy
- Make sure the district is
in tune with local interests
- Hire or fire the superintendent
The Superintendent is the head administrator within a district. His or
her responsibilities include:
- Drafting the budget
- Overseeing the principals
of schools within the district
- General administration within
the district
- Communication with the chief
state school official (CSSO).
The chief state school official is appointed by the governor and, along
with other state education positions, has many responsibilities:
- distribute state funds
- establish teacher certification
requirements
- define length of the school
day
- defines nutritional content
of school lunches
- mandate certain curricula
for schools and set the school calendar
State Government Vocabulary
amendatory or conditional veto - the
power to send a bill back to the legislature with suggested changes.
casework - taking care of constituents'
problems; "errand-running" for particular individuals.
express powers - powers which are directly
specified in the Constitution.
federal - a system in which the states
and national government share responsibilities. When people talk about
the federal government, they generally mean the national government, although
the term often refers to the division of powers between the state and
national governments.
formula grants - grants given to anyone
who meets certain guidelines (grants such as those for school lunches,
airports or highways).
implied powers - powers which are not
explicitly stated in the constitution, but which are implied through the
"necessary and proper" clause in Article I, Section 8.
inherent powers - powers which the national
government naturally has to represent the country in relations with other
countries.
line-item veto - the power of a governor
to veto particular lines (items) in budget appropriations bills.
mandate - a requirement set by the national
government to force states to perform a particular action.
presiding officer - one person who oversees
the activities of a legislative house. A presiding officer can have either
a major or minor leadership role in his or her house.
project grants - grants given to those
who make special requests for aid.
progressive tax - a tax where people
with higher incomes pay a higher percentage of taxable income in state
taxes.
sunset legislation - legislation that
has a specific expiration or renewal date. Sunset legislation can be used
in several situations.
- It can be used to persuade
legislators who do not strongly support a particular measure. When
the legislation lasts only a set length of time, the "on the
fence" legislators are more likely to vote for it because of
its "temporary" nature.
- Some issues change
rapidly (e.g., technology-related issues), and therefore legislation
pertaining to these issues must be updated periodically.
supermajority - a vote which takes a
quantity greater than the majority, usually 2/3 or 3/4, to pass.
term limit - a limit on the number of
consecutive terms an elected official can serve.
unfunded mandate - when the federal government
sets regulations for the states to follow and does not provide the states
with funds to carry them out.
State Government Bibliography
Burns, James et. al. State and Local Politics: Government by the People.
Englewood Cliffs, NJ: Prentice-Hall, Inc. 1984.
Peterson, Steven and Rasmussen, Thomas. State and Local Politics.
New York: McGraw-Hill, Inc. 1990.
Ross, Michael. State and Local Politics and Policy: Change and Reform.
Englewood Cliffs, NJ: Prentice-Hall, Inc. 1987.
Saffell, David. State Politics. Reading, MA: Addison-Wesley Publishing
Company. 1984.
U.S. Bureau of the Census. Statistical Abstract of the United States:
1996 (116th edition.) Washington, DC. 1996.
Compiled by James Berry.
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