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State and local government

Because the U.S. Constitution establishes a federal system, the state governments enjoy extensive authority. The Constitution outlines the specific powers granted to the national government and reserves the remainder to the states. However, because of ambiguity in the Constitution and disparate historical interpretations by the federal courts, the powers actually exercised by the states have waxed and waned over time. Beginning in the last decades of the 20th century, for example, decisions by conservative-leaning federal courts, along with a general trend favouring the decentralization of government, increased the power of the states relative to the federal government. In some areas, the authority of the federal and state governments overlap; for example, the state and federal governments both have the power to tax, establish courts, and make and enforce laws. In other areas, such as the regulation of commerce within a state, the establishment of local governments, and action on public health, safety, and morals, the state governments have considerable discretion. The Constitution also denies to the states certain powers; for example, the Constitution forbids states to enter into treaties, to tax imports or exports, or to coin money. States also may not adopt laws that contradict the U.S. Constitution.

The governments of the 50 states have structures closely paralleling those of the federal government. Each state has a governor, a legislature, and a judiciary. Each state also has its own constitution.

Mirroring the U.S. Congress, all state legislatures are bicameral except Nebraska’s, which is unicameral. Most state judicial systems are based upon elected justices of the peace (although in many states this term is not used), above whom are major trial courts, often called district courts, and appellate courts. Each state has its own supreme court. In addition, there are probate courts concerned with wills, estates, and guardianships. Most state judges are elected, though some states use an appointment process similar to the federal courts and some use a nonpartisan selection process known as the Missouri Plan.

State governors are directly elected and serve varying terms (generally ranging from two to four years); in some states, the number of terms a governor may serve is limited. The powers of governors also vary, with some state constitutions ceding substantial authority to the chief executive (such as appointment and budgetary powers and the authority to veto legislation). In a few states, however, governors have highly circumscribed authority, with the constitution denying them the power to veto legislative bills.

Most states have a lieutenant governor, who is often elected independently of the governor and is sometimes not a member of the governor’s party. Lieutenant governors generally serve as the presiding officer of the state Senate. Other elected officials commonly include a secretary of state, state treasurer, state auditor, attorney general, and superintendent of public instruction.

State governments have a wide array of functions, encompassing conservation, highway and motor vehicle supervision, public safety and corrections, professional licensing, regulation of agriculture and of intrastate business and industry, and certain aspects of education, public health, and welfare. The administrative departments that oversee these activities are headed by the governor.

Each state may establish local governments to assist it in carrying out its constitutional powers. Local governments exercise only those powers that are granted to them by the states, and a state may redefine the role and authority of local government as it deems appropriate. The country has a long tradition of local democracy (e.g., the town meeting), and even some of the smallest areas have their own governments. There are some 85,000 local government units in the United States. The largest local government unit is the county (called a parish in Louisiana or a borough in Alaska). Counties range in population from as few as 100 people to millions (e.g., Los Angeles county). They often provide local services in rural areas and are responsible for law enforcement and keeping vital records. Smaller units include townships, villages, school districts, and special districts (e.g., housing authorities, conservation districts, and water authorities).

Municipal, or city, governments are responsible for delivering most local services, particularly in urban areas. At the beginning of the 21st century there were some 20,000 municipal governments in the United States. They are more diverse in structure than state governments. There are three basic types: mayor-council, commission, and council-manager governments. The mayor-council form, which is used in Boston, New York City, Philadelphia, Chicago, and thousands of smaller cities, consists of an elected mayor and council. The power of mayors and councils vary from city to city; in most cities the mayor has limited powers and serves largely as a ceremonial leader, but in some cities (particularly large urban areas) the council is nominally responsible for formulating city ordinances, which the mayor enforces, but the mayor often controls the actions of the council. In the commission type, used less frequently now than it was in the early 20th century, voters elect a number of commissioners, each of whom serves as head of a city department; the presiding commissioner is generally the mayor. In the council-manager type, used in large cities such as Charlotte (North Carolina), Dallas (Texas), Phoenix (Arizona), and San Diego (California), an elected council hires a city manager to administer the city departments. The mayor, elected by the council, simply chairs the council and officiates at important functions.

Rock Hill, South CarolinaCity Hall in Rock Hill, South Carolina.Akhenaton06

As society has become increasingly urban, politics and government have become more complex. Many problems of the cities, including transportation, housing, education, health, and welfare, can no longer be handled entirely on the local level. Because even the states do not have the necessary resources, cities have often turned to the federal government for assistance, though proponents of local control have urged that the federal government provide block-grant aid to state and local governments without federal restrictions.

Political process

The framers of the U.S. Constitution focused their efforts primarily on the role, power, and function of the state and national governments, only briefly addressing the political and electoral process. Indeed, three of the Constitution’s four references to the election of public officials left the details to be determined by Congress or the states. The fourth reference, in Article II, Section 1, prescribed the role of the electoral college in choosing the president, but this section was soon amended (in 1804 by the Twelfth Amendment) to remedy the technical defects that had arisen in 1800, when all Democratic-Republican Party electors cast their votes for Thomas Jefferson and Aaron Burr, thereby creating a tie because electors were unable to differentiate between their presidential and vice presidential choices. (The election of 1800 was finally settled by Congress, which selected Jefferson president following 36 ballots.)

In establishing the electoral college, the framers stipulated that “Congress may determine the Time of chusing [sic] the Electors, and the Day on which they shall give their votes; which Day shall be the same throughout the United States.” In 1845 Congress established that presidential electors would be appointed on the first Tuesday after the first Monday in November; the electors cast their ballots on the Monday following the second Wednesday in December. Article I, establishing Congress, merely provides (Section 2) that representatives are to be “chosen every second Year by the People of the several States” and that voting qualifications are to be the same for Congress as for the “most numerous Branch of the State Legislature.” Initially, senators were chosen by their respective state legislatures (Section 3), though this was changed to popular election by the Seventeenth Amendment in 1913. Section 4 leaves to the states the prescription of the “Times, Places and Manner of holding Elections for Senators and Representatives” but gives Congress the power “at any time by Law [to] make or alter such Regulations, except as to the Places of chusing Senators.” In 1875 Congress designated the first Tuesday after the first Monday in November in even years as federal election day.