Information about State Government

A state government (provincial government in Canada) is the government of a subnational entity in states with federal forms of government, which shares political power with the federal government or national government. A state government may have some level of political autonomy, or be subject to the direct control of the federal government. This relationship may be mediated by a constitution.

The reference to "state" denotes subnational entities which are officially or widely known as "states", and should not be confused with "State". Provinces are usually divisions of unitary States. Their governments, which are also provincial governments, are not the subject of this article.

The United States and Australia are the main examples of federal systems in which the term "state" is used for the subnational components of the federation. In addition, the Canadian provinces fulfil a similar role. The term for subnational units in non-English-speaking federal countries may also often be translated as "state", e.g. States of Germany (German Lander).

United States

Under the 10th Amendment to the U.S. Constitution, all governmental powers not granted to the federal government by the Constitution are reserved for the states. The governments of the 13 colonies which formed the original union under the Constitution trace their history back to the royal charters which established them during the year of colonialism. Most other states were organized as federal territories before forming their own governments and requesting admittance into the union. Notable exceptions are Vermont, Texas and Hawaii, which were sovereign nations before joining the union.

Structure

All U.S. states have a written constitution and a three-branch government modeled on the federal government. While the U.S. Constitution mandates that each state shall have a "republican form" of government, this particular structure is not mandatory.

Executive

The executive branch of every state is headed by an elected governor. Most states also have a lieutenant governor. 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.

As a sovereign entity, 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; the organizational chart for each state's executive branch can be characterized as sui generis.

Legislative

The legislative branch is bicameral in all states except one. In the majority of states (26), the state's legislature—that is, the upper and lower house referred to as one—is simply called "The Legislature". Another 19 states name their legislature the "General Assembly", while the legislatures of Oregon and North Dakota share the appellation "Legislative Assembly". The most unusual moniker for a state legislature is "General Court", which is used by both Massachusetts and New Hampshire. Nebraska's legislature is unique, in that it is unicameral. While the Nebraska legislature is officially known, like most, as the "Legislature", it is more commonly called the "Senate", as its members are officially called "Senators".

• Upper House

In all 49 states with bicameral legislatures, the upper house is referred to as 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 decreed that, unlike the United States Senate, state senates must be elected from districts of approximately equal population.

• Lower House

In 41 of the 49 states with lower houses, the lower house is called the "House of Representatives". The name "House of Delegates" is used in Maryland, Virginia, and West Virginia. California and Wisconsin call their lower house the "State Assembly", while Nevada and New York simply call the lower house the "Assembly". And New Jersey calls its lower house the "General Assembly".

Judicial

The judicial branch is typically headed by a state supreme court which hears appeals from lower state courts. The structure of courts and the methods by which judges are elected or appointed are determined by legislation or the state constitution. Oddly, New York's highest court is called the Court of Appeals, while its trial court is known as the Supreme Court.

Australia

The Commonwealth of Australia is a federal nation with six states (and three mainland territories). Section 51 of the Australian Constitution sets out the division of legislative power between the states and the Commonwealth government. The Commonwealth government is given a variety of legislative powers, including control of foreign affairs, taxation (although this cannot discriminate between states or parts of states), and regulation of interstate commerce and corporations.^[1] Since the original ratification of the constitution, the High Court of Australia has settled a number of disputes concerning the extent of the Commonwealth's legislative powers, some of which have been controversial and extensively criticised; these included a dispute in 1982 over whether the Commonwealth was entitled to designate land for national heritage purposes under United Nations agreements,^[2] as well as numerous disputes over the extent of the Commonwealth's power over trade union and industrial relations legislation.^[3]

One difference between the Australian and United States models of federalism is that, in Australia, the Commonwealth Parliament has explicit constitutional power over marriage legislation; this has been a focal point for recent controversies over same-sex marriage.^[4]

Government structure

Each state of Australia has a Governor, who represents the Queen of Australia (currently Elizabeth II of the United Kingdom) and performs the ceremonial duties of a head of state. Every state also has a parliament; most states have a bicameral parliament, except for Queensland, where the upper chamber (the Legislative Council) was abolished in 1922.^[5] Unlike their United States counterparts, Australian states have a Westminster system of parliamentary government; the head of government, known in each state as a Premier, is drawn from the state parliament.

References

See also

• State (sub-national)
• Subnational entity
• List of U.S. state legislatures