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U.S. state

Constituent political entity sharing sovereignty as the United States of America

Top 10 U.S. state related articles

State
  • Also known as:
  • Commonwealth
    (the self-designation of four states)
CategoryFederated state
LocationUnited States
Number50
PopulationsSmallest: Wyoming, 578,759
Largest: California, 39,512,223[1]
AreasSmallest: Rhode Island, 1,545 square miles (4,000 km2)
Largest: Alaska, 665,384 square miles (1,723,340 km2)[2]
Government
Subdivisions

In the United States, a state is a constituent political entity, of which there are currently 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside.[3] State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders (such as paroled convicts and children of divorced spouses who are sharing custody).

State governments are allocated power by the people (of each respective state) through their individual constitutions. All are grounded in republican principles, and each provides for a government, consisting of three branches, each with separate and independent powers: executive, legislative, and judicial.[4] States are divided into counties or county-equivalents, which may be assigned some local governmental authority but are not sovereign. County or county-equivalent structure varies widely by state, and states also create other local governments.

States, unlike U.S. territories, possess a number of powers and rights under the United States Constitution. States and their citizens are represented in the United States Congress, a bicameral legislature consisting of the Senate and the House of Representatives. Each state is also entitled to select a number of electors (equal to the total number of representatives and senators from that state) to vote in the Electoral College, the body that directly elects the President of the United States. Additionally, each state has the opportunity to ratify constitutional amendments, and, with the consent of Congress, two or more states may enter into interstate compacts with one another. The police power of each state is also recognized.

Historically, the tasks of local law enforcement, public education, public health, regulating intrastate commerce, and local transportation and infrastructure have generally been considered primarily state responsibilities, although all of these now have significant federal funding and regulation as well. Over time, the Constitution has been amended, and the interpretation and application of its provisions have changed. The general tendency has been toward centralization and incorporation, with the federal government playing a much larger role than it once did. There is a continuing debate over states' rights, which concerns the extent and nature of the states' powers and sovereignty in relation to the federal government and the rights of individuals.

The Constitution grants to Congress the authority to admit new states into the Union. Since the establishment of the United States in 1776 by Thirteen British Colonies, the number of states has expanded from the original 13 to 50. Each new state has been admitted on an equal footing with the existing states.[5] The Constitution is silent on the question of whether states have the power to secede (withdraw) from the Union. Shortly after the Civil War, the U.S. Supreme Court, in Texas v. White, held that a state cannot unilaterally do so.[6][7]

U.S. state Intro articles: 37

States of the United States

The 50 U.S. states, in alphabetical order, along with each state's flag:


U.S. state States of the United States articles: 50

Background

The 13 original states came into existence in July 1776 during the American Revolutionary War, as the successors of the Thirteen Colonies, upon agreeing to the Lee Resolution[8] and signing the United States Declaration of Independence.[9] Prior to these events each state had been a British colony;[8] each then joined the first Union of states between 1777 and 1781, upon ratifying the Articles of Confederation, the first U.S. constitution.[10][11] Also during this period, the newly independent states developed their own individual state constitutions, among the earliest written constitutions in the world.[12] Although different in detail, these state constitutions shared features that would be important in the American constitutional order: they were republican in form, and separated power among three branches, most had bicameral legislatures, and contained statements of, or a bill of rights.[13] Later, from 1787 to 1790, each of the states also ratified a new federal frame of government in the Constitution of the United States.[14] In relation to the states, the U.S. Constitution elaborated concepts of federalism.[15]

U.S. state Background articles: 10

Governments

States are not mere administrative divisions of the United States, as their powers and responsibilities are not assigned to them from above by federal legislation or federal administrative action or the federal Constitution. 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) deemed appropriate by its people, and to exercise all powers of government not delegated to the federal government by the Constitution.[16] 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.[17] 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. Many of these documents are more detailed and more elaborate than their federal counterpart. The Constitution of Alabama, for example, contains 310,296 words – more than 40 times as many as the U.S. Constitution.[18] In practice, each state has adopted a three-branch frame of government: executive, legislative, and judicial (even though doing so has never been required).[18][19]

Early on 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

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 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] Most states have a plural executive, meaning that the governor is not the only government official in the state responsible for its executive branch. In these states, executive power is distributed amongst other officials,[23] elected by the people independently of the governor—such as the lieutenant governor, attorney general, comptroller, secretary of state, and others.

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.[24] 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, in which legislators act as a jury.[24]

Legislative

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, which has only a single chamber.[25] 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.[26]

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 which 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 a total of 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.[27]

Judicial

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. However, Oklahoma and Texas have separate highest courts for criminal appeals. In New York State the trial court is called the Supreme Court; appeals are then taken to the Supreme Court's Appellate Division, and from there to the Court of Appeals.

State court systems provide general courts with broad jurisdiction. The overwhelming majority of criminal and civil cases in the United States are heard in state courts. The annual number of cases filed in state courts is around 30,000,000 and the number of judges in state courts is about 30,000—by comparison, federal courts see some 1,000,000 filed cases with about 1700 judges.[28]

Most states base their legal system on English common law (with substantial indigenous 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 of the 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.

States as unitary systems

All states are unitary governments, 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.[29] 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 a power is resolved by the courts against the corporation—against the existence of the powers.[30]

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.[31]

U.S. state Governments articles: 47

Relationships

Among states

Each state admitted to the Union by Congress since 1789 has entered it on an equal footing with the original states in all respects.[32] 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.[33] 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.[34]

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. Under 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. The principle of hot pursuit of a presumed felon and arrest by the law officers of one state in another state are often permitted by a state.[35]

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.[36] 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

Under Article IV, each state is guaranteed a form of government that is grounded in republican principles, such as the consent of the governed.[37] This guarantee has long been at the fore-front 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.

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.[38] 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.[39]

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 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."[40] 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.[41] Then, one year later, 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.[42] 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.[43]

Another enumerated congressional power is its taxing and spending power.[44] 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 also serves the interests of the states. By threatening to withhold federal highway funds, Congress has been able to pressure state legislatures to pass a variety of laws. 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-large or from single-member districts to terms of two years (not staggered). The size of the House—presently 435 voting members—is set by federal statute. Seats in the House are distributed among the states in proportion to the most recent constitutionally mandated decennial census.[45] The borders of these districts are established by the states individually through a process called redistricting, and within each state all districts are required to have approximately equal populations.[46]

Citizens in each state plus those in the District of Columbia indirectly elect the president and vice president. When casting ballots in presidential elections they are voting for presidential electors, who then, using procedures provided in the 12th amendment, elect the president and vice president.[47] There were 538 electors for the most recent presidential election in 2020; the allocation of electoral votes was based on the 2010 census.[48] Each state is entitled to a number of electors equal to the total number of representatives and senators from that state; the District of Columbia is entitled to three electors.[49]

While the Constitution does set parameters for the election of federal officials, state law, not federal, regulates most aspects of elections in the U.S., including: primaries, the eligibility of voters (beyond the basic constitutional definition), the running of each state's electoral college, as well as the running of state and local elections. All elections—federal, state and local—are administered by the individual states, and some voting rules and procedures may differ among them.[50]

Article V of the Constitution accords states a key role in the process of amending the U.S. Constitution. Amendments may be proposed either by Congress with a two-thirds vote in both the House and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures.[51] To become part of the Constitution, an amendment must be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or state ratifying conventions in three-quarters of the states.[52] The vote in each state (to either ratify or reject a proposed amendment) carries equal weight, regardless of a state's population or length of time in the Union.

U.S. state Relationships articles: 50

Admission into the Union

U.S. states by date of statehood:
  1776–1790    1791–1796
  1803–1819    1820–1837
  1845–1859    1861–1876
  1889–1896    1907–1912
  1959
The order in which the original 13 states ratified the Constitution, then the order in which the others were admitted to the Union

Article IV also grants to Congress the authority to admit new states into the Union. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. Each new state has been admitted on an equal footing with the existing states.[33] Article IV also forbids the creation of new states from parts of existing states without the consent of both the affected states and Congress. This caveat was designed to give Eastern states that still had Western land claims (including Georgia, North Carolina, and Virginia), to have a veto over whether their western counties could become states,[32] and has served this same function since, whenever a proposal to partition an existing state or states in order that a region within might either join another state or to create a new state has come before Congress.

Most of the states admitted to the Union after the original 13 were formed from an organized territory established and governed by Congress in accord with its plenary power under Article IV, Section 3, Clause 2.[53] The outline for this process was established by the Northwest Ordinance (1787), which predates the ratification of the Constitution. In some cases, an entire territory has become a state; in others some part of a territory has.

When the people of a territory make their desire for statehood known to the federal government, Congress may pass an enabling act authorizing the people of that territory to organize a constitutional convention to write a state constitution as a step towards admission to the Union. Each act details the mechanism by which the territory will be admitted as a state following ratification of their constitution and election of state officers. Although the use of an enabling act is a traditional historic practice, a number of territories have drafted constitutions for submission to Congress absent an enabling act and were subsequently admitted. Upon acceptance of that constitution, and upon meeting any additional Congressional stipulations, Congress has always admitted that territory as a state.

In addition to the original 13, 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, two entered the Union after having been sovereign states, and one was established from unorganized territory:

Congress is under no obligation to admit states, even in those areas whose population expresses a desire for statehood. Such has been the case numerous times during the nation's history. In one instance, Mormon pioneers in Salt Lake City sought to establish the state of Deseret in 1849. It existed for slightly over two years and was never approved by the United States Congress. In another, leaders of the Five Civilized Tribes (Cherokee, Chickasaw, Choctaw, Creek, and Seminole) in Indian Territory proposed to establish the state of Sequoyah in 1905, as a means to retain control of their lands.[61] The proposed constitution ultimately failed in the U.S. Congress. Instead, the Indian Territory, along with Oklahoma Territory were both incorporated into the new state of Oklahoma in 1907. The first instance occurred while the nation still operated under the Articles of Confederation. The State of Franklin existed for several years, not long after the end of the American Revolution, but was never recognized by the Confederation Congress, which ultimately recognized North Carolina's claim of sovereignty over the area. The territory comprising Franklin later became part of the Southwest Territory, and ultimately of the state of Tennessee.

Additionally, the entry of several states into the Union was delayed due to distinctive complicating factors. Among them, Michigan Territory, which petitioned Congress for statehood in 1835, was not admitted to the Union until 1837, due to a boundary dispute with the adjoining state of Ohio. The Republic of Texas requested annexation to the United States in 1837, but fears about potential conflict with Mexico delayed the admission of Texas for nine years.[62] Statehood for Kansas Territory was held up for several years (1854–61) due to a series of internal violent conflicts involving anti-slavery and pro-slavery factions. West Virginia's bid for statehood was also delayed over slavery, and was settled when it agreed to adopt a gradual abolition plan.[63]

U.S. state Admission into the Union articles: 36