Simone Lawson
The US Constitution upholds the belief that local governments are better suited to deal with local issues than a distant federal government. Each state has its own constitution, often more elaborate than the federal constitution, and all powers not granted to the federal government are reserved for the states and the people. State governments consist of executive, legislative, and judicial branches, with the latter usually led by the state supreme court. Local governments are generally structured into two tiers: counties and municipalities, with various districts providing functions outside these boundaries, such as school districts. While the US Constitution mandates that all states uphold a republican form of government, it does not require the three-branch structure. This flexibility allows states to have their own unique constitutional frameworks, such as Nebraska's unicameral legislature.
| Characteristics | Values |
|---|---|
| Local governments are better suited to deal with local issues | Police departments, schools, driver's licenses, parking tickets |
| Powers not granted to the federal government are reserved for states and the people | Divided between state and local governments |
| State constitutions are more elaborate than their federal counterpart | Alabama Constitution has 310,296 words, more than 40 times the US Constitution |
| All state governments are modeled after the federal government | Consist of three branches: executive, legislative, and judicial |
| State laws are made by two chambers | Bicameral legislature, except for Nebraska, which has one chamber |
| State supreme court rulings are binding | Unless there are questions regarding consistency with the US Constitution |
| Local governments include two tiers | Counties (or boroughs/parishes) and municipalities (or cities/towns) |
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What You'll Learn
Local governments deal with local issues
Local governments are responsible for handling local issues, and they are generally better suited to do so than a distant federal government. Local governments are closer to the people and have a better understanding of the unique needs and challenges of their communities. They are also more accessible to citizens, who have greater daily contact with their local and state governments than with the federal government. This accessibility means citizens can more easily engage with their local representatives and participate in decision-making processes, such as budget discussions.
Local governments consist of various departments, including housing, roads and transportation, libraries, building and zoning, planning, public works, police, fire, water, sewage, and education. These governments are responsible for maintaining and improving the infrastructure within their jurisdictions, such as roads and bridges, and providing essential services like police and fire protection. They also oversee local regulations, such as zoning laws and building permits, and manage local utilities like water and sewage.
In recent years, local governments have faced new challenges due to technological advancements and changing citizen expectations. Citizens now demand quick and efficient services, expecting the same level of technological convenience they experience in other areas of their lives. Local governments must adapt to these expectations and find ways to increase their efficiency, often by leveraging technology. For example, many local governments have started using electronic apps to improve services, such as allowing citizens to report potholes or providing information to hunters.
However, local governments often struggle with limited budgets and resources, making it difficult to invest in necessary improvements and innovations. They also face challenges in attracting and retaining qualified professionals, as many are drawn to the more competitive salaries and flexible schedules offered in the private sector. As a result, local governments must find creative solutions to address these issues and effectively serve their communities.
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State constitutions vary in their elaboration
State constitutions are more detailed regarding the day-to-day relationships between the government and the people. They are also more adaptable to change than the US Constitution, which has not been amended for over 30 years. In contrast, state constitutions were collectively amended nearly 70 times in 2022 alone. State constitutions can be amended more easily, and they often reflect the changing will and interests of the people.
State constitutions address a wide array of issues deemed important enough to be included in the constitution rather than in an ordinary statute. For example, 27 state constitutions have some version of a Free Elections Clause mandating that elections be "free," "equal," or "open," which has no federal counterpart. Only seven state constitutions include an explicit environmental rights provision.
State constitutions also provide the "guiding principles" of governance, which often include items found in the Bill of Rights, such as freedom of speech, freedom of religion, governmental accountability, the sovereignty of the people, and the purpose of democratic government. State constitutions also typically include provisions concerning the right to bear arms.
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Powers reserved for states and people
The Tenth Amendment of the US Constitution states that any powers not explicitly granted to the federal government are reserved for the states and the people. This amendment reinforces the idea of federalism, which refers to the division of power between the federal and state governments.
The Tenth Amendment's language implies that the powers granted to the federal government in the Constitution are exhaustive, and any powers not specifically listed are left to the states. This includes the "police powers" of health, education, and welfare, as well as the power to regulate public welfare and morality. For example, states have the freedom to legalise marijuana for personal and medical use, even though federal law bans it as a controlled substance.
State governments are modelled after the federal government and consist of three branches: executive, legislative, and judicial. Most states have a bicameral legislature, with an upper house (the Senate) and a lower house (the House of Representatives, Assembly, or House of Delegates). These two chambers work together to create state laws and fulfil governing responsibilities.
The US Constitution mandates that all states uphold a "republican form" of government, although it does not require the three-branch structure. Local governments generally include two tiers: counties (or boroughs/parishes) and municipalities (cities/towns). They are responsible for handling local issues and have oversight over police departments, libraries, schools, driver's licenses, and parking tickets.
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State government structure
State governments in the United States share a common structure, consisting of three branches: executive, legislative, and judicial. Each state has its own constitution, which often includes provisions for the structure and organisation of its government.
The executive branch is led by an elected governor, who may be joined by other directly elected officials, such as a Lieutenant Governor, Attorney General, Secretary of State, and various other roles. The executive branch also includes various departments and agencies, which are organised according to the preferences of each state.
The legislative branch consists of state legislatures, which are bicameral, with two chambers, in all states except Nebraska, which has a unicameral legislature. The upper chamber is called the Senate, and its members serve longer terms, usually four years. The lower chamber is often called the House of Representatives, but may also be referred to as the Assembly or House of Delegates, and its members serve shorter terms, typically two years. These two chambers work together to create state laws and carry out other governing duties.
The judicial branch is led by a state supreme court, which hears appeals from lower-level state courts. The rulings of state supreme courts are generally binding, but matters may be appealed to the United States Supreme Court if there are questions about consistency with the U.S. Constitution. The structure of the court system and the methods of selecting judges are determined by each state's constitution or legislature.
In addition to these three branches, state governments may also include various boards, commissions, councils, and other bodies, which can be independent or subordinate to existing departments.
State governments hold legal and administrative jurisdiction within their bounds, but they are not considered sovereign in the Westphalian sense in international law, as they do not have full control over their territory and domestic affairs.
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Local government tiers
The US Constitution upholds the principle that local governments are better suited to deal with local issues than a distant federal government. Local governments generally consist of two tiers: counties (known as boroughs in Alaska and parishes in Louisiana) and municipalities (cities or towns). In some states, counties are further divided into townships.
Municipalities can be structured in many ways, as defined by state constitutions, and include townships, villages, cities, boroughs (except in Alaska), and towns. Various kinds of districts also provide functions in local government outside county or municipal boundaries, such as school districts or fire protection districts.
Each state has its own constitution, and these documents are often more elaborate than the US Constitution. For example, the Alabama Constitution contains 310,296 words, over 40 times as many as the US Constitution. All powers not granted to the federal government are reserved for the states and the people, as outlined in the Tenth Amendment to the US Constitution.
State governments consist of three branches: executive, legislative, and judicial. All states except Nebraska have a bicameral legislature made up of two chambers: an upper house (the Senate) and a lower house (usually the House of Representatives). The upper chamber members generally serve longer terms, typically four years, while the lower chamber members serve shorter terms, often two years. State judicial branches are typically led by the state supreme court, which hears appeals from lower-level state courts. Court structures and judicial appointments are determined by legislation or the state constitution.
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Frequently asked questions
Yes, the US Constitution does place limits on local governments. The Tenth Amendment to the US Constitution reserves all powers not granted to the federal government for the states and the people.
Local governments generally include two tiers: counties (or boroughs/parishes) and municipalities (or cities/towns).
Local governments handle a range of local issues, including police departments, libraries, schools, driver's licenses, and parking tickets.
State governments consist of three branches: executive, legislative, and judicial. Except for Nebraska, all states have a bicameral legislature with an upper house (the Senate) and a lower house (the House of Representatives).
State constitutions are more elaborate than the US Constitution and provide flexibility in structuring local governments. However, the US Constitution mandates that all states uphold a "republican form" of government.
