Isabella Carter
In the United States, each state and territory has constitutional officers who lead the state governments. These officers may be elected or appointed, and their number and powers vary from state to state. They may reside in the executive or legislative branch, and state constitutions also establish the judicial system, including state supreme courts. All states have an attorney general, who is the chief legal advisor and law enforcement officer, and a state treasurer, who manages the state's finances. In some states, constitutional officers play a major role in redistricting, while in others, they have term limits or are elected separately from the governor.
| Characteristics | Values |
|---|---|
| Number of constitutional officers | Varies from state to state |
| Powers of constitutional officers | Depends on the constitution and statutes of each state |
| Position of constitutional officers | Executive or legislative branch |
| Election of constitutional officers | Elected or appointed, depending on the position |
| Term of constitutional officers | Four-year terms in Virginia and North Carolina; two-year terms in Vermont and New Hampshire; varying lengths in Texas |
| Role in redistricting | Major role in some states, such as Ohio |
| Cabinet composition | Gubernatorial appointees in North Carolina |
| Election day | First Tuesday following the first Monday in November, except in Louisiana |
| Recall | Possible in many states, depending on state law |
| Lieutenant governor election | Separate from the governor in roughly half of the states with the position |
| State attorney general | Directly elected in 43 states, selected by the governor, legislature, or state supreme court in the others |
| State treasurer | Typically manages state finances and investments |
| State supreme court | Established by state constitutions |
| Judicial branch officers | Judges may or may not be considered officers, but they can appoint officers of the court |
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What You'll Learn
State constitutional officers are elected or appointed
In the United States, each state and territory has constitutional officers who lead the state governments. These officers may be elected or appointed, depending on the position and the state. The number and powers of state constitutional officers vary from state to state, based on the constitution and statutes of each state.
State constitutional officers may reside in the executive or legislative branch. For example, in Pennsylvania, the Senate elects a President pro tempore, who presides over the senate when the Lieutenant Governor is absent. In contrast, the Montana Constitution only requires that each house choose its officers from among members of that house. In many states, the lieutenant governor fills a dual role as an executive officer and as the presiding officer of the senate.
Statewide elected officials may not be part of the cabinet in some states, which is instead composed of gubernatorial appointees. For instance, the Massachusetts Governor's Council consists of eight officials elected from eight districts, and the Mississippi Public Service Commission's members are elected from three districts across the state. Many state constitutions also establish appointed positions, such as the California Public Utilities Commission, whose board members are appointed by the governor.
All states except Louisiana hold their statewide elections on the first Tuesday after the first Monday in November. Many states, such as Virginia and North Carolina, elect all constitutional officers concurrently to four-year terms. In other states, officials are elected at different times to terms of varying lengths. For example, in Vermont and New Hampshire, constitutional officers are elected to two-year terms. In some states, some or all constitutional officers have term limits, and many officials can be recalled depending on state law.
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Number and powers vary from state to state
The number and powers of state constitutional officers vary from state to state, depending on the constitution and statutes of each state. Each state has an attorney general, who is the chief legal advisor and the state's chief law enforcement officer. 43 states directly elect their attorney general, while the others are selected by the governor, legislature, or state supreme court. The attorney general often has wide discretion in what cases to prosecute and how to settle them.
Every state also has a state treasurer, or an equivalent, who serves as the chief custodian of the state's treasury and is the state's head banker. The treasurer is responsible for receiving and depositing state money, managing investments, and keeping track of budget surpluses and deficits.
In some states, such as Ohio, state constitutional officers play a significant role in redistricting. The statewide elected officials may or may not be part of the cabinet, which can instead be composed of gubernatorial appointees. For example, the Constitution of California establishes the California Public Utilities Commission to regulate public utilities, with board members appointed by the governor to six-year terms.
The timing of elections for constitutional officers also varies across states. Many states, including Virginia and North Carolina, elect all constitutional officers concurrently to four-year terms. In contrast, Texas elects officials at different times to terms of varying lengths. Vermont and New Hampshire elect their constitutional officers to two-year terms. Additionally, some states, like Nevada, impose term limits on their constitutional officers.
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Officers reside in executive or legislative branches
In the United States, each state and territory has constitutional officers who lead the state governments. These officers may be elected or appointed, depending on the position. The number and powers of state constitutional officers vary from state to state, based on the constitution and statutes of each state.
State constitutional officers may reside in the executive or legislative branch. The governor of each state heads the executive branch and, depending on the individual jurisdiction, may have considerable control over government budgeting, the power of appointment of many officials, and a considerable role in legislation. The governor may also have additional roles, such as that of commander-in-chief of the state's National Guard. In some states, such as Ohio, state constitutional officers play a major role in redistricting. In California, ultimate executive power is vested in the governor alone, although other state constitutional officers still have their own powers and duties.
The legislative branch consists of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers. The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. In addition, there are 6 non-voting members, representing Washington D.C., Puerto Rico, and four other U.S. territories. The presiding officer of the chamber is the Speaker of the House, elected by the Representatives.
In some states, the lieutenant governor fills a dual role as an executive officer and as the presiding officer of the senate. For example, in Pennsylvania, the Lieutenant Governor is the President pro tempore of the Senate.
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State constitutions establish the judicial system
The US Constitution, as the supreme law of the land, establishes a federal system of government in which power is shared between the federal government and the state governments. Both the federal government and each of the state governments have their own court systems.
Article III of the Constitution establishes the federal judiciary. Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Constitution establishes the Supreme Court, but it permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It also has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. The Court also has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established in the case of Marbury v. Madison in 1803.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognises the limits of its power.
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Officers include attorney general, treasurer, and governor
The governor is the chief executive of a state's government, and other executive officers typically report to them. Governors are responsible for ensuring that the laws are faithfully executed by the people and organisations that make up the executive branch. The scope of a governor's power varies from state to state and is determined by the state constitution, legislation, and tradition.
The attorney general is the state's chief law enforcement officer and often heads the state's Department of Justice. They have wide discretion in what cases to prosecute and how to settle them. They also act as legal advisors to state agencies or officials and represent the state in lawsuits. Attorneys general can make an impact beyond their state, challenging federal laws and prosecuting major national companies. In many states, the attorney general is the second most powerful constitutional officer, after the governor.
The treasurer is the chief custodian of the state's treasury and is the state's head banker. They receive and deposit state money, manage investments, and keep track of budget surpluses and deficits. Their powers and responsibilities are similar to those of the United States Secretary of the Treasury. Most states popularly elect their treasurer, while some are appointed by the governor or elected by the legislature.
In some states, the lieutenant governor fills a dual role as an executive officer and as the presiding officer of the senate. In other states, the lieutenant governor is elected separately from the governor, while in others, they are elected jointly.
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Frequently asked questions
A constitutional officer is an official who leads a state government in the United States.
Constitutional officers may be elected or appointed, depending on the position and state. Some states elect officers on a statewide basis, while others elect officers by state district.
The length of terms varies by state. Some states, like Virginia and North Carolina, elect constitutional officers to four-year terms. In Vermont and New Hampshire, officers are elected to two-year terms.
Yes, depending on state law, many constitutional officers can be recalled.
North Carolina is an example of a state where statewide elected officials are not part of the cabinet.
