State Government and Administration of the United States of America 

State government and Administration

The importance of the State in the American polity cannot be overemphasized. According to Prof. Munro, "The States are still the pivot around which the whole American political system revolves. Were it not for the States, the national government could not function; a President could not be elected, nor could Congressmen be chosen; for it is the States that arrange the congressional districts, prepare the voters lists and provide the machinery of elections. In them, too is to be found the organized party life of the nation, so important in actual conduct of our electoral institutions- national parties being little more than instruments for coordinating the individual State units of the same partisan allegations for nation-wide election campaigns. Again "without the action of the State legislatures (either by ratifying or initiating proposals) no formal amendment could be added to the federal Constitution. Likewise, if the States did not exist, there could be no country, city or town governments; for all of these derive their authority and even their legal existence, from State Constitution and State laws.

Divisions of Powers between the Federal Government and States:

As regards the distribution of powers between the Federal Government and States, both of them possess limited powers.

The powers given to the Federal Government are enumerated in the Constitution. It is true that the powers of the States are original and inherent, but there are many limitations on them. They do not possess the powers which are delegated by the Constitution to the Federal Government. No State shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States; in order to deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The States are prohibited from negotiating treaties, waging war, impairing the obligations of contract etc.

The Federal Government guarantees to each State a republican form of government and no State can change its republican form even by following the prescribed method of amendment laid down by law. States cannot impose export and import duty. They cannot tax federal instrumentalities. They cannot coin money or issue paper currency. They cannot pass bill of attainder or ex post facto laws.

Although the States cannot deprive any person of his property yet they can regulate property or interfere with it under the clause of "police power" vested in the State. The police power of the State has been interpreted by the judges according to their own temperaments Judges like Marshall tried to increase the powers of the Federal Government and judges like Taney stood for the rights of the States.

State Executive

The State executive consists of a Governor, a Lieutenant-Governor, a Secretary of State, an Attorney-General, an Auditor, a Treasurer, a Superintendent, etc. In some States, the Governor is elected for two years and in some others for four years. Up to 1947 the term was extended to four years. Provision has been made for the impeachment of the Governor by the House of Representatives before the Senate of the State. A two thirds majority is required for a successful impeachment. In some States, provision has been made for the recall of a Governor. However, only one Governor, named L.J. Frazier of North Dakota, was recalled in 1921.

When a Governor is convicted by impeachment, or dies in office or otherwise resigns, he is succeeded by the Lieutenant-Governor in most of the States. A lieutenant -Governor is ordinarily chosen for the same term and by the same process as the Governor and in ordinary circumstances, his duty is to preside over the meetings of the Senate. If there is no Lieutenant-Governor is recalled by the people, his successor is chosen by the people either at the time of recall or at a special election afterwards.

As regards the financial powers of the Governor, it is his duty to prepare the annual budget and send the same to the legislature. As regards his military powers, they are not so many as they used to be. However, normally the Governor is the Commander-in-Chief of State militia and the State-guard. The powers of the Governor as Commander-in-Chief are actually exercised by an Adjutant-General or some other officer. The Governor can appoint the officers of the militia. He can call out the militia to put down any riot or civil disorder.

The Governor has to perform certain duties towards the Federal Government. He is the recognized medium of communication between the State and the Federal Government. All orders of the Federal Government are communicated to the State through the Governor. All proposals for the amendment of the Federal Constitution are sent by the Congress to the Governor.

Whenever the Federal Government wants help or co-operation from a State, it writes to the Governor of the State. The Governor has the power to pardon or reprieve the offenders who have been convicted by the courts of law within his State. These pardons may be absolute or conditional.

State Legislature

Excepting the State of Nebraska which decided in 1934 to have a unicameral system, the other States in the U.S.A. have a bicameral system. The two houses are known as the Senate and House of Representatives. Both of them are elected by the people. In order to avoid the charge of duplication, the constituencies for the Senate and the House of Representatives are arranged differently. In the case of the Senate, its members are elected by the counties and every country, irrespective of its population, has equal representation. On the other hand, the House of the Representatives is elected on a population basis. The strength of the House of Representatives is a more popular house than the Senate. Like the American Senate, the State Senates also have a longer term than the House of Representatives.

Amendment of State Constitution:

Every State has its own separate Constitution and the method of amendment varies from State to State. The amendment has to be passed first of all by the State legislature and then referred to the people for approval. The majority required for the passing of a constitutional amendment in the State legislature varies. Referendum is obligatory for a constitutional amendment. No State constitutional can be amendment in such a way as to conflict with the national Constitution.

Local Government:

In every State, there are a large number of local bodies which do a lot of work in their own spheres. All the local bodies derive their powers from the State governments. They have their own officials to carry out their duties. The townships, the countries, the towns, the cities and the school districts are the local units in the States. Many experiments have been made in the U.S.A. in the field of local government and the most important are commission plan and the city manager plan.

Direct Democracy

It is to be observed that direct legislation and recall are to be found only in the States and not at the centre. The system of initiative and referendum prevails in most of States, but that of recall only in a few States. The necessity of the direct legislation has arisen on account of the fact that the people do not have faith in the honesty and integrity of the State legislatures. It is felt that the members of the legislatures are either bribed or influenced in an undesirable manner. The result is that even those bills are passed which are hardly in the interests of the people. Moreover, a State legislature may not pass a law which the people want very badly.

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