In federalism, the states keep the powers not given to the national government (the Tenth Amendment). Each state is a full government of its own, built much like the national one.
| National government | A typical state | |
|---|---|---|
| Founding law | the U.S. Constitution (seven articles and 27 amendments) | its own state constitution, usually much longer and amended far more often |
| Executive | the President | the governor, plus other elected officials such as an attorney general and secretary of state |
| Legislature | Congress: House and Senate | two houses in every state except Nebraska, which has had a one-house (unicameral), nonpartisan legislature since 1937 |
| Courts | federal courts | state trial courts, appeals courts and a state supreme court |
| Veto | veto the whole bill only | most governors may also veto single spending items (the line-item veto) |
Why it works
Why does state government matter so much day to day? Most of the law people meet is state and local: criminal law (most crimes are state crimes), traffic rules and driver's licenses, marriage and family law, property and contracts, professional licenses, public schools, state universities, roads and state police. States also run elections, even for President and Congress, within federal limits. State constitutions often list rights beyond the federal ones and can be amended by voters directly in many states. Justice Louis Brandeis called a state a possible "laboratory" that may "try novel social and economic experiments without risk to the rest of the country," and ideas tried in states often spread.
Key idea
Every state has its own constitution, a governor, a legislature (all two-house except Nebraska) and courts. States run elections, schools, most criminal law, licenses and roads.
Worked example: Which government?
A driver gets a speeding ticket on a state highway. Whose law did she break?
- Speed limits on state roads are set by state law (local roads, by local law under state authority).
Answer: State law.
Worked example: One house or two?
How many state legislatures have only one house?
- 49 states have two houses.
- Nebraska switched to one house in 1937.
Answer: One: Nebraska.
Common mistake
Thinking most laws people meet day to day are federal. Traffic, family, property, most crimes and schools are mostly state and local law. Check: who issued the license, wrote the ticket or runs the school?