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7 the State Governments

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7. THE STATE GOVERNMENTS The forty-eight State Governments of the United States have cer tain common characteristics. Each State is legally the equal of every other State in the Federal system. Each controls the organization of its own State and Local Governments. Each has a written Con stitution providing for three departments of Government, with a legislature of two houses (with one exception) elected by popular vote, and a popularly elected governor as head of its executive depart ment. Each State has a judicial system not essentially dissimilar in external organization from that of the other States. Each State has created local governing areas for the performance of certain func tions. The Government of each State and of its important local areas is controlled through political parties organised on a National basis.

Superficially, all the forty-eight State Governments appear to be more or less alike, and appear to be doing the same things. The con stant shifting of population has prevented the development of sharp differences in governmental organization. Not only this, but from one State to another there has been a great deal of copying of political and legal institutions. However, each State is distinguished from its fellow States, not only in size and population, but also in location, climatic conditions and resources and these differences reflect themselves in the political and governmental organization of the States.

The State

Constitutions now in force in the forty-eight States vary a great deal in length and in content. Some were adopted in an earlier period, and some bear recent dates. The Constitution of Connecticut, adopted in 1818, together with sub sequent Amendments, requires only about sixteen printed pages ; the Louisiana Constitution of 1921 requires ninety pages. The present Constitutions of Oklahoma, California and a number of other States are highly detailed. Massachusetts still boasts that it is governed by the Constitution of 178o; but this Constitution has been altered in form by so many Amendments that it would hardly be recognized by its original framers. By Amendment or by the adoption of new

Constitutions, the States have steadily readjusted their institutions to meet changing needs. The National Constitution has proved a model for much of the development in the field of State constitutional his tory, particularly with reference to the establishment of three co-ordinate departments of Government.

In most of the States the State Constitutions organize three depart ments of government in some detail. They contain elaborate declara tions or bills of rights, and most of them contain provisions regarding the organization of local government. Limitations upon the power of State legislatures have multiplied. Moreover, the framers of Con stitutions are inclined to include in these documents regulations of any matters of great public interest at the time. The State Constitu tion has in this way come to contain many matters of temporary detail, and such detail requires frequent amendment.

The State Constitutions provide for methods of change. The methods employed are three: (i ) constitutional conventions; (2) legislative proposal of amendments; (3) proposal by popular initiative petition. All but twelve of the State Constitutions expressly provide for con stitutional conventions: in all of these twelve it is recognized as proper to employ conventions for constitutional change. Ordinarily conventions assemble as a result of popular vote, and submit their recommendations for popular approval.

Proposals of constitutional amendment may be made by the legis latures in forty-seven States. In New Hampshire changes may be made only by constitutional convention. Methods of amendment through legislative proposal vary in the forty-seven States, but in all except Delaware, a legislative proposal of amendment must be sub mitted to and approved by popular vote before it becomes effective. Details of the amending process vary. In some States, as California, Louisiana, New York, the adoption of amendments through legislative proposal is easy ; in others, as Illinois and Minnesota, the constitution is substantially impossible to amend.

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