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Each of the fifty states in the United States
share certain characteristics: each government is based on
a written constitution, which cannot contradict the federal
constitution; each has a republican form of government comprised
of the same three branches (executive, legislative and judicial)
as the federal government and containing a similar system
of checks and balances, and separation of powers. Within these
broad similarities, however, there can be significant differences
in governmental structures among the various states.
A governor heads the executive branch of
every state; the governor is in charge of running the government
and implementing state laws. The governor's authority includes:
developing and proposing legislation to the state legislature;
overseeing the state's national guard; calling special sessions
of the state legislature; and, pardoning persons convicted
of state crimes. The length of a term served by a governor
varies but, is usually two or four years. A state governor
oversees the state administrative agencies, including those
agencies relating to environmental protection, wildlife conservation,
or natural resource management.
State Legislatures
Every state has a legislature with two chambers, except Nebraska,
which has only one. All state legislatures serve the same
purpose: to represent the citizens of the state in making
laws concerning state issues. State legislative terms vary,
but are typically two or four years. Unlike federal laws,
state laws only apply within a state's borders.
State Judiciaries
All state judiciaries are hierarchical, like the federal system.
State systems are made up of a Supreme Court (sometimes with
a different name), usually an intermediate appellate court,
and a series of lower courts or trial courts, sometimes including
specialized courts. State judiciaries interpret state laws
and apply them in specific disputes relating to state law;
they determine whether a state crime has been committed; they
evaluate the constitutionality of state laws under the state
constitution; and they review the legality of state administrative
rules under state statutes.
Local Government
Local governments, unlike state governments or the federal
government, are not directly defined by a constitution though
many state constitutions determine the process for creating
a local government. For example, although many state constitutions
determine the process for creating a local government, in
many states, the state legislature must vote on the charter
for any local government structure. Local government structures
may vary, but they typically include counties, cities, villages,
and townships. City governments most commonly include an elected
mayor, which is the chief executive, and a city council, which
acts much like a legislature. Villages and townships are often
found in more rural areas; they may have a structure similar
to that of a city or be run by a commission. Most states are
divided into counties, usually with an elected board of county
commissioners or supervisors. There may also be other elected
county officials, including sheriffs or county executives.
In addition, many special purpose delegates carry out such
functions as education and sometimes environmental regulation.
Local governments, including cities and
counties, often have important environmental responsibilities,
such as managing solid waste, ensuring clean drinking water,
developing and enforcing land-use plans, inspecting local
restaurants and other establishments for health and safety,
and providing emergency services and planning. More generally,
local governments have the power to tax, to enact and enforce
local ordinances, and to administer the local aspects of certain
state and federal programs.
"Native"
Governments
Under the United States Constitution, Native Americans supposedly
have significant rights of self-government which stem from
their own sovereignty. Among other powers, tribal governments
have the power to tax, to pass their own laws, and to have
their own courts. Nonetheless, the general rule is that federal
laws of general applicability apply equally to Native Americans
and their property. Exceptions to this general applicability
of federal law apply where Congress intended to exempt Native
Americans, where the issues relate to the core of Native American
self-governance and self-organization, or where application
would abrogate rights guaranteed by Native American treaties.
Even in these areas, however, Congress can expressly apply
a statute to Native Americans.
Many of the federal environmental laws have
specific provisions explaining how the law applies to Native
American tribal lands. The provisions vary, but typically
grant to Native American tribal governments similar rights
and responsibilities as those granted to states.
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