CHAPTER XVI

The Purposes and Organization of State Governments

"A State can do whatever it sees fit to do unless it is restrained [limited] by some express prohibition in the Constitution of the United States or of the State."

-Oliver Wendell Holmes, Jr.

The constitutions of the first thirteen States were older than the Constitution of the United States. We remember that the people did not want to delegate too much authority to the National Government. The people feared that the National Government might become strong and try to use the authority of the States. Thus the Constitution does. not take from the States very many rights that the State constitutions claimed for them.

The Constitution of the United States guarantees to each State a republican form of government. It commands the States not to pass laws that go against the Constitution, laws, and treaties of the United States. Many of the things that the States cannot do are listed in Article I, section 9, of the Constitution. We have studied some of them.

WHAT WE FIND IN STATE CONSTITUTIONS

The Constitution of the United States is different from the State constitutions. The former lists the authority of the National Government. That was one of the important matters that the Fathers of the Constitution always had before them. But State constitutions do not list the powers of the State governments.

A State constitution generally does two things. First, it divides the powers of government among the different branches. Second, it limits the use of the powers of State government. The government of each State is determined

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by and set out in its constitution. The constitution tells each branch what authority it has and how it can be used. The constitution was accepted by the people of the State. It can be changed only by the people in the way set out in the State constitution.

A State constitution generally contains a statement of the purposes of the State government. It lists the rights of the people living in the State. It tells how the State government is to be organized to do its work. It sets out rules for the local governments of the State. It may list the different kinds of property that shall not be taxed. It always tells how amendments may be added to it.

Each of the State constitutions declares that the final authority in the State belongs to the people. Each tells how the State government groups shall work with other groups. And each State constitution gives the basic principles that the people of the State must follow in organizing their government.

A STATE HELPS TO GUARD THE HEALTH OF ITS PEOPLE

One of the most important services of the State government is to help protect the health of the people. There are many officers who do this work. The State laws generally declare that doctors and nurses, and persons who make and sell medicines must have licenses. The State gives them a license only after satisfactory examinations have been passed.

The State officers examine many different kinds of foods and drugs. Most States have laws limiting the sale of drugs and certain foods. The States try to prevent diseases among their people. They keep up hospitals for those who are sick in body or mind. The State officers examine the school children and protect their health.

A STATE EDUCATES ITS PEOPLE

The State governments do many things to help their people get a good education. They provide State schools where all or part of the expenses are paid out of tax money.

The public schools help to prepare the people for the American way of life. The States want this job done well. They often pass laws to require children to attend school because education is necessary in a democracy.

The State officials decide what subjects shall be studied in the schools. They say what books shall be used. The State often gives public money to poor communities for school purposes. Many of the States have special schools in which teachers, housewives, farmers, and wage earners may study and prepare for their work. You will want to study the school system of your State and learn about the different schools.

A STATE PROTECTS THE LIVES AND PROPERTY OF ITS PEOPLE

The local governments have special officers who try to prevent crime and punish persons who break the laws. The State also has a militia that may be called upon to aid the local officers. The governor can send the militia to any part of the State when he thinks that the local officials are not able to enforce the laws. Also, some of the States have organized a State police force to help keep order in the State.

The States protect their people by controlling certain kinds of businesses. Special officers inspect mines, factories, and other places where people must work. Other officers control the gas, water, and other companies that serve the people. They fix the charges for the services. Still other officers control the banks that are organized under State laws.

The authority of the State to pass laws to protect the lives and property of its people is called the "police power." This means the power of the State to protect the lives, health, and property of the people. It is the power to provide for their safety, comfort, and convenience. The States, for example, use their police power when they control the sale of hard drinks. They use this power when they limit the hours of labor of women and children in factories.

SOME STATES HAVE SPECIAL PROBLEMS

For many years the people of this country have wasted the natural riches. Trees have been cut or burned withou any thought of the future. The soil has washed away Wild birds that protect crops have been killed. The oil coal, gas, and other natural riches have been used largely as we please. But the States are taking steps to educate their people to care for the natural riches and to correct the problems.

Most of the roads are under the control of the different local governments. But they are used by all of the people. The State, therefore, helps to pay the cost of building and repairing the local roads. The State governments work with the National Government in planning, building, and paying for the most important roads.

SOME WAYS IN WHICH GOVERNMENT ORGANIZATIONS ARE LIKE ONE ANOTHER

Our forty-eight States are very different from one another in many ways. Some States are small while others are large. Only a few people live in some States while large numbers live in others. But all of the States have governments that are like one another in the way they are organized.

Our governments have three general branches. There is a legislative branch, which makes the laws. There is an executive branch, which enforces the laws. And there is a judicial branch, which explains and applies the laws when they come up in cases before the courts. This plan is used in the organization of our National, State, and city governments.

THE LAWMAKING BRANCH OF STATE GOVERNMENT

The lawmaking branch of State government is made up of two separate groups in every State except Nebraska. One group, or house, is called the senate. The other is called the house of representatives. In most States, the house of representatives is much larger than the senate.

The members of the house of representatives are usually elected from counties. The members of the senate are elected from districts that contain one or more counties. The term of office of each may be different in the different States.

You will want to examine the constitution of your own State. Try to learn the way in which members of the lawmaking body are elected. What is their term of office? What qualifications must they have? Your teacher will help you with this work.

In the forty-seven States that have legislatures divided into two houses, laws are made in the same general way. Any member of either house can bring forward a bill that he wishes to have passed and made law. This bill is sent to a committee.

After the committee has studied the bill, it may decide to do nothing and put an end to the bill. If the committee favors the bill, it reports back to the house and suggests that the bill be passed. The members have a chance to talk for or against the bill. Then a vote is taken. If a majority of those voting favor the bill, it is passed. The bill goes to the other house where the same steps are taken.

After the bill has passed both houses, it is sent to the governor of the State. If he signs it, the bill becomes a law. The governor may veto the bill. Then it does not become a law unless the two houses again pass it by the necessary majority over the governor's veto.

THE EXECUTIVE BRANCH OF OUR STATE GOVERNMENT

The executive branch of the State government includes the governor and other executive officers. The governor is elected by the people of the State. His term of office, qualifications, and powers are fixed by the State constitution.

The governor advises the legislature as to changes which should be made in the laws. He may call special meetings of the legislature. He has power to appoint officers. His