Federal and State Governments Compared

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As this table suggests, there are many ways in which the single federal and the fifty state governments are similar: the general principle of the tripartite structure reflecting the three functions of government, as well as some of the internal organization of each of the branches are examples. The Governor in each state is the counterpart of the President at the federal level, the Governor is seconded by a Lieutenant Governor whose task may be quite similar to that of the Vice-President and a Cabinet whose members are the heads of various executive departments. Similarly, the state legislatures (with the exception of that of Nebraska, which is unicameral) are bicameral in structure, typically with an upper house, most often called the Senate, and a lower house, often called the Assembly, which have their opposite numbers in the Senate and House of Representatives of the US.

However, there are many ways in which the institutions of the two major levels differ. For example, in many states, but not all, the people have a more direct voice in government than is the case at the federal level.

• Executive: whereas the President and Vice-President are elected together by the Electoral College, and the President then appoints the members of his cabinet, many Governors are elected separately from their Lieutenant Governors, and may thus be institutionally linked with a person with whom they do not agree politically. Similarly, many state Constitutions provide that the Governor's cabinet should be elected by the people rather than being appointed. These provisions, while they unquestionably make for a far greater degree of direct public participation in government than is the case in the federal government, have the potential to create internal dissensions and disagreements that certainly do not make government more efficient.*
• Judicial: while at the federal level, judges (and Justices of the Supreme Court) are appointed for life (or good behavior), [and are thus at least theoretically immune from day-to-day political pressure and influence], state, county and city judges are often elected, usually for long terms (e.g., ten years), and are thus subject to removal from office by the electorate, albeit at infrequent intervals.
• Dissatisfied electorate: The President of the US and the members of the federal judiciary can be removed from office by impeachment, in which Congress, composed of elected representatives of the people, formally tries the official in question, and reaches a decision. This is also the case in some states, but many states have adopted a recall procedure, which involves an election by the people at large, rather than by elected legislators.
• Legislative [nature of political decision-making]: At the federal level, only elected officials and appointed judges participate directly in political decisions. In many states, the referendum and initiative provide mechanisms for the people at large to make decisions, without the intervention of elected legislative bodies.

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* While county court judges are elected by the voters of the county, the courts try cases that arise under state law, i.e., the county courts exercise a delegated authority. [back to text].

* One of the arguments that is sometimes heard in praise of the system of checks and balances in the federal government is that they protect personal rights by impeding the efficiency of government. Garry Wills effectively debunks this argument in his A Necessary Evil: A History of American Distrust of Government [1999]. It might be added that the actions of the current administration (September, 2006) and its allies in Congress demonstrate beyond question the insufficiency of the Constitution to protect the people if government officials do not wish to respect it. [back to text]