PDA

View Full Version : Why Do All Of The State Governments Seem To Be Built On The Federal Model?




anaconda
11-10-2010, 04:38 PM
Any state government experts out there? Was just musing on this. Why does every state have a "governor," for example? Why don't any states call their Chief Executive "Premier," or "Chancellor," or something? Etc.

Icymudpuppy
11-10-2010, 06:43 PM
With the exception of the 13 original colonies which all had a british governor, and then their own state governor, the remaining 37 states based their entire constitutional charters either on other states, or the federal constitution.

wormyguy
11-10-2010, 06:53 PM
Because the Federal constitution was based on existing state constitutions, specifically the Massachusetts constitution.

nate895
11-10-2010, 06:58 PM
With the exception of the 13 original colonies which all had a british governor, and then their own state governor, the remaining 37 states based their entire constitutional charters either on other states, or the federal constitution.

Except Nebraska, which has a non-partisan unicameral legislature.


Any state government experts out there? Was just musing on this. Why does every state have a "governor," for example? Why don't any states call their Chief Executive "Premier," or "Chancellor," or something? Etc.

The reason why none of them are called "Premier" is because that is what is used in commonwealth realm provinces. The idea of a premier, which parallels the prime minister at the national level, is that they are enforcing the will of the Crown. In order to have a premier, then there would have to be a person in the state who would be the one formally responsible for appointing a government from among the legislature, which would violate popular sovereignty and separation of powers doctrine.

The reason why there aren't any other office titles is because they have their origins either in the monarchy (Lord Chancellor) or in non-English speaking traditions.

wormyguy
11-10-2010, 07:00 PM
Well, "governor" comes from "royal governor" . . .

nate895
11-10-2010, 07:02 PM
Well, "governor" comes from "royal governor" . . .

However, the modern office doesn't come from that idea, but rather that the governor is responsible for enforcing the laws. What I'm trying to say is that it isn't inextricably linked to some monarchical system like premier and chancellor are.

Live_Free_Or_Die
11-10-2010, 07:05 PM
The federal model = individual states comprise sovereign political divisions over geographical regions that grant specific power(s) based on subject matter to a federal political subdivision.

Therefore the federal political subdivision constitution is constructed in a manner where power that has been delegated is permissible.

State constitutions are constructed in a manner where anything except that has been expressly prohibited is permissible.

The political subdivisions within states such as counties or municipalities are created by the state(s).

I do not see the comparison. The simple fact is ALL political subdivisions have been created by states. States do not derive their sovereign legal recognition from the people but from the King following the Treaty of Paris (for instance the first constitution was in New Hampshire on 1/5/76 and was not submitted to the people).

Promontorium
11-10-2010, 07:18 PM
Except Nebraska, which has a non-partisan unicameral legislature.



The reason why none of them are called "Premier" is because that is what is used in commonwealth realm provinces. The idea of a premier, which parallels the prime minister at the national level, is that they are enforcing the will of the Crown. In order to have a premier, then there would have to be a person in the state who would be the one formally responsible for appointing a government from among the legislature, which would violate popular sovereignty and separation of powers doctrine.

The reason why there aren't any other office titles is because they have their origins either in the monarchy (Lord Chancellor) or in non-English speaking traditions.

You aren't seeing the chimp through all your nit-picking.

OP is asking WHY IS EVERY STATE A MINI VERSION OF THE FEDERAL FORMAT?

States could have created a rule by 1 system. States could have used a parliamentary system. States could have merged the executive with the judicial. States could have created a super council with 10,000 people sitting as an executive body. States could have sublet their statehood and allowed for counties to act as mini-states. And so on.

Instead they are all pretty much carbon copies of the federal government. Making it 50 of the same choice, choicers.

MozoVote
11-10-2010, 09:26 PM
So? Include the Native American reservations in the question. The introduces more variety of governance.

Some states are "home rule" where local juridictions can write their own laws, which are valid unless the legislature intervenes. Others are "Dillon Rule" where the locals can only enforce what the state legislature authorized them to.

Virginia has "Indepenent Cities". These report directly to the Legislature, and the county that each is within, has no jurisdiction over them.

There actually are some semi-serious proposals in California now, to call for a state convention and create "sub states" within it.

TNforPaul45
11-11-2010, 12:16 AM
Answer: the civil war.

libertythor
11-11-2010, 12:21 AM
Alaska has boroughs instead of counties. Louisiana designates them as parishes.

Also Louisiana's legal code is more based on the Napoleonic system instead of common law.

http://www.slate.com/id/2126126/


Specific laws also reflect Louisiana's Spanish and French roots. For example, the principle of "forced heirship"—that a child is legally guaranteed a share of his parents' estate—comes from the Napoleonic Code and does not appear on the books in any of the 49 common-law states. Similarly, some laws governing commercial transactions in Louisiana come from the French system, putting them at odds with the parts of the Uniform Commercial Code used by other states.

Students at Louisiana law schools who plan to go into practice elsewhere may choose to focus on "American law" instead of the Louisiana Civil Code*. The state bar doesn't offer reciprocity with that of any other state, so there's no way to practice law in Louisiana unless you pass the Louisiana bar exam.

toowm
11-11-2010, 01:35 PM
New Hampshire has a citizen legislature of 400 members in the House, paid $100 / year. The New Hampshire Liberty Alliance just announced that 127 endorsed candidates won last week. http://www.nhliberty.org/2010/endorsements

The governor is a relatively weak role, with an elected Executive Council holding the purse strings.

We still have the right of revolution in our state Constitution.

anaconda
11-11-2010, 03:48 PM
Fascinating and intelligent posts. Thank you all so very much. This gives me a great road map for further research.