In the United States Constitution it is expressly declared that “the powers not granted to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” It would require considerable space to enumerate the duties of State governments. With the exception of the few acts which the constitution forbids them to perform, most of which they would not care to perform if allowed, and the few general powers coming within the province of the Federal Government, the States can do whatever their legislatures sanction. They can go to the extremes of State socialism. All States have a complete judicial system. They regulate all legal relations of their citizens, the laws of husband and wife, principal and agent, and of contract. They provide for the detection and punishment of crime. They control and mainly support the militia of the county. Railroad, banking, insurance, and other corporations, are chartered and controlled by them. The construction and maintenance of roads, the care of the public health, the inspection of factories, the determination of the right of suffrage, and the control of its own elections are among the exclusive powers of State governments. Our extensive system of public schools are under the dual management of the State and local governments, and under the superintendence of State officers. The State takes care of the defective classes, of the insane, paupers, etc.; and, in general, performs all those ordinary duties concerning internal affairs which are exercised by central governments.
Each State government has—
1. A Constitution.
2. A Legislature of two Houses.
3. An executive, composed
of a Governor, Lieutenant-Governor (in
almost all cases), Secretary
of State, Auditor, and a few other
officers.
4. A system of local government in counties, towns, cities, etc.
5. A body of State laws.
6. A judicial system
of courts, from which no appeal can be had to
United States courts, except
upon Federal questions.
7. A system of local taxation.
Each State government has
all the rights usually pertaining to a
sovereign State, except—Those
powers which the Federal
Constitution expressly forbids
to the States.
3. Those powers which
have in the Constitution been exclusively
given to the United States.
All States have public debts, which they may, and sometimes do, repudiate. They can be sued only by other States. The Eleventh Amendment declared that a citizen could not maintain a suit against a State. State laws are binding only within the boundaries of the State enacting them.