The Three Branches of U.S. State Government

Every U.S. state government mirrors the federal tripartite structure:

1. Legislative Branch

Function: Makes state laws
Structure: Bicameral (49 states) — Nebraska is unicameral

  • Lower house: House of Representatives / Assembly / House of Delegates (2–4 yr terms)
  • Upper house: Senate (4 yr terms, often staggered)
  • Size: Varies (NH House: 400; CA Senate: 40)
  • Powers: Pass bills, approve budget, confirm appointments, override veto, impeach

2. Executive Branch

Head: Governor (elected, 4 yr terms; VT/NH: 2 yr)

  • Powers: Execute laws, veto bills, appoint officials/judges, command National Guard, pardon, propose budget, emergency powers
  • Other elected: Lt. Gov, Attorney General, Secretary of State, Treasurer, Auditor, Superintendent (varies)
  • Agencies: Departments (Health, Transportation, Corrections, Education, etc.)

3. Judicial Branch

Function: Interprets state laws/constitution

  • Structure: Supreme Court (court of last resort) → Intermediate appellate (most states) → Trial courts (Superior, Circuit, District)
  • Selection: Gubernatorial appointment, merit selection (Missouri Plan), partisan/nonpartisan election, legislative election
  • Jurisdiction: State law cases (contracts, torts, family, probate, criminal, administrative appeals)

Checks & Balances

  • Governor veto ↔ Legislative override (usually 2/3)
  • Judicial review of laws/executive actions
  • Legislature confirms appointments, controls budget, impeaches
  • Governor appoints judges (often)

Key Difference from Federal

States have plenary police powers (health, safety, morals, education) — broad authority not granted to federal government.

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