CHAPTER XI

THE GOVERNMENT OF THE STATES

154. Federal and State Governments.-The Federal Government represents the nation in foreign affairs. The Federal Government speaks to the governments of other nations and receives from them whatever communication they may wish to make to it. Both the Federal and the State governments exercise legislative, executive, and judicial powers; both enact laws which affect the individual citizens directly; both enforce these laws without the intervention of any officers except those who belong to their several administrative systems; and both hear and decide cases in courts. But the Federal Government alone represents the nation in international affairs. Every sovereign nation has a central national government, and every sovereign nation has a certain form of local government which performs some of the functions of the State governments; but few nations possess district governments that have attained the same degree of individuality and importance as the State governments of the United States. The cantons of Switzerland and the subordinate states in the German Empire present the closest parallel.

In the early history of the United States it was thought that greater honor and dignity attached to offices in the State than to offices in the Federal Government. Certain conditions, such as the separate origin and strong individuality of the colonies, indicated the probability of a con

tinued growth of this sentiment. The relative importance and the individuality of the State were strengthened by the difficulty of communication between the States; but the events of the later history of the country, which have confirmed and exalted the national Government, have changed the popular estimation of the two governments. Persons seeking important places in the public service are not disposed now, as they were formerly, to resign a position under the Federal Government to take a State office. At present the highest office of the State is often considered a steppingstone to a desired Federal office. A growing national sentiment has magnified the public estimate of the Federal Government. Professor Bryce says, "The State set out as an isolated and self-sufficing commonwealth. It is now merely a part of a far grander whole, which seems to be slowly absorbing its functions and stunting its growth, as the great tree stunts the shrubs over which its spreading boughs have begun to cast their shade."

Topics.-The Federal Government and foreign affairs.Central and local government.-Relative importance of State and Federal offices.

References.-Bryce, American Commonwealth, i, 537; in general, Chaps. XXXVI-XLVI; Hart, Actual Government, see Index under State Government; Cooley, Constitutional Law, 32.

155. The State in the American Union and Its Functions. -The State in the American Union is a subordinate political body. It possesses all the essential forms of the national Government except those designed for maintaining relations with foreign powers. Its organization embraces a constitution adopted by the direct vote of the people, a governor and other executive officers, a legislature of two houses, a system of local governments in counties, cities, townships, and school districts. It may establish a system of taxation; it may contract debts; it may form a system of laws cover

ing the law of real and personal property, of contracts, of torts, and of family relations. It may adopt a code of judicial procedure; it may establish a system of courts for the trial of cases arising under State law as distinctive from the Federal Constitution and the laws enacted by Congress. It may prescribe the conditions under which a person may be admitted to active citizenship or to the enjoyment of political rights in the nation. The Federal Government does not fix the conditions which must be fulfilled by those persons who would vote for members of Congress or other elective officers. It accepts the conditions fixed by each State. Any person who is by law permitted to vote in State elections may vote in congressional or presidential elections. The only restrictions on the power of the State in this matter are those contained in the fourteenth and fifteenth amendments to the Federal Constitution. The principal purpose of these limitations was to enable the Government to carry out its determination to give the negroes, recently in slavery, the same political rights that were enjoyed by the other citizens of the several States. The extent of the State's authority over its subordinate communities is complete. This is indicated by the fact that a municipality is an organized body, and that the charter of a municipality is an act passed by a State legislature and may be repealed or modified at the will of the legislature.

The functions of a State government and of all subordinate institutions of a State are limited by the rights of the Federal Government. Thus a State cannot declare war or make peace, or form a treaty, or make an alliance, with a foreign power; or regulate interstate commerce. Cities, counties, and towns organized as corporations in a State are never intrusted and can never be intrusted with any

1 Wrongful acts on account of which civil action may be brought.

legislative power inconsistent or conflicting with the general laws of the land, or derogatory to those rights either of persons or of property which the Constitution and the general laws guarantee. They are strictly subordinate to the general laws, and are created merely to carry out the purposes of those laws with more certainty and efficiency." Recent State constitutions have, moreover, laid somewhat narrow restrictions on the actual governments, particularly on the legislatures, of the States. While it is possible for the Federal Government to deal directly with the persons and the affairs of the individual citizens, it is nevertheless the State government that concerns itself more immediately with the individual citizen's interests. It is the State, in the exercise of its police powers, that citizens rely upon for the protection of their lives, health, comfort and property.

The State creates the corporations through which the bulk of modern industrial affairs are carried on, as well as the corporations instituted for the purposes of local government. By this activity it calls into being the two most powerful influences that affect the life of modern society. But the function of the State is not limited to the creation of corporations; it may also control them. In this there are presented opportunities for wise and beneficent action on the part of the officers of the State, as well as opportunities for corruption and the display of baneful folly. The State may not only create a corporation, but it may even prescribe the manner in which the corporation shall perform its work. "In the case of railroads, they are usually constructed and maintained by private capital, but they possess public functions which render them subject to State regulation, apart from such regulations as the public safety requires. To secure safety the State may regulate the grade of the road and the manner of crossing other roads; it may prescribe the signals.

to be given at dangerous places; it may compel the road to fence in its tracks, and it may regulate the speed of trains."

But it may happen that a corporation created by a State will in the course of time extend its interests and its operations over two or more States. In this case it is evident that the regulating power of the State that created the corporation is confined within the State's limits. This has happened in the case of railroad corporations; and the inability of any State to render the control demanded by the circumstances led to the creation of the Interstate Commerce Commission as an arm of the Federal Government.

It is, moreover, to the State that the bulk of the inhabitants look for the means of education. The State maintains the public schools. The State establishes and supports institutions for the care of the feeble-minded and the insane. The national Government, wishing trained officers for the army and the navy, makes provision for their education at West Point and Annapolis. But generally the assistance of the Federal Government in the work of education has been rendered in the form of land grants to States. The State touches the individual at more points than does the Federal Government.

The administration of the affairs of the common schools, in the majority of the States, engages the services of a State executive officer-namely, the superintendent of public instruction—and subordinate superintendents of counties and cities, together with State, county, and city boards of education. These officers are put in the positions they hold by various methods of election and appointment. The system of public instruction as carried out in many of the States embraces primary, intermediate, and high schools; a State university; and State, county, and city normal schools.