The American Union
An in-depth exploration of the constitutional framework, historical evolution, and dynamic relationships that define the fifty constituent entities of the United States.
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What is a U.S. State?
A Constituent Political Entity
In the United States, a state is defined as a constituent political entity, of which there are 50. These entities are bound together in a political union, with each state exercising governmental jurisdiction over a distinct geographic territory. A fundamental characteristic is the shared sovereignty between each state and the federal government.[3]
Dual Citizenship and Mobility
Due to this shared sovereignty, individuals in the United States hold dual citizenship: they are citizens of the federal republic and also of the specific state in which they reside.[3] This dual status is flexible, allowing for free movement between states without requiring governmental approval, except in specific legal circumstances such as parole restrictions or child custody arrangements.[3]
Key Demographic & Geographic Data
The 50 U.S. states exhibit significant diversity in size and population:
Historical Context
From Colonies to States
The genesis of the U.S. states traces back to July 1776, during the American Revolutionary War. The thirteen original states emerged as the successors to the British Colonies, following their agreement to the Lee Resolution and the signing of the United States Declaration of Independence.[8][9] Each of these newly independent states subsequently ratified the Articles of Confederation between 1777 and 1781, forming the first Union of states under the initial U.S. constitution.[10][11]
Early State Constitutions
During this formative period, the states independently crafted their own individual state constitutions, which stand among the earliest written constitutions globally.[12] While varying in specific details, these foundational documents consistently embraced republican principles, established a separation of powers across three governmental branches, largely featured bicameral legislatures, and included explicit statements or bills of rights.[13]
The Federal Constitution and Federalism
Between 1787 and 1790, each state ratified the new federal framework of government embodied in the Constitution of the United States.[14] This pivotal document further elaborated the concepts of federalism, defining the intricate balance of power between the states and the newly strengthened federal government.[15]
State Governance
State Constitutions
Each state's government operates under its own written constitution, which are often far more detailed and extensive than the federal Constitution. For instance, the Alabama Constitution, prior to its 2022 revision, contained over 310,000 words, more than 40 times the length of the U.S. Constitution.[19] Despite variations, all state governments adhere to a three-branch structure: executive, legislative, and judicial, a practice that has become standard though not explicitly mandated by the federal constitution.[4][19]
Four statesโVirginia, Pennsylvania, Massachusetts, and Kentuckyโformally designate themselves as "Commonwealths" rather than "states" in their constitutions. This term, signifying a state where supreme power rests with the people, was historically used in Virginia during the English Interregnum and reintroduced in 1776.[20][21]
Executive Branch
The chief executive in each state is the governor, who functions as both head of state and head of government. Governors are chosen through statewide direct elections and possess the authority to approve or veto legislation passed by the state legislature. In 44 states, governors also wield line-item veto power, allowing them to reject specific parts of appropriation bills.[22]
Legislative Branch
State legislatures are primarily responsible for enacting state laws and allocating funds for public policy implementation.[22] If a governor vetoes a bill, most legislatures can override it with a two-thirds vote in each chamber.[22]
Judicial Branch
State judicial systems, while varying in structure, must uphold the federal constitutional right to procedural due process for their citizens. Most states feature a trial-level court (e.g., district, superior, or circuit court), a first-level appellate court, and a state supreme court. Oklahoma and Texas notably maintain separate highest courts for criminal appeals. New York State uniquely names its trial court the Supreme Court, with appeals progressing to its Appellate Division and then to the New York Court of Appeals.[28]
Unitarism and Local Government
All U.S. states are unitary states, meaning local governments within them are created by and derive their authority from state law. These local entities are subject to the central authority of their respective states. While state governments commonly delegate some authority and policy implementation to local units, the prevailing legal theory, known as Dillon's Rule, asserts state preeminence over local governments.[29]
Interstate Relations
Equal Footing Doctrine
Since 1789, every state admitted to the Union by Congress has joined on an "equal footing" with the original states, ensuring parity in all respects.[32] The Supreme Court affirmed this principle in *Lessee of Pollard v. Hagan* (1845), emphasizing that the Constitution mandates equal admission for new states.[33]
Constitutional Mandates
Article IV of the U.S. Constitution governs interstate relationships:
- Full Faith and Credit Clause: Requires states to recognize the legislative acts and judicial proceedings of other states, generally including most contracts and criminal judgments.[35] While some legal arrangements like professional licensure may be state-specific, recognition often occurs through the practice of comity.[36]
- Extradition Clause: Mandates that a state must extradite individuals who have fled charges of "treason, felony, or other crimes" in another state upon demand.[35]
- Privileges and Immunities Clause: Prohibits states from discriminating against citizens of other states regarding their basic rights.[36]
Interstate Compacts
With congressional consent, states can enter into interstate compactsโagreements between two or more states. These compacts are frequently utilized to cooperatively manage shared resources, such as transportation infrastructure or water rights, fostering regional cooperation and problem-solving.[34]
Federal Relations
Federal Law and the States
The Supremacy Clause (Article VI, Clause 2) unequivocally establishes the U.S. Constitution, federal laws enacted pursuant to it, and treaties made under its authority as the supreme law of the land.[38] This means state courts are bound by federal law, and in instances of conflict, federal law prevails. Even state constitutions are subordinate to federal law.[39]
States' Rights and the 10th Amendment
States' rights are primarily understood through the lens of the Tenth Amendment, which reserves to the states, or to the people, all governmental powers not delegated to the federal government by the Constitution, nor prohibited to the states.[17] This amendment underscores the principle that states possess unenumerated police powerโthe inherent right to enact laws for the general welfare of their populaceโa power not explicitly granted to the federal government.[18]
Evolution of Federal Power
Historically, the interpretation of the Commerce Clause (Article I, Section 8) has significantly expanded federal power. Supreme Court decisions, particularly since the early 20th century (e.g., *U.S. v. Darby* (1941) and *Wickard v. Filburn* (1942)), have broadened federal authority to regulate activities that, while seemingly local, impact the national economy.[40][41][42] This expansion has allowed Congress to legislate on matters like employment conditions and even social reforms such as the Civil Rights Act of 1964. More recently, the Court has attempted to limit this expansive interpretation in cases like *U.S. v. Lopez* (1995) and *U.S. v. Morrison* (2000).[43]
Taxing and Spending Power
Congress's taxing and spending power (Article I, Section 8) also influences state policy. Federal aid for highways, for example, has been used to pressure states into adopting certain laws, such as the nationwide legal drinking age of 21, upheld by the Supreme Court in *South Dakota v. Dole* (1987) as a permissible use of the Spending Clause.[44][45]
Representation and Elections
Each state is represented in the U.S. Congress by two senators and at least one representative in the House, with the number of representatives apportioned by population based on the decennial census.[46] State laws govern most aspects of elections, including primaries, voter eligibility (beyond constitutional basics), and the administration of the Electoral College, which indirectly elects the President and Vice President.[48][51] States also play a crucial role in amending the Constitution, requiring a two-thirds vote in Congress or a convention called by two-thirds of state legislatures for proposal, and ratification by three-quarters of state legislatures or state conventions.[52][53]
International Relations
U.S. states do not possess international legal sovereignty in the Westphalian sense, meaning they are not recognized as sovereign states by other nations; the federal government is solely responsible for international relations.[54] However, state and local government leaders frequently engage in international travel and foster economic and cultural relationships with other countries.
Admission to the Union
The Congressional Authority
Article IV of the Constitution grants Congress the exclusive authority to admit new states into the Union. Since the nation's founding in 1776, the number of states has grown from the original 13 to 50, with each new state admitted on an "equal footing" with its predecessors.[33] The Constitution also prohibits the creation of new states from parts of existing states without the explicit consent of both the affected state legislatures and Congress, a provision designed to protect the territorial integrity of existing states.[32]
From Territory to Statehood
Most states admitted after the original 13 were formed from organized territories established and governed by Congress, following a process outlined by the Northwest Ordinance (1787). This typically involves an "enabling act" from Congress, authorizing the territory's populace to draft a state constitution and elect state officers. Upon congressional acceptance of the constitution and fulfillment of any stipulations, the territory is admitted as a state.[55]
Unique Paths to Statehood
Six states, in addition to the original 13, did not follow the standard path of being an organized federal territory before admission:
- California (1850): Formed from land ceded by Mexico.
- Kentucky (1792): Separated from Virginia.
- Maine (1820): Separated from Massachusetts.
- Texas (1845): Previously the independent Republic of Texas.
- Vermont (1791): Formerly the Vermont Republic, also known as the New Hampshire Grants.
- West Virginia (1863): Formed from Trans-Allegheny region counties of Virginia during the Civil War.
Congress is not obligated to grant statehood, even when a population desires it, as seen with the proposed states of Deseret (1849) and Sequoyah (1905).[63] Statehood has also been delayed by disputes, such as Michigan's boundary conflict with Ohio (1835-1837) and Kansas Territory's violent conflicts over slavery (1854-1861).[64][65]
Proposed Additions
Guam
Guam, an organized, unincorporated territory in the western Pacific Ocean, has seen significant discussion regarding its future political status.[66] Public opinion polls consistently indicate a strong preference among its residents for becoming a U.S. state.[68]
Puerto Rico
Puerto Rico, an unincorporated U.S. territory, refers to itself as a "Commonwealth" in English and "Estado Libre Asociado" (Associated Free State) in Spanish. Its residents lack full representation in Congress, having only a non-voting Resident Commissioner in the House.[70]
Washington, D.C.
The District of Columbia was established as a neutral federal capital, intentionally not part of any state. Consequently, its residents lack Senate representation and have only a non-voting delegate in the House. Prior to 1961, D.C. citizens could not vote in presidential elections until the 23rd Amendment was ratified.[78]
Secession from the Union
Constitutional Ambiguity
The U.S. Constitution refers to a "union" multiple times but does not explicitly address whether a state can unilaterally secede. The Articles of Confederation, the Constitution's predecessor, declared the union of the United States to be "perpetual." The question of states' right to secession was a deeply contentious issue throughout early American history, culminating in the American Civil War.[6]
The Civil War and its Aftermath
In 1860 and 1861, eleven southern states declared their secession and formed the Confederate States of America (CSA). Following the Union victory in 1865, these states were reintegrated during the Reconstruction era. The federal government consistently refused to recognize the sovereignty of the CSA or the legal validity of the ordinances of secession.[6][80]
*Texas v. White* (1869)
Post-Civil War, the Supreme Court definitively addressed secession in *Texas v. White* (1869). The Court ruled that states do not possess the right to secede unilaterally and that any act of secession is legally void. Citing the "perpetual" union language of the Articles of Confederation and the Constitution's Preamble, which aims to "form a more perfect union" by "We the people," the Court concluded that the Constitution does not permit unilateral state withdrawal. The decision acknowledged that such changes could occur "through revolution, or through consent of the States," but firmly rejected a unilateral right to secession.[6][80]
State Name Origins
Diverse Linguistic Roots
The names of the 50 U.S. states reflect a rich tapestry of linguistic influences. A significant portion, twenty-four state names, originate from various Native American languages. These include eight from Algonquian languages, seven from Siouan languages, three from Iroquoian languages, one from Uto-Aztecan languages, and five from other indigenous tongues. Hawaii's name is uniquely derived from the Polynesian Hawaiian language.
European Contributions
Twenty-two state names have European origins. Seven of these are from Latin, often Latinized forms of English names, while the remainder stem from English, Spanish, and French. Notably, eleven states are eponyms, named after individuals, with seven honoring royalty and one named after a U.S. President. The precise origins of six state names remain unknown or disputed. Interestingly, several states whose names derive from Native American ethnonyms retain the final "s" from the indigenous name.
Geography & Borders
Border Formation
The boundaries of the original 13 states were largely defined by colonial charters, with their western limits later adjusted as they ceded land to the federal government. For states admitted subsequently, Congress often established territorial and new state lines, frequently following natural geographic features like rivers or mountain ranges, or influenced by settlement and transportation patterns. In the western U.S., more arbitrary lines of latitude and longitude became common due to sparser settlement. Historical national borders with territories formerly controlled by other powers (British North America, New France, New Spain, Russian America) also became institutionalized as state boundaries.
Boundary Adjustments
Most state borders have remained remarkably stable. Only Missouri (Platte Purchase) and Nevada experienced significant growth after statehood. Several original states ceded land to the federal government, forming territories like the Northwest, Southwest, and Mississippi Territories. Maryland and Virginia ceded land for the District of Columbia in 1791 (Virginia's portion was returned in 1847), and Texas ceded a large area in 1850. Massachusetts and Virginia also lost land to form new states. Minor adjustments have occurred due to improved surveys, resolution of ambiguities, or administrative convenience. Congress or the Supreme Court occasionally resolve border disputes, such as New Jersey winning most of Ellis Island from New York in 1998.[81] Once a territory becomes a state, its consent is required for any changes to its jurisdiction.[82]
Regional Groupings
States are often grouped into regions, with numerous variations. The U.S. Census Bureau defines four statistical regions (Northeast, Midwest, South, and West) with nine divisions, a classification widely used for data collection and analysis and the most common system.[83][84] Other multi-state regions are informal, based on shared geography or cultural affinities rather than strict state lines.
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References
References
- Oakes, James Freedom National: The Destruction of Slavery in the United States, 1861รขยย1865, W.W. Norton, 2012, pgs. 296รขยย97
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