The independence of state government in the United States from a constitutional law perspective

Abstract

The independence of each entity has always been an important issue within the organisational structure and operation of the United States government, ever since its conception. However, through each period, each entity exercised their independence at different levels. The U.S. government at the state level is one of the most successful in exercising this independence based on the clear provisions provided in the Federal Constitution. Although independence in state management has many advantages and positive influences, it also leads to competition and overlaps with federal jurisdiction and operation. Hence, the article studies the independence of state government in the United States by analysing the provisions in the Federal Constitution, states’ constitutions and state governments’ organisational structure, highlighting the advantages, issues and challenges of this model.