Understanding State Government Structure and Powers

Posted on Nov 4, 2024 in Law & Jurisprudence

State Government: A Comprehensive Overview

Defining “State”

The term “state” has multiple meanings:

  • Geographically: A territorial division within a nation.
  • Politically: A government within a national state, exercising public power.
  • Legally: A component of a federation, as defined by the constitution.

Origins of the Federation’s States

Two theories explain the origin of the federation’s states:

  1. Legal Creation: Law creates the state (Edmund O’Gorman).
  2. Historical Process: Rooted in Spanish territorial administration (Nettie Lee Benson).

In 1786, New Spain was divided for administrative purposes.

The Constitution and State Government

The Constitution is the fundamental law of the Mexican state. Articles 39 and 40 establish the republican, representative, democratic, and federal nature of the Mexican government, based on popular sovereignty.

Two Levels of Government

The Constitution establishes two levels of government: federal and state.

  • Article 115: States adopt a republican, representative, and popular form of government, based on territorial division and the free municipality.
  • Article 124: Powers not expressly granted to the federation are reserved for the states.

Powers of the States

Jorge Carpizo’s work on the 1917 Constitution clarifies the distribution of powers between the federation and the states.

  • Article 73: Specifies powers granted to the federation.
  • Articles 117 and 118: Outline absolute prohibitions for states (e.g., treaties with other states, coining money).
Examples of State Powers
  • Managing funds (Art. 108)
  • Governors’ term limits (Art. 115)
Concurrent Powers

Powers shared by both federal and state governments:

  • Education (Art. 3)
  • Penal system (Art. 18)
  • Worker protection (Art. 28)
  • Human settlements (Art. 73)
Powers for Help

States support the federal government in certain areas:

  • Religious matters (Art. 130)

Federal Government and Constitutional Guarantees

The Constitution also outlines the structure and powers of the federal government (Art. 29).

  • The President, Secretaries of State, and Attorney General
  • Suspension of constitutional guarantees under specific circumstances (invasion, disturbance of peace)
  • Limitations on suspension (limited time, general application)

Federal Intervention in State Affairs

  • Agreement, approval, concession, or granting of extraordinary powers
  • Protection from invasion or internal disorder (Art. 122)
  • Senate’s power to appoint a provisional governor (Art. 76)
  • Regulatory law of December 29, 1978, addressing situations where states lose constitutional powers
  • Senate’s role in resolving political disputes between state powers (Art. 76)
  • Supreme Court’s jurisdiction over disputes between states and the federation (Art. 105)
  • Legal remedy of amparo (Art. 103)

Internal Government of States

Article 41: People exercise sovereignty through the powers of the union, in accordance with the federal pact.

Principles of Internal Government

  • Popular sovereignty, legitimacy derived from the constitution
  • Republican, representative, and popular form (Art. 115)
  • Territorial division and free municipality

Legal Framework

  • Federal and state constitutions
  • Organic laws of the executive, legislative, and judicial branches
  • State election law
  • Organic law of the free municipality

Separation of Powers in State Governments

State governments, like the federal government, divide power into three branches:

  • Legislative: Local congresses (unicameral)
  • Executive: Governor
  • Judicial: State court system

The Legislative Power (Local Congresses)

Composition and Election
  • Deputies elected by popular vote (relative majority and proportional representation)
  • Equal duties and powers for all members
  • Terms and sessions vary by state
Permanent Commission

Operates during congressional recess.

Determining Number of Members
  1. Fixed number specified in the constitution
  2. Based on population
Qualifications for Members
  • Mexican citizenship by birth
  • 25 years old
  • State residency requirements
  • Restrictions on governors, secretaries, ministers, and military personnel
Non-reappointment Principle

Applies to legislative representatives.

Leadership and Committees
  • President, vice president, and secretaries
  • Installer committee (installs new legislature)
  • Electoral college (validates elections)
  • Standing committees (permanent, specialized areas)
Administrative Units
  • Accounting finance (reviews public accounts)
  • Administrative office (handles administrative needs)

Local Congressional Powers

  • Enacting, interpreting, amending, and repealing laws
  • Establishing the governor’s budget proposal
  • Setting taxes and assessments
  • Resolving municipal boundary issues