Commonwealth (U.S. state)

Last updated

The four U.S. states (highlighted in green) that are designated Commonwealths: Kentucky, Massachusetts, Pennsylvania, and Virginia Commonwealth US States.svg
The four U.S. states (highlighted in green) that are designated Commonwealths: Kentucky, Massachusetts, Pennsylvania, and Virginia

Commonwealth is a term used by four of the 50 states of the United States in their full official state names: Kentucky, [1] Massachusetts, [2] Pennsylvania, [3] and Virginia. [4] "Commonwealth" is a traditional English term used to describe a political community as having been founded for the common good, and shares some similarities with the Latin phrase " res publica " ('the public thing') from which ultimately is derived the word republic. [5]

Contents

The four states are all in the Eastern United States, and prior to the formation of the United States in 1776 were British colonial possessions, although Kentucky did not exist as an independent polity under British rule, instead being a part of colonial Virginia. As such, they share a strong influence of English common law in some of their laws and institutions. [6] [7] However, the "commonwealth" appellation has no legal or political significance, and it does not make "commonwealth" states any different from other U.S. states.

Definition

The term commonwealth does not describe or provide for any specific political status or legal relationship when used by a state. [8] Those that do use it are equal to those that do not. A traditional English term for a political community founded for the common good, it is used symbolically to emphasize that these states have a "government based on the common consent of the people" [9] as opposed to the British crown. It refers to the common "wealth", or welfare, of the public [10] and is derived from a loose translation of the Latin term res publica . [lower-alpha 1] Premodern English used the alternative term "commonwealth" in such sense in place of the now singularly standard term "republic".

Criminal charges in these four states are brought in the name of the Commonwealth. [lower-alpha 2]

Besides the four aforementioned states, other states have also on occasion used the term "commonwealth" to refer to themselves:

Two U.S. territories are also designated as commonwealths: Puerto Rico and the Northern Mariana Islands. When used in connection with areas under U.S. sovereignty that are not states, the term broadly describes an area that is self-governing under a constitution of its own adoption and whose right of self-government will not be unilaterally withdrawn by the United States Congress. [8]

Commonwealths

Kentucky

On September 28, 1786, the residents of Kentucky County began petitioning the Virginia legislature for permission to become a "free and independent state, to be known by the name of the Commonwealth of Kentucky". [13] On June 1, 1792, Kentucky County officially became a state. Like Virginia, the official title of the elected local prosecutor in each of Kentucky's political subdivisions is the Commonwealth's Attorney, as opposed to State's Attorney in other states or the more standard District Attorney. Kentucky is the only state outside of the original Thirteen Colonies that uses commonwealth in its name.

Massachusetts

Massachusetts is officially named The Commonwealth of Massachusetts by its constitution. The name State of Massachusetts Bay was used in all acts and resolves up to 1780 and in the first draft of the constitution. The current name can be traced to the second draft of the state constitution, which was written by John Adams and ratified in 1780. [14]

In Massachusetts, the term State is occasionally used in an official manner, usually in a compound structure rather than as a standalone noun. This is evident in the names of the Massachusetts State Police, the Massachusetts State House, and the Bridgewater State Hospital.

Pennsylvania

The Seal of Pennsylvania does not use the term, but legal processes are in the name of the Commonwealth, and it is a traditional official designation used in referring to the state. In 1776, Pennsylvania's first state constitution referred to it as both Commonwealth and State, a pattern of usage that was perpetuated in the constitutions of 1790, 1838, 1874, and 1968. [15] [lower-alpha 3] One of Pennsylvania's two intermediate appellate courts is called the Commonwealth Court.

Virginia

The name Commonwealth of Virginia dates back to its independence from the Kingdom of Great Britain. Virginia's first constitution (adopted on June 29, 1776) directed that "Commissions and Grants shall run, In the Name of the commonwealth of Virginia, and bear test by the Governor with the Seal of the Commonwealth annexed." The Secretary of the Commonwealth still issues commissions in this manner.

Among other references, the constitution furthermore dictated that criminal indictments were to conclude "against the peace and dignity of the Commonwealth". Additionally, the official title of the elected local prosecutor in each of Virginia's political subdivisions is the Commonwealth's Attorney, as opposed to State's Attorney in other states or the more standard District Attorney.

In Virginia, the term state is sometimes used in an official manner, usually in a compound structure rather than as a standalone noun. This is evident in the names of the Virginia State Corporation Commission, the Virginia State Police, and the Virginia Polytechnic Institute and State University. The state university in Richmond is known as Virginia Commonwealth University; there is also a Virginia State University, located in Ettrick.

See also

Notes

  1. cf. the 17th-century Commonwealth of England.
  2. In California, Colorado, Illinois, Michigan, and New York, criminal charges are brought in the name of the People. In all the other states, they are brought in the name of the State. Regardless of state, federal criminal charges are always brought in the name of the United States of America.
  3. A detailed history describing the origins of Pennsylvania's government, including its designation as a commonwealth from colonial times, is available from the Secretary of the Commonwealth's office. [16]

Related Research Articles

A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase, it comes from the old meaning of "wealth", which is "well-being", and is itself a loose translation of the Latin res publica. The term literally meant "common well-being". In the 17th century, the definition of "commonwealth" expanded from its original sense of "public welfare" or "commonweal" to mean "a state in which the supreme power is vested in the people; a republic or democratic state".

In the United States, a state supreme court is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.

<span class="mw-page-title-main">District attorney</span> US state prosecutor of criminal offenses

In the United States, a district attorney (DA), county attorney, county prosecutor, state's attorney, prosecuting attorney, commonwealth's attorney, state attorney or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact and scope of the office varies by state. Generally, the prosecutor represents the people of the jurisdiction. With the exception of three states, district attorneys are elected, unlike similar roles in other common law jurisdictions.

<span class="mw-page-title-main">Pennsylvania Constitution of 1776</span> First constitution of Pennsylvania, US

The Pennsylvania Constitution of 1776 was the state's first constitution following its declaration of independence and has been described as the most democratic in America. It was drafted by Robert Whitehill, Timothy Matlack, Dr. Thomas Young, George Bryan, James Cannon, and Benjamin Franklin. Pennsylvania's innovative and highly democratic government structure, featuring a unicameral legislature and collective executive, may have influenced the later French Republic's formation under the French Constitution of 1793. The constitution also included a declaration of rights that coincided with the Virginia Declaration of Rights of 1776.

<span class="mw-page-title-main">Prosecutor</span> Legal profession

A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.

In the United States, state law refers to the law of each separate U.S. state.

In the United States, each state has its own written constitution.

A people is any plurality of persons considered as a whole. Used in politics and law, the term "a people" refers to the collective or community of an ethnic group or nation. The term "the people" refers to the public or common mass of people of a polity. As such it is a concept of human rights law, international law as well as constitutional law, particularly used for claims of popular sovereignty.

In the United States, a governor serves as the chief executive and commander-in-chief in each of the fifty states and in the five permanently inhabited territories, functioning as head of state and head of government therein. As such, governors are responsible for implementing state laws and overseeing the operation of the state executive branch. As state leaders, governors advance and pursue new and revised policies and programs using a variety of tools, among them executive orders, executive budgets, and legislative proposals and vetoes. Governors carry out their management and leadership responsibilities and objectives with the support and assistance of department and agency heads, many of whom they are empowered to appoint. A majority of governors have the authority to appoint state court judges as well, in most cases from a list of names submitted by a nominations committee.

<i>United States Reports</i>, volume 1

This is a list of cases reported in volume 1 of United States Reports, decided by various Pennsylvania courts from 1754 to 1789.

<span class="mw-page-title-main">United States Reports, volume 4</span>

This is a list of cases reported in volume 4 U.S. of United States Reports, decided by the Supreme Court of the United States in 1799 and 1800. Case reports from other tribunals also appear in 4 U.S..

<span class="mw-page-title-main">History of slavery in Massachusetts</span>

Slavery was practiced in Massachusetts bay by Native Americans before European settlement, and continued until its abolition in the 1700s. Although slavery in the United States is typically associated with the Caribbean and the Antebellum American South, enslaved people existed to a lesser extent in New England: historians estimate that between 1755 and 1764, the Massachusetts enslaved population was approximately 2.2 percent of the total population; the slave population was generally concentrated in the industrial and coastal towns. Unlike in the American South, enslaved people in Massachusetts had legal rights, including the ability to file legal suits in court.

Commonwealth is an English term meaning a political community.

In the United States, state governments are institutional units exercising functions of government at a level below that of the federal government. Each U.S. state's government holds legislative, executive, and judicial authority over a defined geographic territory. The United States comprises 50 states: 9 of the Thirteen Colonies that were already part of the United States at the time the Constitution took effect in 1789, 4 that ratified the Constitution after its commencement, plus 37 that have been admitted since by Congress as authorized under Article IV, Section 3 of the Constitution.

<span class="mw-page-title-main">Secession in the United States</span> A state leaving the Union

In the context of the United States, secession primarily refers to the voluntary withdrawal of one or more states from the Union that constitutes the United States; but may loosely refer to leaving a state or territory to form a separate territory or new state, or to the severing of an area from a city or county within a state. Advocates for secession are called disunionists by their contemporaries in various historical documents.

<span class="mw-page-title-main">U.S. state</span> Constituent polity of the United States

In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders.

<span class="mw-page-title-main">Secretary of State of Kentucky</span> Constitutional officer of the U.S. state of Kentucky

The secretary of state of Kentucky is one of the constitutional officers of the U.S. state of Kentucky. It is now an elected office, but was an appointed office prior to 1891. The current secretary of state is Republican Michael Adams, who was elected on November 5, 2019; he took office on January 6, 2020.

<span class="mw-page-title-main">Outline of Kentucky</span> Overview of and topical guide to Kentucky

The following outline is provided as an overview of and topical guide to the United States Commonwealth of Kentucky:

In the United States, each state and territory has constitutional officers who lead the state governments of the United States. These officers may be elected or appointed, depending on the position. The number and powers of state constitutional officers varies from state to state, based on the constitution and statutes of each state. State constitutional officers may reside in the executive or legislative branch, while state constitutions also establish the judicial system of the state, including state supreme courts.

References

  1. "Constitution of the Commonwealth of Kentucky". apps.legislature.ky.gov. Legislative Research Commission . Retrieved August 12, 2020.
  2. "Constitution of the Commonwealth of Massachusetts". Preamble of the Constitution of the Commonwealth of Massachusetts. Massachusetts General Court . Retrieved October 27, 2016.
  3. "Constitution of the Commonwealth of Pennsylvania". Pennsylvania General Assembly . Retrieved August 12, 2020.
  4. The Hornbook of Virginia History, 4th ed., page 88.
  5. "Definition of Commonwealth". Merriam-Webster . Retrieved August 12, 2020.
  6. Paul Reinsch. English Common Law in the Early American colonies. Ph.D. thesis. Un. of Wisconsin. 1898.
  7. William E. Nelson. The Common Law in Colonial America. Vol. I. Oxford University Press. 2008.
  8. 1 2 "7 fam 1120 Acquisition of U.S. Nationality in U.S. Territories and Possessions". U.S. Department of State Foreign Affairs Manual Volume 7- Consular Affairs. U.S. Department of State. January 3, 2013. Archived from the original (PDF) on December 22, 2015. Retrieved December 13, 2015.
  9. See "Commonwealth", The Columbia Encyclopedia, Sixth Edition, 2001–07.
  10. The American Heritage Dictionary of the English Language, Fourth Edition, 2000.
  11. "Constitution of the State of Vermont". The Vermont Statutes Online. Vermont General Assembly. December 14, 2010 [July 9, 1793]. Chapter II, §§ 1, 8, and 71. Archived from the original on August 18, 2023.
  12. Constitution of Delaware (1776)  . Art. 23. via Wikisource.
  13. Warren, Joseph Parker (October 1905). "The Confederation and the Shays Rebellion". The American Historical Review. 11 (1): 42–67. doi: 10.2307/1832364 . JSTOR   1832364 .
  14. "Massachusetts Facts - Part One: Concise Facts - State Symbols". Massachusetts Citizen Information Service. Archived from the original on July 27, 2004.
  15. "Pennsylvania History - Symbols". PHMC. Archived from the original on April 3, 2006.
  16. "History of DOS" (PDF). Retrieved January 4, 2012.