# Secretary of State:  State vs. Federal

**URL:** <https://boards.straightdope.com/t/secretary-of-state-state-vs-federal/275359>\
**Category:** Factual Questions\
**Created:** [November 17, 2004, 10:45pm UTC](https://boards.straightdope.com/t/secretary-of-state-state-vs-federal/275359 "2004-11-17T22:45:33Z")\
**Posts on this page:** 8\
**Page:** 1

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**Author:** ![suranyi](https://avatars.discourse-cdn.com/v4/letter/s/e36b37/32.png) [@suranyi](https://boards.straightdope.com/u/suranyi)\
**Post date:** [November 17, 2004, 10:45pm UTC](https://boards.straightdope.com/t/secretary-of-state-state-vs-federal/275359/1 "2004-11-17T22:45:33Z")

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The discussion about Dr. Rice’s nomination reminded me of a question I’ve wondered about for a long time:

Why does the Secretary of State of the US have such a different role from the Secretary of State of a state, yet they have the same title?

The Secretary of State of the U.S. is in charge of foreign policy.

The Secretary of State of California is in charge of elections, and seems to have no other role, as far as I can tell.

How did these two completely different jobs end up with the same title?

Ed

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [November 17, 2004, 11:11pm UTC](https://boards.straightdope.com/t/secretary-of-state-state-vs-federal/275359/2 "2004-11-17T23:11:17Z")

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Actually, the US Secretary of State has, in the course of history, had more administrative type functions than we currently think of. While now we think of the SecState as purely a foreign minister, the US Secretary of State was at one time responsible for being the certifying official for constitutional amendments that had been ratified by the states, and, IIRC, had some kind of official duties over the Great Seal of the United States. (I’ll have to try to find a cite for that last thing, though.) Those types of duties help one understand that the US Secretary of States and the states’ Secretaries of State once had more similar functions than they do today.

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**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\
**Post date:** [November 17, 2004, 11:52pm UTC](https://boards.straightdope.com/t/secretary-of-state-state-vs-federal/275359/3 "2004-11-17T23:52:29Z")

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States’ Secretaries of State (heheh) are also usually responsible for things like corporate registrations, state archives, and official state misscellany.

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**Author:** ![brianmelendez](https://avatars.discourse-cdn.com/v4/letter/b/65b543/32.png) [@brianmelendez](https://boards.straightdope.com/u/brianmelendez)\
**Post date:** [November 17, 2004, 11:53pm UTC](https://boards.straightdope.com/t/secretary-of-state-state-vs-federal/275359/4 "2004-11-17T23:53:15Z")

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> [@Ravenman](#):
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> had some kind of official duties over the Great Seal of the United States. (I’ll have to try to find a cite for that last thing, though.)

Still has:

> [@](#):
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> The Secretary of State shall have the custody and charge of such seal. Except as provided by section 2902 (a) of title 5, the seal shall not be affixed to any instrument without the special warrant of the President therefor.

[4 U.S.C. § 42](http://assembler.law.cornell.edu/uscode/html/uscode04/usc_sec_04_00000042----000-.html).

Until the 20th century, the US Secretary of State was the United States’ principal recordkeeper, with custody over almost all the Federal government’s official documents and records. Those functions have largely been transferred to the Administrator of General Services.

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**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\
**Post date:** [November 17, 2004, 11:59pm UTC](https://boards.straightdope.com/t/secretary-of-state-state-vs-federal/275359/5 "2004-11-17T23:59:43Z")

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And when Jefferson first threw up his shingle as Secretary of State, he personally approved all patent applications.

You had to send your invention to him and he would take a look.

I believe this method was eventually thought to be unfeasible.

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**Author:** ![Nametag](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nametag/32/406_2.png) [@Nametag](https://boards.straightdope.com/u/Nametag)\
**Post date:** [November 18, 2004, 3:39am UTC](https://boards.straightdope.com/t/secretary-of-state-state-vs-federal/275359/6 "2004-11-18T03:39:39Z")

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Another function: the Secretay of State (more properly, his _office_) receives the resignation of the [President or Vice President](http://assembler.law.cornell.edu/uscode/html/uscode03/usc_sec_03_00000020----000-.html):

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [November 18, 2004, 4:47am UTC](https://boards.straightdope.com/t/secretary-of-state-state-vs-federal/275359/7 "2004-11-18T04:47:47Z")

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And of course the Secretary of State was originally responsible for issuing judicial commissions, which is why the bedrock case of American constitutional law is [Marbury v. Madison](http://usinfo.state.gov/usa/infousa/facts/democrac/9.htm):

> [@](#):
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> One of the first acts of the new administration was to repeal the Judiciary Act of 1800, which had created a number of new judgeships. Although President Adams had attempted to fill the vacancies prior to the end of his term, a number of commissions had not been delivered, and one of the appointees, William Marbury, sued **Secretary of State James Madison** to force him to deliver his commission as a justice of the peace.

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**Author:** ![rfgdxm](https://avatars.discourse-cdn.com/v4/letter/r/c0e974/32.png) [@rfgdxm](https://boards.straightdope.com/u/rfgdxm)\
**Post date:** [November 18, 2004, 5:08am UTC](https://boards.straightdope.com/t/secretary-of-state-state-vs-federal/275359/8 "2004-11-18T05:08:19Z")

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> [@friedo](#):
>
> States’ Secretaries of State (heheh) are also usually responsible for things like corporate registrations, state archives, and official state misscellany.

In Michigan, the Secretary of State offices are what is called the Department of Motor Vehicles in most other states.
