Community Civics and Rural Life Part 62

Qualifications for membership and term of office in each house.

Names of your own representative and senator.

Secure a map showing legislative districts of your state. Locate your own.

Whether representation in your legislature is proportional to population.

The "gerrymander": what is it, and has it been used in your state?

The legislature controls our lives at almost every turn.

It has control over the whole domain of civil law; [Footnote 2: See below, p. 437.] that is, it lays down the rules governing contracts, real and personal property, inheritance, corporations, mortgages, marriage and divorce, and other civil matters. It defines crime; that is, it prescribes those actions of the citizen which are to be punished by fine or imprisonment or death. It touches the property of the citizen not only by regulating its use, but also by imposing upon it a burden of taxation. Finally, it has control over the vast domain known as the police power, under which it makes regulations concerning public health, morals, and welfare, devises rules for the conduct of business and professions, and in other ways restrains the liberty of the citizen to do as he pleases. [Footnote 3: C.A. Beard, America Government and Politics,, p. 516.]

ATt.i.tUDE OF THE PEOPLE TOWARD THEIR LEGISLATURES

In view of this importance, it would seem that the people would have the keenest interest in their state legislatures and the greatest respect for them. This has not always been the case. As one writer says, "it has become almost fashionable" to speak slightingly of legislatures and their members, and to talk of them as if they were wholly corrupt and dishonorable. If the very best men the community affords are not always chosen for the difficult and responsible work of lawmaking, the people have no one to blame but themselves. Moreover, the members of our legislatures average up very much like their neighbors, and most of them are sincerely desirous of serving their state and do so to the fullest extent possible under the conditions that exist.

It is indeed time that a different att.i.tude should be a.s.sumed toward these bodies. ... Acquaintance with actual legislatures will immediately reveal the fact that they are fairly representative of the American people, and that there is in them, a great deal of honest effort to grapple with the difficult problems of legislation. ... Before all, there ought to be a sustained effort to support the men who are with honest purpose struggling for equitable and effective legislation. ...[Footnote: Paul S. Reinsch, American Legislatures and Legislative Methods, p.

126.]

DIFFICULTIES OF WISE LEGISLATION

Most of the unwise and harmful legislation has been due, not to wrong intentions on the part of legislators, but to the difficulty encountered by a body of men of average intelligence and of little experience in dealing with public questions, in getting information necessary to enable them to decide wisely with respect to the mult.i.tude of complicated problems that come before them during the brief session of the legislature.

In the lower house of one typical legislature only 19 out of the 252 members had ever been members of a legislature before, 123 were farmers, 6 lawyers, 10 physicians, 48 merchants and manufacturers, 3 bankers, 5 preachers, 6 insurance men, 2 hotel proprietors, 3 liverymen, 14 laborers or artisans, 6 "apparently with no occupation except that of general politician and office- seeker."

Of the thirty members of the senate of the same legislature, 9 were farmers, 4 lawyers, 4 physicians, and 13 merchants. Seven of these had completed their education in "academies," while 13 had never got beyond the public schools.

These men had to decide, in the course of a few weeks, upon an astonishing variety of problems, some of them of the greatest complexity, and all of them affecting the lives of the citizens of the state in a mult.i.tude of ways. It is not surprising that serious mistakes are sometimes made. [Footnote: C. A. Beard, American Government and Politics, p. 525 (from S. P. Orth, "Our State Legislatures," Atlantic Monthly, vol. xciv, pp. 728 ff.)]

The mere writing of a bill in language that will convey the exact meaning intended, and that will not involve undesirable and unexpected results, is a difficult matter that requires the skill of men trained for it.

LEGISLATIVE REFERENCE BUREAUS

In a number of states an attempt has been made to meet these natural difficulties by the establishment of legislative reference libraries, or bureaus, in charge of highly trained students who collect all available information relating to every possible subject of legislation, keep records of legislation in other states, and place the material in convenient form at the disposal of the legislators. Sometimes they provide expert service in the writing of bills in the proper form. It is said that such legislative reference bureaus have already greatly improved the quality of legislation in some of the states.

It would be impossible for a legislature, acting as a body, to give consideration to more than a small fraction of the bills that come before it.

It is said that it is not unusual for more than 2500 bills to be introduced at a single session. Legislatures are in session from 40 to 90 days. If the session were 60 days, and the working day 10 hours, there would be but 15 minutes for each of 2500 bills. This time would be divided between the two houses. Besides, a great deal of business must be transacted other than the consideration and pa.s.sage of bills.

THE COMMITTEE SYSTEM OF LEGISLATION

To make possible the handling of all this work, each house is organized in standing committees. As bills are introduced, they are referred to their appropriate committees, in which most of the work of lawmaking is done. Most of the bills so referred are never reported back to the legislature at all, and those that are reported are in most cases acted upon by the legislature in accordance with the committees' reports, with little general discussion. The procedure followed in referring bills to committees and in considering them when they are reported back is determined by a complexity of rules that are confusing to the outsider and that cannot be explained in detail here. But their declared purpose is to save time and to enable the legislative business to move smoothly. The small committees can work to better advantage than the large body of men in either chamber. The work is divided up so that the few members of each committee can concentrate their attention upon a few subjects and gain experience in handling special kinds of problems.

INVISIBLE GOVERNMENT

On the other hand, it is to this organization that we owe some of the bad lawmaking for which our legislatures are blamed. It tends to remove legislation from the control of the people, and results in what is often called "invisible government," government that is carried on out of sight of the people. It opens a door to partisan influences and to control by political "bosses" and self-seeking "interests." In the lower house the committees are appointed by the speaker, who is the presiding officer, and who is always chosen by the members of the majority party in the house from their own number. The senate committees are sometimes appointed by the presiding officer of the senate, who is often the lieutenant- governor, and sometimes elected by the senate itself. But the chairmen and the majority of the members of all committees in both houses belong to the majority party, which is thus enabled to control legislation for partisan ends if it so desires, and it often does so.

EVILS OF THE SYSTEM

Bills may be "killed" in committee, or reported unfavorably, or so amended as to change their meaning entirely, merely at the will of the party leaders, or of "bosses" and interests outside of the legislature. A large part of the work of the committees is carried on in secret. Although "hearings" may be held at which citizens may present arguments for and against proposed measures, these may be mere matters of form. Influential interests may maintain a lobby at the legislature, which means that they are represented there by agents who seek to influence the members of the legislature, and especially of the committees, sometimes by corrupt methods. The lobby often works by secret methods, whereas the "hearings" are public.

The party leaders in control, of whom the most important are the speaker of the house, the rules committee, the chairmen of committees, and the "floor manager," by dictating the procedure to be followed, may at times make it practically impossible for a member of the minority party, or one who has incurred the displeasure of the leaders, to gain a hearing. The following description gives an idea of what may happen: [Footnote: From a pamphlet issued by the Illinois Legislative Voters' League in 1903, and quoted by C. A. Beard, American Government and Politics, pp 539, 540.]

Consider the petty annoyances to which a decent member outside the "organization" may be subjected, and the methods by which legitimate legislation, backed by him, may be blocked. The bill goes to an unfriendly committee. The chairman refuses to call the committee together, or when forced to call it, a quorum does not attend. ... Action may be postponed on various pretexts, or the bill may be referred to a sub-committee. The committee may kill the bill by laying it on the table. On the other hand, the committee may decide that the bill be reported to the house to pa.s.s. Then a common practice is for the chairman to pocket the bill, delaying to report it to the house till too late to pa.s.s it.

When finally reported to the house, it goes on the calendar to be read a first time in its order. Then begins the advancing of bills by unanimous consent, without waiting to reach them in order. Here is where the organization has absolute control. Unanimous consent is subject to the speaker's acuteness of hearing. His hearing is sharpened or dulled according to the good standing of the objector or of the member pushing the bill. If one not friendly to the house "organization" wants to have his bill considered over an objection, he must move to suspend the rules. The speaker may refuse to recognize him, or may put his motion and declare it carried or not carried as suits his and the organization's desires. So the pet bills are jumped over others ahead of them on the calendar, while

[Footnote: From a pamphlet issued by the Illinois Legislative Voters' League in 1903, and quoted by C. A. Beard, American Government and Politics, pp 539, 540.] the ones not having the backing of the house "organization" are retired farther and farther down until their ultimate pa.s.sage becomes hopeless. If the bill of the independent member reaches a second reading, it may be killed by striking out the enacting clause or by tacking on an obnoxious amendment that makes it repulsive to its former friends. ...

To carry out the will of the organization, the speaker declares amendments carried or the contrary by a viva voce vote.

Demands for roll-calls are ignored by him in violation of the members' const.i.tutional rights. ...

EFFORTS TO CURB POWER OF LEGISLATURES

It is such practices as these that have brought state legislatures into bad repute, and that have resulted in measures to curb their power. Instead of leaving it entirely to them to make their own rules of procedure, many of these rules are now prescribed by the state const.i.tutions. It was in order to restrain the legislatures that the veto power has been given to the governors of all states but one, and that sessions of legislatures have been limited to brief periods of from forty to ninety days, and then only once in two years. For the same reason state const.i.tutions have taken away powers that legislatures once commonly abused, as in running the state deeply into debt, or in legislating in the interest of particular localities or particular groups; and have provided in great detail for many things that were formerly left to the discretion of the legislatures. For the same reason some states have adopted the initiative and referendum.

Investigate and report on:

Powers possessed by either house of your legislature not possessed by the other.

Powers denied your legislature by the federal Const.i.tution.

Powers denied your legislature by your state const.i.tution.

Reasons.

Att.i.tude of the people of your community toward your legislature.

Why service in the legislature does not attract more of the most capable men of the state.

The vocations of the members of your legislature.

Number of bills introduced, and the number pa.s.sed, at the last session of your legislature.

The purpose of some of the most important laws enacted by your legislature at its last session.

Why it is difficult to write a bill correctly.

The legislative reference library, or bureau, of your state (if any).

The committees in each house of your legislature.

Procedure by which a bill becomes a law in your state.

The speaker of the House of Representatives in your state.

"Invisible government" in your state.

Laws regulating the "lobby" in your state. Frequency and length of legislative sessions in your state.

INEFFICIENT BUSINESS METHODS OF STATE GOVERNMENTS