Problems in American Democracy Part 89

7. A comparative study of state governors in the United States.

(Beard, _American Government and Politics_, page 491.)

8. The legislative power of the Governor. (Mathews, _Principles of American State Administration_, chapter iii.)

9. The veto power of the Governor. (Munro, _The Government of the United States_, pages 435-438.)

10. Some special functions of the Governor. (Mathews, _Principles of American State Administration_, chapter v.)

11. The administrative power of the Governor. (Mathews, _Principles of American State Administration_, chapter iv.)

12. Relation of the Governor to law enforcement. (Reinsch, _Readings on American State Government_, pages 26-40.)

13. The organization of the state administration. (Mathews, _Principles of American State Administration_, chapter vii.)

14. The work of the state administration. (Munro, _The Government of the United States,_ chapter x.x.xi; Kimball, _State and Munic.i.p.al Government in the United States,_ chapter ix.)

15. The selection of state officials. (Mathews, _Principles of American State Administration,_ chapter viii.)

16. The removal of state officials. (Mathews, _Principles of American State Administration, Principles of American State Administration,_ chapter ix.)

FOR CLa.s.sROOM DISCUSSION

18. Should the veto power of your state Governor be still further restricted? Should it be enlarged?

19. Should the administrative offices in your state be reorganized and consolidated?

20. Ought the merit system in your state to be extended?

21. Advantages and disadvantages of choosing administrative officials by direct vote.

CHAPTER XLVII

THE STATE LEGISLATURE

593. STRUCTURE OF THE STATE LEGISLATURE.--The representative branch of state government is known under different names in various states, but the term "state legislature" is in more or less general use.

The state legislature is invariably a two-chambered body; the upper house is the smaller and is called the senate, while the lower and more numerous branch is variously known as the house of representatives, house of delegates, or a.s.sembly.

Usually the state senate differs from the lower house in certain important particulars. The senatorial districts from which members of the upper house are elected are always larger than are the districts from which members to the lower house are chosen. Senators are usually chosen for longer terms than are representatives. As in the case of the National Senate, the senate (in most states) is made a continuous body by the provision that its members shall begin their terms at certain periodic intervals. In the lower house of the state legislature, on the other hand, all of the members take their seats at the same time.

594. BASIS OF REPRESENTATION.--For the purpose of electing members of the state legislature, practically all of the states are divided into numerous senatorial and representative election districts. Some states apply the rule that representatives in the state legislature shall be apportioned among districts containing practically an equal number of inhabitants.

Other states, however, provide exceptions to this rule. For example, Alabama, Florida, New York and other states provide that each county shall have at least one member in the house. Often the result of this arrangement is that the smaller or more spa.r.s.ely populated counties are over-represented in the state legislature, while the more populous counties are under-represented.

Several states, notably Connecticut and Vermont, arrange representation in the state legislature so that with respect to population, cities are under-represented and rural districts are over- represented. [Footnote: For a discussion of the problem of minority representation in state legislatures, see Chapter x.x.xV.]

595. MEMBERSHIP.--The state const.i.tution determines the qualifications of those who are ent.i.tled to vote for state legislators. [Footnote: For an enumeration of these qualifications, see Chapter x.x.xIII, Section 415.] Generally, anyone qualified to vote for a state legislator is also eligible to membership. However, holders of both Federal and state offices are excluded from sitting in the state legislature.

In some states the term of a senator is the same as that of a representative, but generally senators are elected for a longer term than are members to the lower house. Representatives are generally chosen for two years, senators for four.

In all states, members of the legislature are paid, either a fixed annual salary or a _per diem_ allowance based upon the length of the legislative session. In most states senators and representatives receive equal compensation.

All state legislators are privileged from arrest or civil process during the session. In addition they enjoy the usual privilege of free speech in their official capacities.

596. ORGANIZATION.--Formerly state legislatures met annually, but at present the great majority convene only once in two years. In the effort to cut down the amount of superfluous legislation, a number of state const.i.tutions now restrict the legislative session to from forty to ninety days. The legislature may adjourn itself to meet later in special session, or the Governor may call special sessions. The Governor may adjourn the legislature, if the two houses fail to agree upon a time for adjournment.

In internal organization, the state legislature resembles Congress.

Except that the lieutenant governor is often the presiding officer of the senate, each house chooses all of its own officers. Each house determines its own rules of procedure and keeps a journal of its proceedings. In addition, each house exercises the right of deciding upon the qualifications of its members, and disciplines and punishes its members for misconduct. As in the national legislature, work is expedited by the committee system. The party is a dominant force in the state as well as in the national legislature.

597. POWERS OF THE STATE LEGISLATURE--The law-making powers of the state legislature extend to practically all subjects. The presumption is that this body has a right to legislate upon any subject, unless specific prohibitions have been imposed upon it by either the Federal or the state const.i.tution.

The Federal Const.i.tution forbids any state legislature to emit bills of credit, coin money, or pa.s.s laws impairing the obligation of contracts. Neither bills of attainder nor _ex post facto_ legislation may be enacted by a state legislature. The Federal Const.i.tution likewise declares that state legislatures may neither abridge the privileges and immunities of citizens of the United States, nor deprive persons of life, liberty, or property without due process of law. No state may deny to any person within the state jurisdiction the equal protection of the laws.

Restrictions imposed by the state const.i.tution fall into several groups. These include restrictions in favor of trial by jury, religious freedom, and other privileges usually embodied in a bill of rights; provisions controlling the grant of special favors to corporations; restrictions upon the financial powers of the state legislature; provisions defining the framework of state government; and prohibitions upon the power of the legislature to pa.s.s special and local laws. [Footnote: A special or local law is one which applies to some particular individual or corporation, or to some particular city, county, or other locality. Prohibitions upon special and local laws are necessary in order to prevent the legislature from extending special favors to particular individuals or localities. ]

598. HOW A STATE LAW IS MADE.--Bills may originate in either house of the state legislature, except that in most states money bills must originate in the lower chamber.

To ill.u.s.trate law-making in the state legislature, let us a.s.sume that a bill is introduced in the lower house. This may be done by any one of several methods. Any member of the house may deposit a bill in a box near the speaker's desk. Sometimes a bill is introduced by the report of a committee, or even by a messenger from the senate. When the bill has been introduced, it is given a first reading. With the consent of the house, the speaker then refers the measure to the appropriate committee. The adverse report of the committee generally kills the bill; but if the bill is favorably reported, and this report is approved by the house, the bill is placed on the order of second reading and is debated section by section, unless by unanimous vote it is advanced to the third reading. If the bill pa.s.ses the second reading, it is generally referred to the committee on revision. It is then engrossed, reported back to the house for the third reading and the final vote. Sometimes the yeas and nays of this final vote are entered upon the journal, so that responsibility may be fixed upon each member.

The bill then goes to the senate, where the procedure is very much like that of the house, except that the committee of the whole sometimes takes the place of the order of the second reading as conducted in the house.

599. THE BILL GOES TO THE GOVERNOR.--In every state except North Carolina, a bill which has pa.s.sed both branches of the legislature must then go to the Governor for approval. If this officer signs it, it becomes law. If he disapproves of it, he returns it with his objections to the house in which it originated. In spite of this objection by the Governor the legislature may enact the measure into law, if a sufficiently large majority in each house votes in favor of the bill. This majority is usually two thirds of the members in each house.

Generally the Governor has a ten-day period in which to consider bills. If a bill is not returned to the legislature with his objections within this period, it automatically becomes law without his signature, unless the adjournment of the legislature prevents its return to that body. In most states the Governor has the important privilege of vetoing particular items in appropriation bills, while sanctioning the rest of the measure.

600. DEFECTS IN STATE LEGISLATION. [Footnote: For a fuller discussion see Chapter x.x.xVI.]--There is, among students of American government, a general agreement that the legislative procedure of the various states evidences a number of serious defects.

One of these defects is the absence of responsibility. Any member of the state legislature may introduce as many bills as he likes, but he need not a.s.sume responsibility for any of them.

Another serious evil is the lack of experience and technical skill on the part of legislators. Legislators are frequently ignorant of the subject matter with which they are called upon to deal. There is a tendency for legislators to ignore the effect of a new statute upon the existing body of law. Nor is the const.i.tutionality of the measure contemplated always taken into account. Ill-advised and pernicious legislation is the result.

Log-rolling and lobbying const.i.tute another defect of state legislation. Log-rolling leads to the pa.s.sage of numerous bills without their adequate scrutiny by individual members, and without either individual members or legislative committees a.s.suming responsibility for those measures. The pressure exerted upon state legislatures for legislation favoring special interests is still great.

601. THE REFORM OF LEGISLATIVE PROCEDURE.--A few states have attempted to overcome the lack of technical information on the part of legislators by providing for expert bill drafters. In New York, for example, the state legislature has been provided with a number of competent bill drafters whose duty it shall be, during the session of the legislature, to draw bills, examine and revise proposed bills, and advise as to the legal effect of any legislation. These bill drafters may be set to work on the request of either house, or of a committee, member, or officer thereof.

A large number of states now have a legislative reference bureau which keeps a careful record of the laws pa.s.sed in the various states of the Union. This bureau maintains a library, and issues bulletins for the guidance of legislators.

In 1909 Wisconsin created the office of reviser. This officer keeps a loose-leaf system of laws, and collects court decisions affecting statutes. At the beginning of each session this officer also presents to the committees on revision of each house of the legislature, bills providing for such consolidation and revisions as may be completed from time to time. The reviser supervises the preparation, printing, and binding of such compilations of particular portions of the statutes as may be ordered by the head of any state department.

There is an increasing tendency to curb lobbying in state legislatures. The laws of New York and Wisconsin may be taken as typical. That of New York provides that every person retained or employed for compensation as a counsel or agent by any person, firm, corporation, or a.s.sociation, to promote or oppose, directly or indirectly, the pa.s.sage of any bill or resolution, must be registered every year in the office of the secretary of state, and must give the name of the person by whom he is retained. The Wisconsin law provides that legislative agents or counsels may not attempt to influence members privately, but must confine themselves to arguing before committees and filing printed briefs with the members of the legislature.

QUESTIONS ON THE TEXT