Studies in Civics Part 11

Bicameral.--The legislature of every state consists of two chambers or houses. The _reason_ for this is that during colonial times most of the legislatures consisted of two houses, the governor's council and the representative a.s.sembly. Then on becoming states, each of the "old thirteen," except Pennsylvania, organized bicameral legislatures. And the new states, being largely settled by people from the older states, naturally followed their example. The structure of congress has also had much influence.

The _advantages_ to be derived from having two houses are numerous.

Perhaps the only one which it is necessary to mention here is that it tends to prevent hasty legislation, because under this arrangement a bill must be considered at least twice before pa.s.sage.

Apportionment.--As the population of a state is changeful, the const.i.tution does not usually specify the number of members to compose each house. This is determined, within certain limitations imposed in the const.i.tution, by the legislature itself. A re-apportionment is usually made every five years, after a census by the state or general government.

The number of senators usually ranges between thirty and fifty; that of representatives from seventy-five to one hundred and fifty.

Meeting.--The legislature meets biennially in most of the states. People are beginning to understand that they may suffer from an excess of legislation. Some of the English kings used to try to run the government without parliament, and frequent sessions of parliament were then demanded as a protection to popular rights. Hence our forefathers instinctively favored frequent sessions of the legislature. But such necessity no longer exists, and for many reasons the states have with a few exceptions changed from annual to biennial sessions. [Footnote: Extra sessions may be called by the governor. Mississippi has its regular sessions for general legislation once in four years, and special sessions midway between.]

Election.--Senators and representatives are both elected by the people. In some cases the states are divided into senatorial and representative districts in such a way that each elects one senator and one representative, the senate districts being of course the larger. In other cases, the state is divided into senate districts only, and each senate district chooses one senator and an a.s.signed number of representatives.

The former plan prevails in Wisconsin, for instance, and the latter in Minnesota. The number of representatives chosen in a senatorial district varies from one to half a dozen, dependent upon population. Illinois has a peculiar, and it would seem an excellent, plan. The state is divided on the basis of population into fifty-one parts as nearly equal as possible.

Each of these districts elects one senator and three representatives. In voting for representatives, a person may ma.s.s his three votes on one candidate, or give them to two or three. The purpose is to enable a party in the minority to secure some representation.

Term.--The length of term of legislators usually depends upon the frequency of sessions. The general principle seems to be that representatives shall serve through one session and senators through two.

How long, then, would you expect the respective terms to be in states having annual sessions? In states having biennial sessions? By reference to the comparative legislative table on page 293 confirm or reverse your judgment.

Vacancy.--In case of a vacancy in either house the governor orders a new election in the district affected by the vacancy.

Individual House Powers.--Each house has certain powers conferred by the const.i.tution having for their object the preservation of the purity and independence of the legislature. Among these are the following:

1. _Each house is the judge of the election, returns, and qualification of its own members._ Each person elected to either house receives from the canva.s.sing board of the district through its clerk a certificate of election, which he presents when he goes to take his seat. Should two persons claim the same seat, the house to which admission is claimed determines between the contestants. The contest may be based, among other things, upon fraud in the election, a mistake in the returns, or alleged lack of legal qualification on the part of the person holding the certificate. Into any or all of these matters the house interested, _and it only_, may probe, and upon the question of admission it may pa.s.s final judgment.

2. _Each house makes its own rules of procedure._ These, usually called rules of parliamentary practice, you can find in the legislative manual.

Upon their importance as related to civil liberty, consult Lieber's Civil Liberty and Self-Government.

The power to preserve order applies not only to members but to spectators also. Disorderly spectators may be removed by the sergeant-at-arms. On the order of the presiding officer such persons may be placed in confinement during the remainder of the daily session.

Unruly members are as a general thing simply called to order. For persistent disorder they may be reprimanded or fined. [Footnote: See Among the Lawmakers, pp. 230-3.] But in extreme cases they may be expelled. To prevent a partizan majority from trumping up charges and expelling members of the opposite party, it is a common const.i.tutional provision that the concurrence of two-thirds of all the members elected shall be necessary for expulsion.

3. _Each house chooses its own officers_. Each house has a presiding officer, several secretaries or clerks, a sergeant-at-arms, a postmaster, and a chaplain. The sergeant-at-arms usually has a number of a.s.sistants appointed by himself, and there are a number of pages appointed by the presiding officer. These, however, hardly count as officers. The only exception to the rule enunciated is in those states having a lieutenant governor, who is _ex officio_ president of the senate. Even in that case, the senate elects in case of a vacancy, the person so elected being chosen from among their own number and receiving usually the t.i.tle of president _pro tempore_.

Quorum.--It would hardly be possible for all members to be present every day, therefore a number less than the whole should have authority to act.

But this number should not be very small. The several const.i.tutions fix the quorum for each house, usually at a majority of the members elected to it. But a smaller number has power of adjournment from day to day, so that the organization may not be lost; and it may compel the attendance of absent members, by sending the sergeant-at-arms after them.

Publicity.--On the theory that legislators are servants of the people, we would naturally expect the proceedings to be made public. And so they are.

Publicity is secured in the following ways:

1. In accordance with the const.i.tutional provision, each house keeps a journal of its proceedings which it publishes from time to time, usually every day.

2. Spectators are admitted to witness the daily sessions.

3. Newspaper reporters are admitted, and are furnished facilities for making full and accurate reports.

Privileges of Members.--In order that their const.i.tuents may not, for frivolous or sinister reasons, be deprived of their services in the legislature, the members of each house are _privileged from arrest_ "during the session of their respective houses, and in going to and returning from the same." Nor can civil suit be brought against them during that time. But they may be arrested for treason, (defined in the const.i.tution), felony, or breach of the peace, because if guilty they are unworthy of a seat in the legislature.

And in order that there may be the utmost _freedom of speech_ in the legislature, that any member who knows of wrong being done may feel perfectly free to say so, the const.i.tution of each state provides that "for any speech or debate in either house, they shall not be questioned in any other place."

Compensation.--Members of the legislature receive for their services a salary, which is sometimes specified in the const.i.tution, but which is usually fixed by law. In the latter case no increase voted can be in effect until a new legislative term begins. This proviso is, of course, designed to remove the temptation to increase the salary for selfish ends.

In some countries no salary is paid to legislators, the theory being that with the temptation of salary removed only persons of public spirit will accept election. Our argument is that unless some remuneration be given, many persons of public spirit and possessed of capacity for public service would be barred from accepting seats in the legislature. In other words, the state wants the services of her best citizens, and does not wish lack of wealth on the part of any competent person to stand in the way. On the other hand, that there may be no temptation to continue the sessions for the purpose of drawing the pay, the const.i.tution provides, where a _per diem_ salary is paid, that members shall not receive more than a certain sum for any regular session, or a certain other sum for any extra session.

Prohibitions on Members.--To secure for his legislative duties the undivided attention of each member, the const.i.tution provides that "no senator or representative shall, during the time for which he is elected, hold any office under the United States or the State." In some states, as in Minnesota, the office of postmaster is excepted. And in order that legislators may be freed from the temptation to create offices for themselves or to increase the emoluments of any office for their own benefit, it provides that "no senator or representative shall hold any office under the state which has been created or the emoluments of which have been increased during the session of the legislature of which he was a member, until one year after the expiration of his term of office in the legislature."

Eligibility.--To be eligible to the legislature a person must be a qualified voter of the state, and a resident thereof for, usually, one or two years; and shall have resided for some time, usually six months or a year, immediately preceding election, in the district from which he is chosen. This last provision is made to preclude people who have not been living in the district, and who therefore cannot know it or be interested particularly in its welfare, from representing it in the legislature.

Sole Powers.--The mode of making laws is discussed in another place.

[Footnote: See "How Laws Are Made," page 344.] In making laws the houses have concurrent jurisdiction--they both take part. But there are some parts which belong to each house separately, besides the election of officers before mentioned. The house of representatives has in all states the sole power of impeachment, [Footnote: For mode of proceeding see page 331.] and in some states of originating bills for raising revenue. This latter power is given to it because being elected for a short term it is more directly under the control of the people than is the senate.

The power to impeach is vested in the representatives because for the reason stated, they seem more immediately in fact as well as in name to represent the people, who it will be remembered are always the complainant in criminal cases. And the senate has the sole power of trying impeachments. [Footnote: When the governor is being tried, the lieutenant governor cannot act as a member of the court.] The length of term frees the members from the fear of immediate punishment in case of an unpopular verdict. And if they are right time will show it. Historically, this division of power in cases of impeachment is derived from colonial practice and from the const.i.tution of the United States.

The senate has also the sole power of confirming or rejecting the appointments of the governor.

Forbidden Laws.--In addition to the laws forbidden in that part of the const.i.tution called the bill of rights, the legislature is usually forbidden to pa.s.s laws authorizing any lottery; or granting divorces; or giving state aid to private corporations; or involving the state in debt, except in case of war or other emergency.

_Pertinent Questions._

Define const.i.tution. What is a law? What is meant by common law? Statute law? Equity?

By reference to the comparative legislative table in the appendix, tell the most common name applied to the legislative body; any peculiar names; the names most commonly applied to the respective houses; the usual qualifications of members; the frequency of regular sessions, and the month of meeting most usual. Why is this time of year so uniformly chosen?

What relation do you see between the frequency of sessions and the term of members? What is the relation between the terms of the respective houses?

How does the number of senators compare with the number in the lower house? What state has the largest house? The smallest? Why is the term _senate_ so common? Look up the derivation of the word. In what section of the country are the terms the shortest? Can you account for this? Which states require the highest qualifications in members?

Find out whether in your state there are any requirements not given in the tabulation. By reference to the legislative manual or other source of information find out any other facts of interest, such as the names of the speaker and other legislative officers; the number of your senatorial district, and the name of your senator; of your representative district, and the name of your representative; what committees are appointed in each house, and on which your local representatives are, and how they came to be selected for these particular committees; how vacancies are filled in the legislature; any contested elections that have occurred in your state and the basis of the contest; some of the important rules of parliamentary practice; the salary paid members in your state; any cases of impeachment, the charge, and the outcome; other forbidden laws.

If two persons claim the same seat in the senate, who will decide between them? In the lower house? What are the returns, and where are they kept?

What appeal from decision is there? If your legislature is now in session, write to your representatives asking them to send you regular reports of the proceedings. Don't expect to get such reports for the whole session, however; that would be asking too much. From the newspapers, report on Monday the princ.i.p.al proceedings of the previous week. Have you ever seen a legislature in session? What is to keep a member of the legislature from slandering people?

State five powers which can be exercised only by the senate. Five, in some states four, which can be exercised only by the lower house.

Are you eligible to the legislature? If not, what legal qualifications do you lack? Could a member of the legislature be elected governor or United States senator?

At the last election did you preserve any of the tickets? Could you secure any of the ballots that were actually used in voting? Why?

CHAPTER XIII.

THE EXECUTIVE BRANCH.

Officers.--The chief executive office in every state is that of governor.

There is in each a secretary of state and a state treasurer. Most states have also a lieutenant governor, a state auditor or comptroller, an attorney general, and a state superintendent of public instruction. In nearly every case these offices are created by the state const.i.tution.

Eligibility.--The qualifications required in the governor and lieutenant governor are age, citizenship of the United States, and residence within the State. The age qualification is required because the responsibilities are so great as to demand the maturity of judgment that comes only with years. The requirement of citizenship and that of residence are so obviously proper as to need no comment.

For the other offices the qualifications required in most states are simply those required in a voter. [Footnote: For which see page 298.]