Elements of Civil Government / A Text-Book for Use in Public Schools, High Schools and Normal Schools and a Manual of Reference for Teachers

by Alexander L. Peterman

LEGISLATIVE DEPARTMENT.

The legislative or law-making power of the State is vested in the legislature, sometimes called the general assembly, and in some States known as the general court, or legislative assembly. The legislature is composed of two bodies, or houses, called respectively the Senate and the House of Representatives. In New York the latter body is known as the Assembly, in New Jersey it is called the General Assembly and in some States the House of Delegates. A bill must be passed by both branches of the legislature in order to become a law. The proceedings of the legislature should be made public, and therefore the sessions are open, and the constitution requires each house to keep and publish a daily record, called the Journal.

QUALIFICATIONS.--The State constitution prescribes the age, the length of residence, and other legal qualifications for membership in each branch of the legislature. The constitutions of most States fix a longer term of office and require a more mature age for senators than for representatives. In addition to these legal qualifications a legislator should be a man of unswerving honesty, of broad information, of close thought, well versed in the principles of government, acquainted with the needs of the country, and faithful to the interests of the whole people.

PRIVILEGES.--Each branch of the legislature consists of members elected by the people. Senators and representatives are responsible for their official acts to the people, and to the people alone. Except for treason, felony, and breach of the peace, members of the legislature are privileged from arrest while attending the sessions of their respective houses, and while going thereto and returning therefrom. For any speech or debate in either house, a member thereof can not be questioned in any other place.

Each house adopts rules for its own government. Each house also elects its own officers, except that in most States the people elect a lieutenant-governor, who is also president of the Senate. These various privileges are granted in the State constitution in order that the actions of the legislature may be free from all outside influences.

POWER.--The constitution of the State defines the limits of the power vested in the legislative department. The legislature may enact any law not forbidden by the Constitution of the State or of the United States. Every act passed is binding upon the people unless it is declared by the courts to be unconstitutional. An act of the legislature, when declared to be unconstitutional, thereby becomes void; that is, it ceases to have any legal force.

SESSIONS.--The legislature meets at the State Capitol. In a few States the legislature holds annual sessions, but in far the greater number it meets biennially; that is, once every two years. In many States the constitution limits the session to a certain number of days, but in a few of these States the legislature may extend its session by a special vote of two-thirds of each house. A majority constitutes a quorum for business, but a smaller number may meet and adjourn from day to day in order that the organization may not be lost.

FUNCTIONS.--The legislature enacts laws upon a great variety of subjects. It fixes the rate of State taxation, it provides for the collection and distribution of State revenue, creates offices and fixes salaries, provides for a system of popular education, and makes laws relating to public works, the administration of justice, the conduct of elections, the management of railways and other corporations, the maintenance of charitable and other institutions, the construction and repair of public roads, the organization of the militia, the conduct of prisons and reformatories, and a number of other public interests.

FORBIDDEN POWERS.--The Constitution of the United States forbids any State to exercise certain powers:

(1) No State can enter into any treaty, alliance, confederation, contract, or agreement with any other State, or with a foreign power; issue commissions to vessels authorizing them to capture and destroy the merchant ships of other nations; coin money; issue paper money; make any thing but gold and silver coin a legal tender for the payment of debts; pass any bill inflicting the penalty of death without a regular trial, or any law fixing a penalty for acts done before its adoption, or any law affecting the provisions of contracts made before its passage; or grant any title of nobility.

(2) No State can, without the consent of Congress, lay a tax or duty on imports or exports, except what is necessary in executing its inspection laws. The net proceeds of all duties laid by any State for this purpose must be paid into the treasury of the United States; and all such laws are subject to the revision and control of Congress. Without the consent of Congress, no State can tax ships, keep troops or ships of war in time of peace, or engage in war unless invaded or in imminent danger.

(3) "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws."

(4) "[No] State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for loss or emancipation of any slave."

THE SENATE.--The Senate is a less numerous body than the House of Representatives. The presiding officer is addressed as "Mr. President" or "Mr. Speaker," the title varying in different States. There is also a chief clerk, with assistants, who keeps the records; a sergeant-at-arms, who preserves order on the floor; a doorkeeper, who has charge of the senate chamber and its entrances, and a number of subordinate officers.

The Senate has two functions not belonging to the House of Representatives: 1. When the governor nominates persons for appointment as officers of the State, unless the Senate advises and consents to the nominations, the appointments are void; 2. When the House of Representatives presents articles of impeachment against an officer of the State, the Senate sits as a court to try the charges.

HOUSE OF REPRESENTATIVES.--The House of Representatives is often called the popular branch of the legislature. It is sometimes designated as the "House." The title of the presiding officer is "Mr. Speaker." The other officers usually have the same titles and duties as those of the Senate.

In many States bills raising revenue, and in some States bills making appropriations, must originate in the House of Representatives. This body also has the sole power of impeachment. Usually when charges affecting the official conduct of an officer of the State are brought before the legislature, the House of Representatives appoints a committee to investigate the charges and report. If the report warrants further action, the House adopts charges of official misconduct, or of high crimes and misdemeanors in office. This proceeding is called an impeachment.

The Senate sits as a court of impeachment, hears the evidence, listens to the argument by the managers and the counsel for the accused, and then condemns or acquits. The judgment in cases of impeachment is removal from office and disqualification to hold any office of honor, trust, or profit under the State.

DIRECT LEGISLATION.--In order to give fuller and quicker effect to the will of the people in law making, recent provisions in the constitutions of some States provide for the initiative and referendum. By the initiative a certain number of voters may petition for the enactment of a law set forth in the petition. If the legislature does not pass the act petitioned for, it may be enacted by the people, voting on it in a general or special election--the referendum. On petition of a certain number of voters also, a referendum may be ordered as to a bill passed by the legislature, to which the petitioners object, giving the people the opportunity to ratify or reject the proposed law.

These methods of direct legislation have been applied also to the making of constitutional amendments, and to some city, as well as some state governments.