SUGGESTIVE QUESTIONS.
1. Name the great parties that have existed in the United States.
2. Who are the respective chairmen of the national executive committees of the two great parties?
3. Read the last national platforms of the two great parties.
4. Which do you like better, primary elections or conventions? Why?
5. Should a member of a legislative body be influenced in his vote by the decision of the caucus of his party?
CHAPTER XXI.
LEGISLATION.
Legislation, the act or process of making laws, is the most important function of government. It is the most important, because it is the first step, and the enforcement and interpretation of laws depend upon their enactment. The laws of a country should be as few in number, as simple in construction, and as uniform in their application, as will meet the needs of the people. It is a great misfortune for the laws to bear unequally upon the people; to grant special privileges to one class, or to impose special hardships upon another class.
The great variety and volume of laws made by the national and the State legislatures of the United States have led to a close study of legislation. In no other country is the process of making laws so thoroughly mastered, or parliamentary law so generally understood.
BILLS.--The process of enacting a law, from its introduction to its final approval, is an intricate and interesting study. Until its passage and final approval, a measure is called either a bill or a resolution.
Bills and resolutions are very similar, the latter usually being simpler, and beginning with the words, "Be it resolved" or simply "Resolved," while the former begin with the words, "Be it enacted." A joint resolution as well as a bill requires the concurrence of both houses of a legislative assembly to make it a law.
INTRODUCTION.--The introduction of a bill is the first presentation of it to a legislative body for action. This is usually done by asking "leave" of the body, either orally or in writing, to bring the measure before it. This leave to present is rarely if ever refused.
The rules require that after its introduction it shall be three times read aloud before its passage. These three readings do not refer to readings for information as to its provisions. The constitutions of nearly all States require that the three readings shall be on three different days; but in most of them this rule, may be suspended by a two thirds, three fourths, four fifths, or unanimous vote, the requisite majority varying in different States.
COMMITTEES.--When a bill or resolution is introduced, it is usual to refer it to a committee for a critical consideration. A committee usually consists of from three to thirteen members, of whom the first named is usually chairman, presumably selected for their knowledge of the subjects to come before them.
A standing committee lasts during the entire session. Most legislative bodies have from twenty to forty standing committees.
A special or select committee is raised for a special purpose, and is usually adjourned when its report is made.
A committee of the whole consists of all the members of a body sitting as a committee. In committees of the whole the regular presiding officer usually vacates the chair, calling some other member of the body to act as chairman. The principal part of the work of a legislative body is perfected by its committees. They discuss the merits and demerits of bills, and perfect such as, in their judgment, should pass.
REPORTS.--The committee to whom a bill has been referred critically examines it, and usually reports it to the body, either favorably or unfavorably, recommending that it should pass or should not pass. If the members of a committee are equally or nearly equally divided as to the merits of the bill, it may be reported without an expression of opinion.
When important bills are reported by a committee they are usually discussed by the members of the body. The debate on the measure usually brings out the reasons for, and those against, its passage. Many bills are several times recommitted--that is, again referred to a committee--before their passage.
In some legislative bodies, especially in the Congress of the United States, a great many bills are pigeon-holed by committees; that is, are filed away and never reported. The reports of the committees, whether favorable or unfavorable, are usually adopted by the body, and therefore have an important bearing upon legislation.
AMENDMENTS.--In most legislative bodies a bill may be amended at the pleasure of the majority, before it is read the third time. Amendments are made for the purpose of perfecting the measure. A bill may be amended by striking out some of its provisions, by striking out and inserting, or by inserting.
A bill passed by one house of a legislature maybe amended by the other house, but, if amended, must be returned with the amendment to the house in which it originated, in order that the amendment may be considered. If one house amends and the other refuses to accept, the bill is often referred to a conference committee of members of both houses. If this does not secure agreement, and both adhere to their original action, the bill fails.
PASSAGE.--When a bill passes the house in which it originated, the clerk transmits and reports it to the other house for action. The house to which it is transmitted may pass it without commitment, but usually refers it to a committee, and, when reported, may pass it or reject it, or amend it and return it with the amendment to the house in which it originated.
When passed by both houses, the bill is engrossed--that is, rewritten without blots or erasures--and transmitted to the President or governor, as the case may be, for his approval. If approved and signed, or if not returned within a fixed time, the bill becomes a law. If vetoed, it must be again considered by both bodies, and is lost unless again passed by each, and in Congress and in many States by a two thirds vote.