Apportionment.—As the population of a state is changeful, the constitution does not usually specify the number of members to compose each house. This is determined, within certain limitations imposed in the constitution, 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 assigned 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 mass 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 constitution 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 canvassing 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 pass 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 constitutional provision that the concurrence of two-thirds of all the members elected shall be necessary for expulsion.