The problem is a vast one, the adequate treatment of which would require volumes. In this chapter, therefore, it will be necessary to confine the discussion to a few of the more pressing aspects of the problem. Of these the following are perhaps the more important: First, the defects in legislative procedure; second, the reorganization of state administration; third, budget reform; and fourth, the reform of municipal government.
A. DEFECTS IN LEGISLATIVE PROCEDURE
452. AMERICAN LEGISLATURES ARE OVERWORKED.—It has frequently been pointed out that in the United States both state and National legislatures are overwhelmed with work. One reason for this is that the extension of government control over industrial corporations has rendered legislation more complex and greater in volume. The development of public interest in health, education, and related fields has 'of recent years markedly increased the amount of legislation. The custom which many legislators have of attempting to get as much special legislation for their respective districts as possible has likewise increased the number of laws upon the statute books. Lastly, it should be borne in mind that throughout our history we have tended to believe legislation a cure-all for the defects of American life. This attitude has led to an excessive number of laws on subjects which in European countries are ordinarily left to the discretion of administrative officials.
The combined effect of these developments has been to confront our legislatures with so much business that honest and efficient legislation has been rendered exceedingly difficult.
453 THE COMMITTEE SYSTEM.—The chief defects of American legislation appear in connection with the committee system which exists in both National and state legislatures. The committee system is the practice of dividing the legislative body into a large number of small groups or committees whose duty it is to consider various types of legislative business. The great merit of this device is that it expedites business. Indeed, the membership of our legislatures has become so large, and the amount of legislative business has increased so rapidly, that it is difficult to see how the committee system could be dispensed with. Without some such division of labor, chaos and endless delay would result. [Footnote: For the part played by the committee system in the actual making of a law, see Chapter XLIIL]
At the same time, the committee system has numerous faults. As Lord Bryce has pointed out, it destroys the unity of the legislature by breaking it up into a number of small groups among which there is no appreciable degree of co÷rdination. The committee system limits debate. Since most committee business is transacted in secret session, the public is deprived of light upon public affairs. So minutely does the committee system divide legislative labor that even the most important piece of legislation cannot secure the attention of the best men. There is a diffusion of responsibility when various committees work upon related problems without regard for the work being done by one another. Finally, the committee system throws power, unaccompanied by adequate responsibility, into the hands of the committee chairman.
454 LOG-ROLLING. Log-rolling is the trading of votes among individual legislators. Many of the faults of our state and National legislatures are connected with this practice. Some legislators are so intent upon securing the passage of bills in which they are personally interested that they are willing to vote for a fellow-legislator's pet bills, regardless of merit, provided that legislator will return the favor. In this way special legislation often displaces bills which are drawn in a wider interest,—taxation, education, and other vital matters being neglected so that members may pursue personal ends.
There is as yet no limit to the number of bills which may be introduced by state or National legislators. As a result there is a large number of unnecessary and hastily framed bills for which no one is definitely responsible. It is supposed to be the duty of all legislators to weed out bills which are poorly framed, or which are designed to promote special interests. But in this case everybody's business becomes nobody's business. Such machine-like formalities as repeated readings of a bill, and a series of committee reports upon it, are generally substituted for individual scrutiny of a measure.
455. LEGISLATIVE REFORM.—The reform of legislative procedure is attracting an increasing amount of attention among students of American politics. Many recent state constitutions define in detail the powers and procedure of the state legislature. A considerable number of states now have legislative reference bureaus, which enable legislators to keep track of legislation in other states, as well as to have ready access to important data bearing upon their own problems. There is a growing tendency for state legislatures to employ expert bill drafters to draw up laws on technical and highly-complex subjects. The expert bill drafter and the legislative bureau help materially to reduce the amount of defective and unwise legislation on the statute books.
Much remains to be done, however. Important public bills ought invariably to be given first consideration by legislators, instead of, as is still many times the case, being put off until the end of the session in order to allow time for log-rolling. Filibustering and other time-wasting tactics should be curbed, because they tend to obstruct legislation. Many students of government advocate the extension of a plan already adopted in Massachusetts and a few other states, whereby all bills are given a public hearing. It is also clear that some method ought to be devised whereby the work of the various committees dealing with related subjects could be correlated and harmonized. Lastly, any measures which will reduce the amount of unnecessary and ill-advised legislation must prove of great value.