595. MEMBERSHIP.—The state constitution determines the qualifications of those who are entitled to vote for state legislators. [Footnote: For an enumeration of these qualifications, see Chapter XXXIII, Section 415.] Generally, anyone qualified to vote for a state legislator is also eligible to membership. However, holders of both Federal and state offices are excluded from sitting in the state legislature.
In some states the term of a senator is the same as that of a representative, but generally senators are elected for a longer term than are members to the lower house. Representatives are generally chosen for two years, senators for four.
In all states, members of the legislature are paid, either a fixed annual salary or a per diem allowance based upon the length of the legislative session. In most states senators and representatives receive equal compensation.
All state legislators are privileged from arrest or civil process during the session. In addition they enjoy the usual privilege of free speech in their official capacities.
596. ORGANIZATION.—Formerly state legislatures met annually, but at present the great majority convene only once in two years. In the effort to cut down the amount of superfluous legislation, a number of state constitutions now restrict the legislative session to from forty to ninety days. The legislature may adjourn itself to meet later in special session, or the Governor may call special sessions. The Governor may adjourn the legislature, if the two houses fail to agree upon a time for adjournment.
In internal organization, the state legislature resembles Congress. Except that the lieutenant governor is often the presiding officer of the senate, each house chooses all of its own officers. Each house determines its own rules of procedure and keeps a journal of its proceedings. In addition, each house exercises the right of deciding upon the qualifications of its members, and disciplines and punishes its members for misconduct. As in the national legislature, work is expedited by the committee system. The party is a dominant force in the state as well as in the national legislature.
597. POWERS OF THE STATE LEGISLATURE—The law-making powers of the state legislature extend to practically all subjects. The presumption is that this body has a right to legislate upon any subject, unless specific prohibitions have been imposed upon it by either the Federal or the state constitution.
The Federal Constitution forbids any state legislature to emit bills of credit, coin money, or pass laws impairing the obligation of contracts. Neither bills of attainder nor ex post facto legislation may be enacted by a state legislature. The Federal Constitution likewise declares that state legislatures may neither abridge the privileges and immunities of citizens of the United States, nor deprive persons of life, liberty, or property without due process of law. No state may deny to any person within the state jurisdiction the equal protection of the laws.
Restrictions imposed by the state constitution fall into several groups. These include restrictions in favor of trial by jury, religious freedom, and other privileges usually embodied in a bill of rights; provisions controlling the grant of special favors to corporations; restrictions upon the financial powers of the state legislature; provisions defining the framework of state government; and prohibitions upon the power of the legislature to pass special and local laws. [Footnote: A special or local law is one which applies to some particular individual or corporation, or to some particular city, county, or other locality. Prohibitions upon special and local laws are necessary in order to prevent the legislature from extending special favors to particular individuals or localities. ]
598. HOW A STATE LAW IS MADE.—Bills may originate in either house of the state legislature, except that in most states money bills must originate in the lower chamber.