Problems in American Democracy

by Thames Williamson

To illustrate law-making in the state legislature, let us assume that a bill is introduced in the lower house. This may be done by any one of several methods. Any member of the house may deposit a bill in a box near the speaker's desk. Sometimes a bill is introduced by the report of a committee, or even by a messenger from the senate. When the bill has been introduced, it is given a first reading. With the consent of the house, the speaker then refers the measure to the appropriate committee. The adverse report of the committee generally kills the bill; but if the bill is favorably reported, and this report is approved by the house, the bill is placed on the order of second reading and is debated section by section, unless by unanimous vote it is advanced to the third reading. If the bill passes the second reading, it is generally referred to the committee on revision. It is then engrossed, reported back to the house for the third reading and the final vote. Sometimes the yeas and nays of this final vote are entered upon the journal, so that responsibility may be fixed upon each member.

The bill then goes to the senate, where the procedure is very much like that of the house, except that the committee of the whole sometimes takes the place of the order of the second reading as conducted in the house.

599. THE BILL GOES TO THE GOVERNOR.—In every state except North Carolina, a bill which has passed both branches of the legislature must then go to the Governor for approval. If this officer signs it, it becomes law. If he disapproves of it, he returns it with his objections to the house in which it originated. In spite of this objection by the Governor the legislature may enact the measure into law, if a sufficiently large majority in each house votes in favor of the bill. This majority is usually two thirds of the members in each house.

Generally the Governor has a ten-day period in which to consider bills. If a bill is not returned to the legislature with his objections within this period, it automatically becomes law without his signature, unless the adjournment of the legislature prevents its return to that body. In most states the Governor has the important privilege of vetoing particular items in appropriation bills, while sanctioning the rest of the measure.

600. DEFECTS IN STATE LEGISLATION. [Footnote: For a fuller discussion see Chapter XXXVI.]—There is, among students of American government, a general agreement that the legislative procedure of the various states evidences a number of serious defects.

One of these defects is the absence of responsibility. Any member of the state legislature may introduce as many bills as he likes, but he need not assume responsibility for any of them.

Another serious evil is the lack of experience and technical skill on the part of legislators. Legislators are frequently ignorant of the subject matter with which they are called upon to deal. There is a tendency for legislators to ignore the effect of a new statute upon the existing body of law. Nor is the constitutionality of the measure contemplated always taken into account. Ill-advised and pernicious legislation is the result.

Log-rolling and lobbying constitute another defect of state legislation. Log-rolling leads to the passage of numerous bills without their adequate scrutiny by individual members, and without either individual members or legislative committees assuming responsibility for those measures. The pressure exerted upon state legislatures for legislation favoring special interests is still great.

601. THE REFORM OF LEGISLATIVE PROCEDURE.—A few states have attempted to overcome the lack of technical information on the part of legislators by providing for expert bill drafters. In New York, for example, the state legislature has been provided with a number of competent bill drafters whose duty it shall be, during the session of the legislature, to draw bills, examine and revise proposed bills, and advise as to the legal effect of any legislation. These bill drafters may be set to work on the request of either house, or of a committee, member, or officer thereof.

A large number of states now have a legislative reference bureau which keeps a careful record of the laws passed in the various states of the Union. This bureau maintains a library, and issues bulletins for the guidance of legislators.