Elements of Civil Government Part 9

CHAPTER VIII.

THE STATE--(Continued).

GOVERNMENT DEPARTMENTS.--The State government is based upon the State const.i.tution. It has a legislative department charged with the making of the laws, an executive department to enforce the laws, and a judicial department to explain and apply the laws. Each of the departments is independent of the others, being supreme within its own sphere.

The American people believe that the functions of making, of enforcing, and of explaining the laws, should forever be separate and distinct.

Experience has shown that it is dangerous to the liberties of the people to permit either of the three departments of government to trespa.s.s upon the functions of the others. Therefore, the limits of each department are well defined, and its power closely guarded, by the const.i.tution and laws of the State.

LEGISLATIVE DEPARTMENT.

The legislative or law-making power of the State is vested in the legislature, sometimes called the general a.s.sembly, and in some States known as the general court, or legislative a.s.sembly. The legislature is composed of two bodies, or houses, called respectively the Senate and the House of Representatives. In New York the latter body is known as the a.s.sembly, in New Jersey it is called the General a.s.sembly and in some States the House of Delegates. A bill must be pa.s.sed by both branches of the legislature in order to become a law. The proceedings of the legislature should be made public, and therefore the sessions are open, and the const.i.tution requires each house to keep and publish a daily record, called the _Journal_.

QUALIFICATIONS.--The State const.i.tution prescribes the age, the length of residence, and other legal qualifications for members.h.i.+p in each branch of the legislature. The const.i.tutions of most States fix a longer term of office and require a more mature age for senators than for representatives. In addition to these legal qualifications a legislator should be a man of unswerving honesty, of broad information, of close thought, well versed in the principles of government, acquainted with the needs of the country, and faithful to the interests of the whole people.

PRIVILEGES.--Each branch of the legislature consists of members elected by the people. Senators and representatives are responsible for their official acts to the people, and to the people alone. Except for treason, felony, and breach of the peace, members of the legislature are privileged from arrest while attending the sessions of their respective houses, and while going thereto and returning therefrom.

For any speech or debate in either house, a member thereof can not be questioned in any other place.

Each house adopts rules for its own government. Each house also elects its own officers, except that in most States the people elect a lieutenant-governor, who is also president of the Senate. These various privileges are granted in the State const.i.tution in order that the actions of the legislature may be free from all outside influences.

POWER.--The const.i.tution of the State defines the limits of the power vested in the legislative department. The legislature may enact any law not forbidden by the Const.i.tution of the State or of the United States. Every act pa.s.sed is binding upon the people unless it is declared by the courts to be unconst.i.tutional. An act of the legislature, when declared to be unconst.i.tutional, thereby becomes void; that is, it ceases to have any legal force.

SESSIONS.--The legislature meets at the State Capitol. In a few States the legislature holds annual sessions, but in far the greater number it meets biennially; that is, once every two years. In many States the const.i.tution limits the session to a certain number of days, but in a few of these States the legislature may extend its session by a special vote of two-thirds of each house. A majority const.i.tutes a quorum for business, but a smaller number may meet and adjourn from day to day in order that the organization may not be lost.

FUNCTIONS.--The legislature enacts laws upon a great variety of subjects. It fixes the rate of State taxation, it provides for the collection and distribution of State revenue, creates offices and fixes salaries, provides for a system of popular education, and makes laws relating to public works, the administration of justice, the conduct of elections, the management of railways and other corporations, the maintenance of charitable and other inst.i.tutions, the construction and repair of public roads, the organization of the militia, the conduct of prisons and reformatories, and a number of other public interests.

FORBIDDEN POWERS.--The Const.i.tution of the United States forbids any State to exercise certain powers:

(1) No State can enter into any treaty, alliance, confederation, contract, or agreement with any other State, or with a foreign power; issue commissions to vessels authorizing them to capture and destroy the merchant s.h.i.+ps of other nations; coin money; issue paper money; make any thing but gold and silver coin a legal tender for the payment of debts; pa.s.s any bill inflicting the penalty of death without a regular trial, or any law fixing a penalty for acts done before its adoption, or any law affecting the provisions of contracts made before its pa.s.sage; or grant any t.i.tle of n.o.bility.

(2) No State can, without the consent of Congress, lay a tax or duty on imports or exports, except what is necessary in executing its inspection laws. The net proceeds of all duties laid by any State for this purpose must be paid into the treasury of the United States; and all such laws are subject to the revision and control of Congress.

Without the consent of Congress, no State can tax s.h.i.+ps, keep troops or s.h.i.+ps of war in time of peace, or engage in war unless invaded or in imminent danger.

(3) "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws."

(4) "[No] State shall a.s.sume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for loss or emanc.i.p.ation of any slave."

THE SENATE.--The Senate is a less numerous body than the House of Representatives. The presiding officer is addressed as "Mr. President"

or "Mr. Speaker," the t.i.tle varying in different States. There is also a chief clerk, with a.s.sistants, who keeps the records; a sergeant-at-arms, who preserves order on the floor; a doorkeeper, who has charge of the senate chamber and its entrances, and a number of subordinate officers.

The Senate has two functions not belonging to the House of Representatives: 1. When the governor nominates persons for appointment as officers of the State, unless the Senate advises and consents to the nominations, the appointments are void; 2. When the House of Representatives presents articles of impeachment against an officer of the State, the Senate sits as a court to try the charges.

HOUSE OF REPRESENTATIVES.--The House of Representatives is often called the popular branch of the legislature. It is sometimes designated as the "House." The t.i.tle of the presiding officer is "Mr. Speaker." The other officers usually have the same t.i.tles and duties as those of the Senate.

In many States bills raising revenue, and in some States bills making appropriations, must originate in the House of Representatives. This body also has the sole power of impeachment. Usually when charges affecting the official conduct of an officer of the State are brought before the legislature, the House of Representatives appoints a committee to investigate the charges and report. If the report warrants further action, the House adopts charges of official misconduct, or of high crimes and misdemeanors in office. This proceeding is called an _impeachment_.

The Senate sits as a court of impeachment, hears the evidence, listens to the argument by the managers and the counsel for the accused, and then condemns or acquits. The judgment in cases of impeachment is removal from office and disqualification to hold any office of honor, trust, or profit under the State.

DIRECT LEGISLATION.--In order to give fuller and quicker effect to the will of the people in law making, recent provisions in the const.i.tutions of some States provide for the initiative and referendum.

By the initiative a certain number of voters may pet.i.tion for the enactment of a law set forth in the pet.i.tion. If the legislature does not pa.s.s the act pet.i.tioned for, it may be enacted by the people, voting on it in a general or special election--the referendum. On pet.i.tion of a certain number of voters also, a referendum may be ordered as to a bill pa.s.sed by the legislature, to which the pet.i.tioners object, giving the people the opportunity to ratify or reject the proposed law.

These methods of direct legislation have been applied also to the making of const.i.tutional amendments, and to some city, as well as some state governments.

SUGGESTIVE QUESTIONS.

1. Why is the State legislature composed of two houses?

2. Why should the proceedings of the legislature be public?

3. Why should senators and representatives be free from arrest while discharging their public duties?

4. How often does the legislature of this State meet?

5. What is the limit of its session?

6. Can its session be extended?

7. What is a reformatory?

8. What are the age and number of years of residence required of a State senator in this State? Who is the senator from this district?

9. What is a bill for raising revenue?

10. What are the age and number of years of residence required of a representative in this State? Who is the representative from this district?

QUESTION FOR DEBATE

_Resolved_, That a State legislature should not have more than forty senators and one hundred representatives.

CHAPTER IX.

THE STATE--(Continued).

When the laws are enacted it becomes necessary that some one be charged with seeing that they are duly executed and obeyed. The people's representatives in the legislative department make the laws. The people's servants in the executive department execute the laws.

EXECUTIVE DEPARTMENT.

The chief executive officers of the State are the governor, the lieutenant-governor, the secretary of state, the auditor or comptroller, the treasurer, the attorney-general, and the superintendent of public instruction, who, in most States, are elected by the people. Besides these, an adjutant-general, a commissioner of agriculture, a commissioner of insurance, railway commissioners, a register of the land office or land commissioner, and in some States other subordinate officers, are usually appointed by the governor, and confirmed by the Senate.

The higher State offices are provided for in the const.i.tution, while the subordinate offices are created by act of the legislature. Several States have no lieutenant-governor; in some the secretary of state and the superintendent of public instruction are appointed by the governor, and in others some of the subordinate officers are elected by the people. The t.i.tles of many of these officers vary in different States.