Lagilative body (shortly disscussed) Legislature A representative assembly of persons that makes statutory laws for a municipality, state, or nation. A legislature is the embodiment of the doctrine of popular sovereignty, which recognizes that the people are the source of all political power. Citizens choose by popular vote the legislators, or representatives, whom they want to serve them. The representatives are expected to be sensitive to the needs of their constituents and to represent their constituents interests in the legislature. Structure The federal legislature, the U.S. Congress, is bicameral in structure, meaning that it consists of two chambers, in this case the House of Representatives and the Senate. Each state has a legislature, and all state legislatures have two houses, except the Nebraska Legislature, which has only one. State legislative bodies have various official designations, including state legislature, general assembly, general court, and legislative assembly. Local legislatures are generally structured differently from the state and national model. They may be called city councils or boards of aldermen and alderwomen. The traditional bicameral structure of state and national legislatures developed out of early U.S. societal distinctions between the public in general and the propertied, wealthy class. This structure provided for a lower house and an upper house. The lower-house legislators were elected by the general voting public, and it was believed that their votes were likely to be radical. The upper-house legislators were elected by voters who owned more property, and it was believed that they would be more mindful of concerns to property owners. Traditional bicameralism is still supported for various reasons. It is believed that because both houses must separately pass a bill in order for the bill to become law, bicameral legislatures are less likely to pass hasty, ill-considered laws or to be subject to public passions. Proponents of unicameralism (a one-chamber system) cite lower costs, simpler procedures, better executive-legislative relationships, and legislative developments that are easier for the public to follow. Federal and state legislatures range in size from the U.S. Congress, consisting of 535 members, to the Delaware Legislature, with fewer than 100 members. Legislatures organize themselves into a number of committees and subcommittees, which undertake in-depth study of issues within their area of expertise and focus. Each committee addresses the issues presented to it, recommends action, and changes bills before they are passed on for consideration by the full house. After members of one house pass a bill, it must go to the other house for approval. After both houses have approved a bill, it is presented to the president or governor to be signed into law or vetoed. U.S. state legislatures and the U.S. Congress organize their members according to political party affiliations. The political party that represents the majority of a particular house of the legislature is able to organize and control the actions of that house. The lower house of the legislature chooses a member of the dominant political party to serve as Speaker. The upper house chooses a member of the dominant political party to serve as president. Generally, the members of the different political parties meet separately to determine what actions their party will take in the upcoming session of the legislature. Though there are exceptions, legislators tend to vote along party lines. Political parties are less able to command party loyalty from individual legislators in state legislatures than in the U.S. Congress. The Speaker of the lower house is the presiding officer of that house and is generally the most powerful member of the house. The full membership of the house chooses the Speaker. The duties of the Speaker include appointing members of the standing committees in the lower house. The speaker typically considers party membership, seniority, and the opinions of other party members in making these appointments. Unless there are house rules to the contrary, the Speaker may also refer bills to committee. It is the role of the Speaker to interpret and apply the rules of procedure that govern the actions of the house. In accordance with the U.S. Constitution, the vice president of the United States officially presides over the U.S. Senate. Most state constitutions have similar rules, charging the lieutenant governor with the duty of presiding over the states upper legislative house. In states that do not have a lieutenant governor or do not give that individual power to preside over the upper house of the state legislature, a member of the upper house is selected by other members to serve as president of the house. The duties of the president of the upper house are similar to those of the Speaker of the lower house, although they generally do not include appointing members to committees. Some states that do permit the president of the upper house to appoint committee members diminish that power by making the appointments subject to approval by the whole membership of the house. In a state in which the lieutenant governor serves as president of the upper house, if there is a tie on a vote in the upper house, the president of the house must cast the deciding vote. In the U.S. Senate and in states in which the lieutenant governor presides over the upper house, the house selects one member to serve as president pro tem (for the time being) when the president of the house is absent. Legislative sessions are the periods of time in which a legislature conducts its business. Each legislative session of the U.S. Congress is called a Congress, lasts for two years, and is numbered consecutively. For example, the 107th Congress began in January of 2001 and ended in December of 2002. The 108th Congress began in January of 2003. Each Congress begins in the year following a biennial election of members and is divided into two one-year sessions. Most states have annual sessions, each lasting perhaps only a few months. The governor of a state may call a special session of the state legislature, outside its normal meeting times, to address issues that require immediate attention. Qualifications, Terms, and Compensation of Legislators Members of the U.S. Congress are chosen to represent a particular state. Each state may elect two U.S. senators. The number of U.S. representatives a state may elect is determined by the population of the state, with a minimum of one. Every state uses a district system to choose its state legislators. Under this system the state is divided into districts, often along county lines, with one or more legislators representing each district. The applicable national or state constitution sets the qualifications for individuals who are eligible to serve as legislators. These rules are generally not restrictive, including only age, citizenship, and residency requirements. U.S. citizenship is a universal requirement, as is a certain period of state residency. A legislator must live in the state or district from which he or she is elected. Every state requires that members of the lower house of the state legislature be at least 21 years old. The U.S. Constitution requires members of the House of Representatives to be at least 25 years old, and members of the Senate to be at least 30 years old. Congressional terms are six years for senators and two years for representatives. Terms for state legislators vary, but generally are either two or four years. Over the years there has been a push toward setting term limits in the U.S. Congress—that is, restricting the number of terms a U.S. legislator may serve. State legislatures have a higher rate of turnover and therefore do not generally face this issue. Legislators are compensated for their services at various rates, and many state legislators are considered underpaid. Legislators also receive reimbursement for their expenses, including mileage to and from their home district and the location of the legislature. Legislators usually have the authority, by virtue of powers given to the legislature, to raise their own salaries. But they are often reluctant to do so for fear of a negative public reaction. Relationship with Executive and Judicial Branches The purpose of a legislature is to make, alter, amend, and repeal laws. Legislatures are empowered to enact laws by virtue of legislative jurisdiction, which is the authority vested in them by the national or state constitution. The enumerated powers of Congress are provided for in Article I of the U.S. Constitution. In addition to their lawmaking duties, members of Congress also have the power to appropriate funds for government functions, institute taxes, regulate commerce, declare war, raise and support a military, approve presidential appointments, and impeach executive officers. Following the national model, each state legislature derives its powers from the state constitution. In addition to the legislative branch, national and state governments include executive and judicial branches. The head of the Executive Branch at the national level is the president of the United States and at the state level is the governor. The executive branch enforces the laws enacted by the legislature. It can do so in a number of ways, including policing the streets and prosecuting those who violate laws. The judicial branch interprets the laws passed by the legislature. The courts first look to the exact language of a particular law. Sometimes the meaning of the statutory language is not clear to the court, or the application of the language to the particular case before the court is doubtful. In such a circumstance, the court tries to determine what the legislature intended when it enacted the statute. Legislative intent can often be determined by looking at the history of the particular law and reading committee notes or congressional debates regarding the law. The judicial branch has developed many maxims of statutory interpretation over many years to help the courts carry out legislative intent when interpreting laws. Further readings Bernstein, Richard B. and James Agel. 1993. Of the People, By the People, For the People: Three Books in One—The Congress, the Presidency, and the Supreme Court. New York: Wings.Brady, David W., and Craig Volden. 1997. Revolving Gridlock; Politics and Policy from Carter to Clinton. Boulder, Colo: Westview. Felten, Eric. 1993. The Ruling Class: Inside the Imperial Congress. Washington, D.C.: Regnery Gateway. Hirsch, E.D., Jr., Joseph F. Kett, and James Trefil. 1988. The Dictionary of Cultural Literacy. Boston: Houghton Mifflin. Loomis, Burdett A. 1997. The Contemporary Congress. New York: St. Martins. Maddox, Russell W., and Robert F. Fuquay. 1975. State and L House of Representatives The lower chamber, or larger branch, of the U.S. Congress, or a similar body in the legislature of many of the states. The U.S. House of Representatives forms one of the two branches of the U.S. Congress. The House comprises 435 members who are elected to two-year terms. The U.S. Constitution vests the House with the sole power of introducing bills for raising revenue, making it one of the most influential components of the U.S. government. Members According to Article I, Section 2, of the U.S. Constitution, a member of the House must be at least twenty-five years of age and a U.S. citizen for seven years before his or her election. In addition, representatives must reside in the state that they represent. Members of the House are generally called congressmen, congresswomen, or representatives. During the First Congress (1789–91), the House had sixty-five members, each representing approximately 30,000 people. Until 1929 the law required the number of members in the House to increase in proportion to the national population. That year Congress passed the Permanent Apportionment Act (46 Stat. 21, 26, 27), which limited the size of the House to 435 representatives. During the 1990s each House member represented an average of 572,000 people. Reapportionment or redistribution of House seats—a process whereby some states lose House representatives while others gain them—occurs after census figures have been collected. The Constitution requires that a census be conducted every ten years (art. 1, § 2). Each state must have at least one representative. Puerto Rico elects a nonvoting resident commissioner to the House for a four-year term. Nonvoting delegates from American Samoa, the District of Columbia, Guam, and the Virgin Islands are elected to a two-year term. These special representatives are allowed to participate in debates and vote in committees. Committees House committees are responsible for most of the work involved in the creation of new laws. After a bill is introduced in the House, it is referred to a committee. The committee studies the bill and may hold public hearings on it or suggest amendments. If the bill has the support of a majority of committee members, it is reported to the House, which then debates it and votes on it. The Committee on Rules determines how long a bill may be debated and the procedure by which it is amended. The number of standing, or permanent, House committees has varied over time. In 1800 five standing committees existed. By 1910 the number of standing committees had increased to sixty-one. Between 1950 and the 1990s, the total stabilized at nineteen to twenty-two. During the 104th Congress (1995–97), there were nineteen standing committees in the House: Agriculture; Appropriations; Banking and Financial Services; Budget; Commerce; Economic and Educational Opportunities; Government Reform and Oversight; House Oversight; International Relations; Judiciary; National Security; Resources; Rules; The First U.S. House of Representatives, 1789–1791: Setting Precedent for Future Lawmakers Today the U.S. House of Representatives is known as an institution with established traditions and procedures. It has 435 members, standing committees, rules for evaluating legislation, and well-defined relations with the Senate, the president, and the executive agencies of the federal government. However, the structure and operations of the House have not always been well established. In 1789, as it began the task of creating laws for a new nation, the House had no precedent to guide it. The House of Representatives first convened April 1, 1789, in New York City. Representatives slowly made the long journey to New York, and the First House eventually reached a total of sixty-five members. Fifty-five representatives belonged to the Federalist Party, and ten allied themselves with the Anti-Federalist party. The new House members were not without experience in legislative matters. Fifty-two had served in a state legislature, the Continental Congress, or the Constitutional Convention. Their legislative experience proved invaluable during this First Congress, because the Constitution gave them only limited guidance on how to establish the House. It was up to the representatives to work out the details of an effective lawmaking body. On its first day in session, the House elected its officers, choosing Frederick A. C. Muhlenberg, of Pennsylvania, as its first Speaker. On succeeding days it established rules relating to debate, legislation, committees, and cooperation with the Senate. It also defined the duties of the Speaker, modeling that position after the Speaker of the English House of Commons. The Speaker was to preside over House sessions, preserve order, resolve disputed points, and appoint certain committees. The lack of precedent made operations difficult for the First House. James Madison, of Virginia, a principal Framer of the Constitution and a leading member of the First House, complained, In every step the difficulties arising from novelty are severely experienced …. Scarcely a day passes without some striking evidence of the delays and perplexities springing merely from the want of precedents. Madison was confident that the House would resolve its problems, however, concluding, Time will be a full remedy for this evil. The House gradually found ways to improve the problems cited by Madison and others. One important solution was the development of committees. The first legislation passed by the House was created by the Committee of the Whole—that is, the entire House acting as one large committee. Representatives soon found that this was a cumbersome way to pass legislation. When meeting as the Committee of the Whole, they could consider only one piece of legislation at a time. Moreover, the chamber often became bogged down by seemingly endless debate as each member sought to join the argument. The House responded to this predicament by creating temporary committees to research and draft legislation, forming a separate committee for each bill. This relieved the entire chamber of the necessity of debating every detail of each piece of legislation. The contemporary House, by contrast, has permanent, or standing, committees, each of which handles many bills. The sole standing committee to come out of the first House was the Committee on Elections. With these and other changes, the First House of Representatives was able to accomplish many tasks of vital importance to the young nation. Together with the Senate, it passed sixty statutes, including laws that founded the Departments of War, Treasury, and Foreign Affairs. The House also established its power to give limited orders to executive agencies, such as when it requested Secretary of the Treasury Alexander Hamilton to report on issues such as the federal debt, plans to promote manufacturing, and the establishment of a national mint. No less important, under the leadership of James Madison, it drafted the first ten amendments to the Constitution, known as the Bill of Rights. The House has changed greatly in more than two centuries, but the foundation built by the first representatives remains. Their innovations have become flexible traditions that allow the House to maintain order even as it evolves and adapts to new situations. Science; Small Business; Standards of Official Conduct; Transportation and Infrastructure; Veterans Affairs; and Ways and Means. Each committee has an average of eight to ten subcommittees. Committee membership is determined by a vote of the entire House, and committee chairs are elected by the majority party. The House may also create special committees, including investigative committees. Officers The Speaker of the House has the most powerful position in the House and is traditionally the leader of the majority party. The Speaker interprets and applies House rules and refers bills to committees. Party leadership positions in the House include the majority and minority leaders, or floor leaders, and the majority and minority whips. The elected officers of the House include the clerk, the sergeant at arms, and the doorkeeper. The clerk oversees the major legislative duties of the House. He or she takes all votes and certifies the passage of bills, calls the House to order at the commencement of each Congress, administers legislative information and reference services, and supervises television coverage of House floor proceedings. The sergeant at arms, a member of the U.S. Capitol Police Board, is the chief law enforcement officer for the House. The sergeant maintains order in the House and arranges formal ceremonies such as presidential inaugurations and joint sessions of Congress. The doorkeeper monitors admission to the House and its galleries and organizes the distribution of House documents. Apportionment Seats in the Senate are apportioned, or distributed, evenly across the states, with each state receiving two. Seats in the House of Representatives are apportioned between the states on the basis of population, with the most populated states receiving the most representatives and no state receiving less than one. The Constitution requires that a census be conducted every ten years in order to determine the number of seats allotted to each state. An apportionment method called equal proportions is used so that no state will receive less than one member. The Constitution does not mandate that states having more than one representative be divided into congressional districts, although a state legislature can make such a division. States cannot apportion congressional districts on a discriminatory or unreasonable basis. Next...........................(pending...)
Posted on: Fri, 28 Nov 2014 13:48:07 +0000
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