TEXT 2: THE STATE LEGISLATIVE BRANCH

ORGANIZATION

Each state constitution sets up a legislative, or lawmaking, branch of government. This branch is commonly known as the state legislature. In some states, it is called the general assembly, legislative assem­bly, or general court. In most states, members of the legislature are known as legislators.

STRUCTURE. Every state except Ne­braska has a bicameral legislature. This means that the legislature has two houses. The upper house is called the senate. Members of the senate are known as senators. The second, or lower, house often is called the house of representatives. The people serving in this house usually are known as representatives. Some states, however, call the lower house the assembly, general assembly, or house of delegates.

Nebraska is the only state with a unicam­eral, or one-house, legislature. This house is called the senate.

REPRESENTATION. Members of each house of a state legislature represent the people from certain districts, or areas, of the state. For a state's senate, the state is divided into several districts. In most states, one senator is elected from each district. The same is true for the state's house of representatives. The state is divided into several districts, with at least one representative elected from each.

SESSIONS. State legislatures meet to carry out business in what is known as a regular session. In 43 states, the constitution requires the legislature to hold at least one regular session every year.

What happens if a problem arises when the legislature is not in session? In that case, a special session can be called. This is just what its name suggests – a meeting of the legislature to deal with a special issue. In most states, the governor has the power to call a special session. In a growing number of states, however, the legislature itself can call special sessions.

QUALIFICATIONS. The qualifica­tions for membership in a state legislature are described in the state's constitution or in the state's laws. All states require that a legislator be at least a certain age. This age varies from 18 to 30 years. All states require that a legislator be a citizen of the United States. A state legislator also must be a resident of that state for a certain length of time. And, a legislator must live in the district he or she represents.

ELECTION AND TERMS. A11 state legislators are elected by the people. The length of the terms legislators serve, however, varies. A term is the time a government leader serves in office. In most states, senators are elected to four-year terms. Most representa­tives serve two-year terms.

The number of terms a legislator can serve is unlimited. This means that a state senator or representative may serve in the same office for several terms.

POWERS

State legislators are elected to represent the people of their districts. These people are known as the legislators' constituents. To best serve their constituents, state legislators are given certain powers.

LEGISLATIVE POWERS. In all 50 states, the legislature is given the power to make state laws. This is the legislature's most important responsibility.

EXECUTIVE POWERS. Besides lawmaking powers, state legislatures have several other kinds of powers. Among these are executive powers. In many states, for example, the legislature must approve the governor's appointments. This means the legislature can accept or reject the governor's choices of people to serve as state judges, the heads of state agencies, and other state leaders.

State legislatures also have another execu­tive power. This is called oversight. Oversight is the power of the legislative branch to review the activities of the executive branch. Using this power, for example, the legislature might study the work of a certain executive agency. The legislature then might recommend possi­ble changes in the agency's operation.

JUDICIAL POWERS. State legisla­tures also have certain judicial powers. Among the most important is the power to impeach, or accuse, state leaders of wrongdoing. Almost every state house of representatives has this power. Once a leader is impeached, the state senate has the power to judge the leader's guilt or innocence. If found guilty, the leader is removed from office.

Legislatures also have the power to judge their own members. Members may censure, or express disapproval of, another member's conduct, for example. In some cases, members even may vote to remove a legislator from office.

Date: 2015-01-12; view: 991