The State Legislature and the State Constitution. There is a tendency in recent years to strip the legislature of some of its power by inserting into the constitution, either by way of amendment or in constitutional convention, specific provisions concerning such matters as the management of railroads, the sale of intoxicating drinks, the chartering of corporations. The constitution of one State prescribes to the legislature how it shall purchase its stationery, as if this body could not be trusted to do this wisely. It is quite certain that a constitution is not the place for such special provisions. A constitution should mark out a path for legislation, but should not contain the laws themselves. A legislature should be restrained by the constitution in all fundamental matters, in all matters that involve the framework of government and the principles of civil liberty, but in all other matters it should be given a wide discretion. Frequently a legislature is so hampered by the constitution that it cannot pass needful laws. When this is the case there have been placed in the constitution items of a non-constitutional nature.

These details are placed in the constitution beyond the reach of the legislature because of the distrust that has overtaken that body. For many years in private conversation, in newspapers and in books, on the platform and in the pulpit, law-makers have been denounced as grasping, stupid and corrupt. It has become almost a fixed habit for the American people to abuse their legislatures. The habit is unreasonable and unjust: unreasonable, because the legislatures, taking them one after another through a considerable period of time, fairly represent the people who elect them; unjust, because, as a matter of fact, no legislature is largely stupid or corrupt. In all legislatures the average ability of membership is high, and in the worst legislature an overwhelming majority of the members are honest men.

Perhaps the quality of our law-making bodies would be improved if we would trust them more and stop scolding

them and calling them bad names. Censure and distrust will only make them worse; honor and respect would tend to elevate them. It is true that if you treat people as if they were better they will be better; it is equally true that if you treat them as if they were worse they will be worse.

The Initiative and Referendum. As a remedy for the real and supposed shortcomings of the State legislatures many students of political science urge the use of the political device known as the "initiative and referendum." The initiative enables the people to propose a law to the legislature; the referendum enables them to vote upon a law which they have commanded the legislature to refer to them. Where the initiative and referendum are in use a certain per cent. of the voters may propose to the legislature a measure which must be enacted by that body as a law and then be referred back to the people to be voted upon. Further, where this system prevails, a certain per cent. of the voters may demand that a law which the legislature has passed be referred to the people, although it be a law which was not at first proposed by the people. Thus by means of the initiative and referendum the voters, if they choose, can participate directly in the work of law-making. The system, if generally adopted, would change us from a representative to a pure democracy.

The referendum in one form or another has been in use in the United States from the beginning. Every State constitution that provides for the submission of amendments to a popular vote recognizes the principle of referendum. The principle is also quite generally recognized where such matters as the incurring of debt or the selling of intoxicants are concerned. A complete system of direct legislation is provided for in South Dakota, Oregon, Oklahoma, Maine and Missouri. The constitution of South Dakota says:

The people expressly reserve to themselves the right to propose measures which measures the legislature shall enact and submit to a vote of the electors of the State, and the people reserve to themselves the

right to require that any law which the legislature may have enacted shall be submitted to a vote of the electors of the State before it goes into effect.1

In Switzerland, where the people have had centuries of training in public affairs, direct legislation has been a success. In the United States it is probable that the initiative and referendum would succeed only in those States where the people by instinct and tradition are intensely democratic, where the popular interest in public affairs is keen, universal and sustained, and where the average of popular intelligence is very high.

QUESTIONS ON THE TEXT

1. What has been the historical development of State legislatures? 2. In what respect do the legislatures of the different States resemble each other?

3. Give a general account of the organization of a State legislature. 4. How does a bill become a law?

5. Upon what subjects may the legislature pass laws?

6. In what way is the action of legislators sometimes hampered? 7. Give reasons why the constitution should not fetter the legislature in respect to small matters!

8. Why should legislatures receive the support of public opinion?

9. What is the "'initiative and referendum''? To what extent is this system of legislation in use in the United States?

SUGGESTIVE QUESTIONS AND EXERCISES

(Answers to many questions in this chapter and also in several of the following chapters may be found in the State constitution).

1. What is the name of the lower house of the legislature of this State? What is the name of the legislature taken as a whole? Where and how often does the legislature meet?

2. What are the qualifications of senators in this State as to age, citizenship and residence? What are the qualifications of members of the lower house? Under what circumstances is a person disqualified for membership in the legislature? What pay do the members of the legislature receive for their services?

3. What is the nature of the oath taken by a member of the legislature in this State?

1 Five per cent of the qualified votes may invoke either the

initiative or the referendum.

4. What provision does the constitution make in respect to the number of senators? In what manner are the senators apportioned to the cities and counties? What provision is made in respect to the number of representatives? How are they apportioned to the cities and counties? Is there any question as to the fairness of this method of apportionment in this State? If the method is unjust how may a remedy be found?

5. Describe the manner in which each of the houses is called to order and organized on the first day of a session. What constitutes a quorum in each house? How may a person who is disorderly or disrespectful in the presence of the senate or the lower house be punished? Does the legislature sit in secret or in open session?

6. In whose name are the laws of the State enacted? Describe the passage of a bill from the time it is introduced until it becomes a law. To what extent is the initiative and referendum recognized in the constitution of the State?

7. (In many States the constitution forbids the legislature to pass special laws in reference to certain enumerated subjects, that is, when it passes a law in reference to any one of such subjects the law must operate not upon certain specified individuals or localities, but must be uniform in its operation throughout the State.) Name the subjects upon which the legislature of this State is not permitted to pass special laws.

8. Describe the process of impeachment in this State. How may a member of the legislature be punished for unfaithful service?

9. What general prohibitions are placed upon the powers of the legislature of this State by the constitution? Does it seem that some of these prohibitions are unreasonable?

10. Bound the senatorial district in which you live and name your State senator.

11. Is the capital of this State conveniently located? How can its location be changed?

12. Discuss fully each of the following sentences: (a) For good or for evil the legislature affects us in almost every relation of daily life. (b) When the people generally condemn their legislators they virtually condemn themselves. (c) We cannot elect able and skilful legislators; we can elect able and prudent men and reëlect them until they become able and skilful legislators. (d) The position of the law-maker is a difficult one, for he must try to promote the interest of his locality and also the general welfare, and these often clash. (e) When we hear that legislators have received bribes a part of our indignation should be hurled against those who have given bribes.

Topics for Special Work.-Procedure in State Legislature: 7, 183195. Influencing Legislative Action: 7, 275-298. The Workings of State Government: 2, 366-378. The Initiative and Referendum: 5, 432-435; also 30, 295–302.

XXIII

THE STATE EXECUTIVE

The Distribution of Executive Functions. The administration of a State differs considerably from that of the nation. In the administration of the federal government great power is given to the President. He appoints the heads of the departments and, directly or indirectly, almost all subordinate officers. His responsibility is, of course, as great as his power. If the administration of the affairs of the United States is successful the President receives the credit; if it is ill-fated he receives the censure. It is not thus in the State. The execution of the laws of a State is not given to one person or to one body of persons, but is intrusted to various officials and various bodies. The greater part of the public business in a State is administered by local governments, by cities and townships and counties (p. 195). Those laws which pertain to special branches of State administration are distributed to State officers and State boards to be executed, and very often these officers and boards are elected by the people and are not responsible to a higher authority for their conduct. Cases of gross wrong-doing on the part of these high officials, however, may be reached by the legislature through the process of impeachment.

The Executive Departments. The State officers and boards whose duties consist in managing special branches of the State's business constitute the executive department. Since this department is organized according to the particular needs of each State, we are prepared to find it dif