State legislature
Encyclopedia
In the United States of America
, a state legislature is a generic term referring to the legislative
body of any of the country's 50 states
. The formal name varies from state to state. In 24 states, the legislature is simply called the "Legislature", or the "State Legislature", while in 19 states, the legislature is called the "General Assembly". In Massachusetts
and New Hampshire
, the legislature is called the "General Court", while North Dakota
and Oregon
designate the legislature as the "Legislative Assembly".
has a bicameral
legislature, meaning that the legislature consists of two separate legislative chambers (or houses); Nebraska uses a unicameral, or one-chamber legislature. In all bicameral legislatures, the smaller chamber is called the Senate and is usually referred to as the upper house. (Nebraskan legislators are referred to as senators for historical reasons; the new legislature was created by removing the section of the constitution specifying the lower house, effectively abolishing it and causing the Senate to subsume all legislative authority). The smaller, upper chamber usually, but not always, has the exclusive power to confirm appointments made by the governor
and to try articles of impeachment. (In a few states, a separate Executive Council, composed of members elected from large districts, performs the confirmation function.) Members of the smaller chamber represent more citizens and usually serve for longer terms than members of the larger chamber, generally four years. In 41 states, the larger chamber is called the House of Representatives. Five states designate the larger chamber the Assembly and three states call it the House of Delegates. Members of the larger chamber usually serve for terms of two years. The larger chamber customarily has the exclusive power to initiate taxing legislation and articles of impeachment
.
Prior to United States Supreme Court decisions Reynolds v. Sims
and Baker v. Carr
in the 1960s, the basis of representation in most state legislatures was modeled on that of the U.S. Congress: the members of the smaller chamber represented geography and members of the larger chamber represented population. In 1962, the United States Supreme Court announced the one person, one vote standard and invalidated state legislative representation based on geography. (One person, one vote does not apply to the composition of the U.S. Senate
because that chamber's makeup is prescribed by the U.S. Constitution.)
As a legislative branch of government
, a legislature generally performs state duties for a state in the same way that the United States Congress
performs national duties at the national
level. Generally, the same system of checks and balances that exists at the Federal level also exists between the state legislature, the state executive officer (governor) and the state judiciary
, though the degree to which this is so varies from one state to the next.
During a legislative session, the legislature considers matters introduced by its members or submitted by the governor. Businesses and other special interest organizations often lobby
the legislature to obtain beneficial legislation, defeat unfavorably perceived measures, or influence other legislative action. A legislature also approves the state's operating and capital budgets, which may begin as a legislative proposal or a submission by the governor.
Under the terms of Article V
of the U.S. Constitution, state lawmakers retain the power to ratify Constitutional amendments which have been proposed by the Congress and they also retain the ability to apply to the Congress for a national convention to directly propose Constitutional amendments to the states for ratification. Under Article II
, state legislatures choose the manner of appointing the state's presidential electors
. Formerly, state legislatures appointed the U.S. Senators
from their respective states until the ratification of the 17th Amendment in 1913 required the direct election of Senators by a state's voters.
convenes in January of the odd-numbered year after the election of members to the larger chamber. The period during which the legislature remains in session varies. In states where the legislature is considered part-time, a session may last several months; where the legislature is considered full-time, the session may last all year, with periodic breaks for district work.
Currently, there are 7,382 state legislators in the United States. They are usually assisted by staff aides to help prepare and analyze legislation, to review and amend submitted budgets, and to help solve constituents' grievances with the state government.
Many state legislators meet every year at the annual meeting, and other meetings, of the National Conference of State Legislatures
, which is headquartered in Denver, Colorado
and has a lobbying office in Washington, D.C.
The American Legislative Exchange Council
, a conservative organization focusing on state legislatures, also has an annual meeting attracting many legislators.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, a state legislature is a generic term referring to the legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
body of any of the country's 50 states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
. The formal name varies from state to state. In 24 states, the legislature is simply called the "Legislature", or the "State Legislature", while in 19 states, the legislature is called the "General Assembly". In Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
and New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
, the legislature is called the "General Court", while North Dakota
North Dakota
North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
and Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
designate the legislature as the "Legislative Assembly".
Composition
Every state except NebraskaNebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
has a bicameral
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
legislature, meaning that the legislature consists of two separate legislative chambers (or houses); Nebraska uses a unicameral, or one-chamber legislature. In all bicameral legislatures, the smaller chamber is called the Senate and is usually referred to as the upper house. (Nebraskan legislators are referred to as senators for historical reasons; the new legislature was created by removing the section of the constitution specifying the lower house, effectively abolishing it and causing the Senate to subsume all legislative authority). The smaller, upper chamber usually, but not always, has the exclusive power to confirm appointments made by the governor
Governor (United States)
In the United States, the title governor refers to the chief executive of each state or insular territory, not directly subordinate to the federal authorities, but the political and ceremonial head of the state.-Role and powers:...
and to try articles of impeachment. (In a few states, a separate Executive Council, composed of members elected from large districts, performs the confirmation function.) Members of the smaller chamber represent more citizens and usually serve for longer terms than members of the larger chamber, generally four years. In 41 states, the larger chamber is called the House of Representatives. Five states designate the larger chamber the Assembly and three states call it the House of Delegates. Members of the larger chamber usually serve for terms of two years. The larger chamber customarily has the exclusive power to initiate taxing legislation and articles of impeachment
Articles of impeachment
The articles of impeachment are the set of charges drafted against a public official to initiate the impeachment process. The articles of impeachment do not result in the removal of the official, but instead require the enacting body to take further action, such as bringing the articles to a vote...
.
Prior to United States Supreme Court decisions Reynolds v. Sims
Reynolds v. Sims
Reynolds v. Sims, 377 U.S. 533 was a United States Supreme Court case that ruled that state legislature districts had to be roughly equal in population.-Facts:...
and Baker v. Carr
Baker v. Carr
Baker v. Carr, , was a landmark United States Supreme Court case that retreated from the Court's political question doctrine, deciding that redistricting issues present justiciable questions, thus enabling federal courts to intervene in and to decide reapportionment cases...
in the 1960s, the basis of representation in most state legislatures was modeled on that of the U.S. Congress: the members of the smaller chamber represented geography and members of the larger chamber represented population. In 1962, the United States Supreme Court announced the one person, one vote standard and invalidated state legislative representation based on geography. (One person, one vote does not apply to the composition of the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
because that chamber's makeup is prescribed by the U.S. Constitution.)
Duties and influence
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
, a legislature generally performs state duties for a state in the same way that the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
performs national duties at the national
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
level. Generally, the same system of checks and balances that exists at the Federal level also exists between the state legislature, the state executive officer (governor) and the state judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, though the degree to which this is so varies from one state to the next.
During a legislative session, the legislature considers matters introduced by its members or submitted by the governor. Businesses and other special interest organizations often lobby
Lobbying
Lobbying is the act of attempting to influence decisions made by officials in the government, most often legislators or members of regulatory agencies. Lobbying is done by various people or groups, from private-sector individuals or corporations, fellow legislators or government officials, or...
the legislature to obtain beneficial legislation, defeat unfavorably perceived measures, or influence other legislative action. A legislature also approves the state's operating and capital budgets, which may begin as a legislative proposal or a submission by the governor.
Under the terms of Article V
Article Five of the United States Constitution
Article Five of the United States Constitution describes the process whereby the Constitution may be altered. Altering the Constitution consists of proposing an amendment and subsequent ratification....
of the U.S. Constitution, state lawmakers retain the power to ratify Constitutional amendments which have been proposed by the Congress and they also retain the ability to apply to the Congress for a national convention to directly propose Constitutional amendments to the states for ratification. Under Article II
Article Two of the United States Constitution
Article Two of the United States Constitution creates the executive branch of the government, consisting of the President and other executive officers.-Clause 1: Executive power:...
, state legislatures choose the manner of appointing the state's presidential electors
United States Electoral College
The Electoral College consists of the electors appointed by each state who formally elect the President and Vice President of the United States. Since 1964, there have been 538 electors in each presidential election...
. Formerly, state legislatures appointed the U.S. Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
from their respective states until the ratification of the 17th Amendment in 1913 required the direct election of Senators by a state's voters.
Aspects of the career of the state legislator
In most states, a new state legislatureLegislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
convenes in January of the odd-numbered year after the election of members to the larger chamber. The period during which the legislature remains in session varies. In states where the legislature is considered part-time, a session may last several months; where the legislature is considered full-time, the session may last all year, with periodic breaks for district work.
Currently, there are 7,382 state legislators in the United States. They are usually assisted by staff aides to help prepare and analyze legislation, to review and amend submitted budgets, and to help solve constituents' grievances with the state government.
Many state legislators meet every year at the annual meeting, and other meetings, of the National Conference of State Legislatures
National Conference of State Legislatures
The National Conference of State Legislatures is a bipartisan non-governmental organization established in 1975 to serve the members and staff of state legislatures of the United States...
, which is headquartered in Denver, Colorado
Denver, Colorado
The City and County of Denver is the capital and the most populous city of the U.S. state of Colorado. Denver is a consolidated city-county, located in the South Platte River Valley on the western edge of the High Plains just east of the Front Range of the Rocky Mountains...
and has a lobbying office in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
The American Legislative Exchange Council
American Legislative Exchange Council
The American Legislative Exchange Council is a politically conservative 501 non-profit Policy Organization, consisting of both state legislators and members of the private sector. ALEC's mission statement describes the organization's purpose as the advancement of free-market principles, limited...
, a conservative organization focusing on state legislatures, also has an annual meeting attracting many legislators.
See also
- List of state legislatures in the United States
- Comparison of U.S. state governments
- United States state legislatures' partisan trendUnited States state legislatures' partisan trendThis chart shows the trends in the partisan composition of the various state legislatures in the United States. In most cases the data point for each year is July 1st, a time when few elections are scheduled. Most states hold legislative elections in the even numbered years, so the data points...
- State Legislative SourcebookState Legislative SourcebookThe State Legislative Sourcebook: A Resource Guide to Legislative Information in the Fifty States is a comprehensive guide to sources of state legislative information in the United States....
- Legislative Assemblies of Canada's provinces and territoriesLegislative Assemblies of Canada's provinces and territoriesThis is a list of the Legislative Assemblies of Canada's provinces and territories. *Governing parties are shown by shading.*1 "Provincial parties" are parties that use the province's name followed by "Party" or something similar...
- Parliaments of the Australian states and territoriesParliaments of the Australian states and territoriesThe Parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia. Before the formation of the Commonwealth in 1901, the six Australian colonies were self-governing, with parliaments which had come into existence at various...
External links
- National Conference of State Legislatures
- http://www.stateside.com/governors.php
- State Legislative Information Resources
- https://www.stateside.com
- Women in State Legislatures