Part 62 (2/2)

The party leaders in control, of whom the most important are the speaker of the house, the rules committee, the chairmen of committees, and the ”floor manager,” by dictating the procedure to be followed, may at times make it practically impossible for a member of the minority party, or one who has incurred the displeasure of the leaders, to gain a hearing. The following description gives an idea of what may happen: [Footnote: From a pamphlet issued by the Illinois Legislative Voters' League in 1903, and quoted by C. A. Beard, American Government and Politics, pp 539, 540.]

Consider the petty annoyances to which a decent member outside the ”organization” may be subjected, and the methods by which legitimate legislation, backed by him, may be blocked. The bill goes to an unfriendly committee. The chairman refuses to call the committee together, or when forced to call it, a quorum does not attend. ... Action may be postponed on various pretexts, or the bill may be referred to a sub-committee. The committee may kill the bill by laying it on the table. On the other hand, the committee may decide that the bill be reported to the house to pa.s.s. Then a common practice is for the chairman to pocket the bill, delaying to report it to the house till too late to pa.s.s it.

When finally reported to the house, it goes on the calendar to be read a first time in its order. Then begins the advancing of bills by unanimous consent, without waiting to reach them in order. Here is where the organization has absolute control. Unanimous consent is subject to the speaker's acuteness of hearing. His hearing is sharpened or dulled according to the good standing of the objector or of the member pus.h.i.+ng the bill. If one not friendly to the house ”organization” wants to have his bill considered over an objection, he must move to suspend the rules. The speaker may refuse to recognize him, or may put his motion and declare it carried or not carried as suits his and the organization's desires. So the pet bills are jumped over others ahead of them on the calendar, while

[Footnote: From a pamphlet issued by the Illinois Legislative Voters' League in 1903, and quoted by C. A. Beard, American Government and Politics, pp 539, 540.] the ones not having the backing of the house ”organization” are retired farther and farther down until their ultimate pa.s.sage becomes hopeless. If the bill of the independent member reaches a second reading, it may be killed by striking out the enacting clause or by tacking on an obnoxious amendment that makes it repulsive to its former friends. ...

To carry out the will of the organization, the speaker declares amendments carried or the contrary by a viva voce vote.

Demands for roll-calls are ignored by him in violation of the members' const.i.tutional rights. ...

EFFORTS TO CURB POWER OF LEGISLATURES

It is such practices as these that have brought state legislatures into bad repute, and that have resulted in measures to curb their power. Instead of leaving it entirely to them to make their own rules of procedure, many of these rules are now prescribed by the state const.i.tutions. It was in order to restrain the legislatures that the veto power has been given to the governors of all states but one, and that sessions of legislatures have been limited to brief periods of from forty to ninety days, and then only once in two years. For the same reason state const.i.tutions have taken away powers that legislatures once commonly abused, as in running the state deeply into debt, or in legislating in the interest of particular localities or particular groups; and have provided in great detail for many things that were formerly left to the discretion of the legislatures. For the same reason some states have adopted the initiative and referendum.

Investigate and report on:

Powers possessed by either house of your legislature not possessed by the other.

Powers denied your legislature by the federal Const.i.tution.

Powers denied your legislature by your state const.i.tution.

Reasons.

Att.i.tude of the people of your community toward your legislature.

Why service in the legislature does not attract more of the most capable men of the state.

The vocations of the members of your legislature.

Number of bills introduced, and the number pa.s.sed, at the last session of your legislature.

The purpose of some of the most important laws enacted by your legislature at its last session.

Why it is difficult to write a bill correctly.

The legislative reference library, or bureau, of your state (if any).

The committees in each house of your legislature.

Procedure by which a bill becomes a law in your state.

The speaker of the House of Representatives in your state.

”Invisible government” in your state.

Laws regulating the ”lobby” in your state. Frequency and length of legislative sessions in your state.

INEFFICIENT BUSINESS METHODS OF STATE GOVERNMENTS

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