Chapter 11 Section 3 pg. 198 - 202

Question 1

Who has task of law making?

Answer 1

> in all 50 states, the task of lawmaking is given to the state legislatures
in more than 20 states, the lawmaking body is officially known as the State Legislature
in number of other states, the lawmaking body is known as General Assembly or Legislative Assembly
in Massachusetts and New Hampshire, the lawmaking body is known as General Court
Nebraska has unicameral legislature

Question 2

Describe Baker v. Carr Supreme court case

Answer 2

> in 1962, Supreme court ruled in historical case Baker v. Carr that federal courts could now hear cases in which it was alleged that state apportionment violated Equal Protection Clause of 14th Amendment
in other words, on basis of Equal Protection Clause, Supreme Court ruled that federal courts could have jurisdiction in cases involving state apportionment
opened door for federal court regulation of state apportionment

Question 3

Describe Reynolds v. Sims

Answer 3

> Supreme Court ruled that apportionment of both houses of state legislatures must be based upon population
justification for this ruling was that apportionment of state legislature on any basis other than equal representation violated 14th Amendment’s guarantee to every citizen of equal protection under the law

Question 4

each state legislature represents what?

Answer 4

> each state legislator represents specific district within his state
districts for state senate are proportionally larger than are districts for lower house

Question 5

List some qualifications, elections, compensation, and personnel

Answer 5

> potential candidates must meet age, citizenship, and residency requirements
in few states, person 18 years of age may be elected to legislature, but in most states minimum age is 21
in several states, state senator must be at least 25, and in some, 30
in most states, legislator must be US citizen and have been legal resident of that state for set period of time before he can be elected
some states require lawmakers to live in districts in which they were elected

Question 6

Describe how state legislator election

Answer 6

> in every state, state legislators are elected by popular vote
many states use direct primary, where voters choose political party’s nominees
in few states, party candidates chosen by conventions
in Nebraska, legislators are chosen on nonpartisan basis
in several states, state legislators are elected in month of November on even-numbered years, at same time of federal elections
in Virginia, Mississippi, New Jersey, and Louisianna, legislators are elected in odd-numbered years

Question 7

Describe pay of state legislators

Answer 7

> most state legislators receive modest salary
in few states, legislative pay is set by constitutional provision
in most states, legislators determine their own pay

Question 8

Explain why there is large turnover personnel in state legislatures

Answer 8

> heavy responsibilities, relatively low pay, and hardships of political life help to explain large turnover of personnel state legislatures
difficulties of leaving one’s regular profession for several months at time discourage many qualified people from seeking election or reelection to state legislature

Question 9

Describe powers of state legislature

Answer 9

> extremely broad
legislature holds all powers which constitution does not grant to another branch of state government or to local government and which are not denied legislature by US Constitution or state constitution
authority to tax, regulate commerce, establish courts, define crime, and prescribe punishment, and establish and maintain public schools
holds power to enact laws to protect health, safety, and morals
hold non-legislative powers, executive powers, judicial powers, and constituent powers

Question 10

Describe executive powers held by state legislatures

Answer 10

> in many states, governor’s appointments of people to certain state offices are subject to approval by either upper house or both houses of state legislature
in some states, legislature can appoint certain executive officers

Question 11

Describe judicial powers held by state legislatures

Answer 11

> in every state except Oregon, legislature may impeach executive and judicial officers of government
generally, legislature holds power to resolve disputes regarding election or qualifications of its own members
each house of legislature also has power to discipline its own members and, in extreme cases, expel them

Question 12

Define constituent power

Answer 12

> constituent power - power to propose constitutional amendments
is another important power of state legislature

Question 13

define the speaker

Answer 13

> speaker is the elected presiding officer over the lower house of the state legislature

Question 14

Define the president of the senate

Answer 14

> in 23 states, popularly elected lieutenant governor serves as president of the senate
in other 27 states, upper house chooses its leader from its own ranks

Question 15

define president pro tempore

Answer 15

> state senates that are presided over by lieutenant governor choose one of their own number to serves as president pro tempore to preside in president’s absence

Question 16

Define sergeant at arms

Answer 16

> when state legislature is in session, sergeant at arms is to keep order

Question 17

Define doorkeeper

Answer 17

> when state legislature is in session, doorkeeper is to keep unauthorized people from entering legislative chamber

Question 18

define pages

Answer 18

> when state legislature is in session, pages stay busy running errands for legislators

Question 19

Describe the committee system

Answer 19

> like US Congress, state legislatures rely heavily upon committee system
standing committees of each house usually deal with particular subjects, such as taxes, education, or highways
number of legislative committees varies considerably among states, but typical legislature has 15 to 20 standing committees in each house

Question 20

Describe joint committees

Answer 20

> in recent years, number of states have streamlined legislative process by establishing permanent joint committees
joint committees, made up off members of both houses, can often keep 2 houses from finding themselves at odds with one another

Question 21

Describe the legislative process

Answer 21

> in making laws, state legislatures follow process similar to the followed by Congress of United States
only a member of state legislative chamber can officially introduce bill
some bills originate from legislators, but many come from other sources
many bills originate in governor’s office of state government
other bills come from agencies of local government within state
some bills come from private individuals who believe that particular law ought to be passed
many bills originate with pressure groups and lobbyists who represent them
pressure groups and lobbyists are just as active in seeking to influence state legislatures as they are in seeking to influence Congress
after being introduced, bill is referred to proper committee, which may hold public hearings on it
if bill does not meet with committee’s approval, it may dies, unless legislator can manage to force it out of committee
bill which is approved in committee stage, with or without amendment, is returned to house in which it originated
there it is debated and perhaps amended
then vote is taken
if bill passes, it is sent to other house
in other house, bill goes through similar procedure
second house may amend bill before passing it
in that case, conference committee may be called to work out compromise bill
bill may eventually pass both houses in same form

Question 22

List the different voting methods state legislatures use

Answer 22

> voice vote
standing vote
teller vote
roll-call vote

Question 23

Describe voice vote

Answer 23

> calling “yeas” and “nays”
fastest method
most often used in state legislatures

Question 24

Describe standing vote

Answer 24

> those for and against measure stand to be counted

Question 25

Describe teller vote

Answer 25

> legislators line up and file between two “tellers” who record their votes as they pass by

Question 26

Describe roll-call vote

Answer 26

> used on important issues
each member of legislative chamber annouces his vote–“yea,” “nay,” or “present”–as his name is called
each legislator’s vote is permanently recorded

Question 27

Which state became the first state to allow voters to play direct role in legislative process?

Answer 27

> in 1898, South Dakota became the first state to allow voters to play a direct role in the legislative process

Question 28

Describe lawmaking through initiative

Answer 28

> several states allow voters to propose constitutional amendments through initiative
voters may use initiative to propose ordinary statutory law
interested persons may initiate a law by drafting a proposed bill and getting the required number of qualified voters to sign a petition endorsing it
once enough signatures have been obtained, proposed bill is ready to be presented either to voters on ballot or to state legislature, depending upon which system state follows

Question 29

Describe lawmaking through referendum

Answer 29

> acts of state legislature may be presented (referred) to the voters for their approval by the referendum
when an act of the legislature must be referred to the voters for approval or rejection, it is called a mandatory referendum