Actual State Legislation
| Published date | 01 September 1912 |
| DOI | 10.1177/000271621204300105 |
| Date | 01 September 1912 |
| Author | John A. Lapp |
| Subject Matter | Articles |
(49)
ACTUAL
STATE
LEGISLATION
BY
JOHN
A.
LAPP,
Legislative
Reference
Librarian,
Indiana
State
Library.
In
outlining
the
work
of
state
legislatures
it
is
useful
first
to
set
forth
their
status
in
our
dual
system
of
government
and
to
determine
as
nearly
as
possible
in
a
general
way
the
limits
of
their
powers.
There
are
two
legal
limitations
on
the
power
of
a
state
legis-
lature :
the
federal
constitution
and
the
constitution
of
the
state.
These
prohibit
the
legislature
from
doing
certain
things
both
directly
and
by
implication
and
the
latter
in
most
states
outlines
the
manner
of
procedure
in
doing
its
work,
departure
from
which
is
fatal
to
the
validity
of
legislative
enactments.
In
its
beginning
the
federal
con-
stitution
accomplished
a
division
of
powers
between
the
state
and
federal
governments.
Those
powers
of
legislation
which
it
was
deemed
should
be
exercised
uniformly
throughout
the
country
were
placed
in
the
hands
of
congress
and
the
rest
were
reserved
to
the
states.
Concerning
the
classification
of
these
powers,
Mr.
Justice
Swayne
said 1
&dquo;In
the
complex
system
of
polity
which
prevails
in
this
country
the
powers
of
government
may
be
divided
into
four
classes:
Those
which
belong
exclusively
to
the
states;
those
which
belong
to
the
national
government;
those
which
may
be
exercised
concurrently
and
independently
by
both;
and
those
which
may
be
exercised
by
the
states
but
only
until
congress
shall
see
fit
to
act
upon
the
subject.&dquo;
Eliminating
the
powers
in
this
classification
which
belong
exclusively
to
congress,
which
are
comparatively
few,
we
find
remaining
to
the
states
all
the
subjects
of
legislation
affecting
the
everyday
relations
of
men,
the
maintenance
of
law
and
order,
nearly
the
whole
field
of
civil
and
criminal
jurisprudence,
the
organi-
zation
and
control
of
all
grades
of
municipal
government,
the
manage-
ment
of
highways
and
schools,
the
control
of
public
utilities
and
the
general
regulation
of
business
in
its
many
phases.
Add
to
these
the
powers
which
may
be
exercised
concurrently
with
congress
and
to
these,
the
powers
which
may
be
exercised
by
the
states
until
the
1
Ex
parte,
McNeil,
13
Wall.
(U.
S.)
236.
50
federal
government
pre-empts
the
field
and
we
get
an
idea
of
the
vastness
of
the
scope
of
state
legislation.
The
second
limitation,
the
constitution
of
the
state,
is
of
a
two-
fold
nature;
first
the
prohibition
or
limitation
of
certain
kinds
of
legislation;
second,
the
formulation
of
procedure
to
be
followed
in
enacting
laws.
Nearly
every.
state
constitution
has
a
bill
of
rights
which
protects
in
general
terms
certain
fundamental
rights.
These
serve
as
checks
against
any
arbitrary
action
by
the
legislature
as
well
as
by
executive
or
administrative
officers.
Many
provisions
of
constitutions
are
merely
legislative
enactments,
superior
to
the
action
of
legislatures.
Again,
many
state
constitutions
permit
certain
things
to
be
done
but
only
in
ways
fixed
by
the
constitution.
Lastly,
the
distrust
of
legislatures
has
hedged
their
work
about
with
the
most
careful
provisions
designed
to
prevent
haste
and
jobbery.
The
procedure
in
enacting
laws
in
most
states
is
outlined
even
to
minor
details,
and
the
courts,
more
or
less
rigidly,
hold
legislation
strictly
to
the
test
that
it
has
been
enacted
in
conformity
with
the
constitutional
provisions.
It
will
be observed
from
these
restrictions
that
the
task
to
make
a
state
law
conform
to
the
requirements
of
a
valid
and
effective
enact-
ment
is
a
difficult
one.
The
mere
framing
of
a
law
to
express
exact
intent
is
difhcult
enough,
requiring
as
it
does
the
most
far-sighted
view
of
its
effect
on
existing
laws
and
a
precision
of
expression
which
admits
of
no
question
of
its
meaning;
but
when
to
these
are
added
the
further
requirements
that
every
law
must
conform
to
the
specific
and
general
provisions
of
two
constitutions,
as
determined
through
long
lines
of
decisions,
the
complexity
of
the
problem
is
intensified.
The
Legislatures
acnd
Legislators
The
second
matter
to
be
considered
is
the
make-up
of
the
legis-
lative
bodies
and
the
equipment
of
the
members
and
their
assistants
for
the
task.
In
every
state
the
legislature
consists
of
two
houses,
the
senate
and
house
of
representatives
or
assembly
or
house
of
delegates,
as
the
lower
chamber
is
called
in
some
states.
These
bodies
are
chosen
in
all
states
directly
by
the
people
but
from
different-sized
constit-
uencies
and
differ
only
in
that
the
senate
is
usually
elected
from
a
larger
district,
for
a
longer
term,
and
in
many
states
not
all
of
the
members
are
elected
at
a
time,
thus
making
it
a
continuous
body
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