General References Hart, Actual Government, pp. 127-139. Bryce, The American Commonwealth, abridged ed., pp. 324-341, 360-373. Shaw, "American State Legislatures," in Contemporary Review, 56, 555-573. Cooley, Constitutional Limitations, pp. 155–191. Cleveland, Growth of Democracy, pp. 177-241, 320–351. Cooley, Constitutional Limitations, pp. 102–154. Oberholtzer, The Referendum in America. Reinsch, American Legislatures and Legislative Methods. Topics THE DEFECTS OF OUR STATE LEGISLATURES: Bryce, American Commonwealth, abridged ed., pp. 371-386; Roosevelt, "Phases of State Legislation," in Century, 29 (1885), 820-831; Lowell, F. C., "Legislative Shortcomings," in Atlantic Monthly, 79 (1897), 366–377; Reinsch, American Legislatures, pp. 228–274. LOCAL AND SPECIAL LEGISLATION: Cleveland, Growth of Democracy, pp. 348–351; Goodnow, Municipal Problems, pp. 37-47; Thorpe, Constitutional History of the American People, II, pp. 417, 418, 451. Studies 1. Legislative committees. Reinsch, American Legislatures, pp. 159-182. 2. The disadvantages of direct legislation. Lowell, A. L., in Atlantic Monthly, 73 (1894), 520–526. 3. The extensive use of the referendum for local finance. Oberholtzer, The Referendum in America, pp. 241–285. 4. Political experiments of Oregon. Schafer, J., in Review of Reviews, 34 (1906), 172–176. 5. Public works influencing legislative action. Reinsch, American Legislatures, pp. 275–298. 6. The legislative product. Reinsch, American Legislatures, pp. 299-330. 7. A state capitol (Pennsylvania), two phases. Caffin, C. H., in World's Work, 13 (1907), 8195-8210; Henry, A. J., in Independent, 62 (1907), 1235–1241. Questions 66 1. How many senators are there in the legislature of this State? how many representatives? For what terms are they elected? What salary does each member receive? Is the senate a continuous " body? If so, what proportion of the members retires at a time? (State Constitution.) 2. When are state elections held? When does the legislature meet? Are there any limitations upon the length of the sessions? 3. How many constitute a quorum for each house? What vote is necessary to pass a bill the first time? over the governor's veto? 4. Name some of the constitutional restrictions upon procedure in our legislature. 5. Give the boundaries of this senatorial district; this assembly district. How do they compare in area and population with other districts in this vicinity? 6. Who are our present representatives in the legislature? How long have they served in this capacity? Which political party has a majority in the legislature? 7. Upon what important topics is our legislature forbidden to make local or special laws? What restrictions are there upon the financial powers of the legislature ? 8. Is the referendum in use in this county for any local laws or business? CHAPTER VII THE STATE EXECUTIVE THE GOVERNOR Central and local executive officials. Bryce, Am. Commonwealth, abr. ed., 367-360. Relation to other executive officials. Wilson, The 1195-1208. Hart, Actual Finley and 92. The Governor as State Executive. The enforcement of state law is intrusted either to certain persons connected with the state government or to the officials of the cities, towns, and counties of the State. Most of the laws are carried out by local officers, so that comparatively few duties are left to the governor, the secretary of state, and other state officials, who are mainly occupied with routine work. The governor is by far the most prominent and powerful executive official of the State. Around his election the chief interest in state politics centers. More than any other one person, he determines what the policy of the state government shall be, and he usually receives the praise and bears the blame for success or mismanagement in the different executive departments. Yet he is often unable to control the actions of more than a small proportion of the state administrative officers, for very few state officers are appointed by him or are responsible to him. Many of them, as the secretary of state and the auditor, are elected by the people. Others are selected by the legislature or by the heads of departments, and the larger number are local officials, chosen by the voters of the counties, cities, or towns, who are in no way bound to execute a law in the way the governor wishes. There is at the present time, however, a very strong movement to concentrate more power in the hands of the governor, giving him greater control over his colleagues, and making him responsible for their acts. 93. The Position of the Governor. In most parts of the Election. Union, state elections for the governor, legislators, and others are held on the Tuesday after the first Monday of Blythe, S.G. November. There is apt to be a great deal of electioneering in Cosmopolitan, before the meeting of a state convention, as the candidates 26 (1899), for the nomination for governor are usually numerous and 288-294. active, and each desires to have delegates favorable to him self chosen in different counties. It may therefore be known before the convention convenes who the candidate will be, and the voting in that body is more often than not purely formal. In a close State, the campaign following the nominations will occasionally awaken all of the interest of a presidential year, and, in fact, the two campaigns often coincide. In about one half of the forty-six States, the governor is Term of chosen for a term of four years, and in most of the rest for office. two years. The States have never felt it wise to allow the voters to Qualifica elect as governors whomever they please, but have given tions. tion. As with the legislators, the governors are expected to re- Compensaceive a part of their compensation in the honor accompanying the office, for the average salary is less than $5000 and in no case over $12,000. Al Appointment and 94. Powers of the Governor: General and Military. though the executive power of the State is divided among 1 Minnesota demands that her governor be not less than twenty-one, and requires a residence of but one year in the State, her requirements being the most modest of any of the States. Louisiana and Arkansas, on the other hand, require ten years' residence in the State, and New Jersey and Mississippi allow only those who have been citizens of the United States for twenty years to hold the office. Illinois gives her governor $12,000 a year. Vermont pays the smallest salary, $1500 per annum. pardon. Finley and Military powers. U. S. Constitution, Art. 1, § 10, cl. 3. Finley and General. Finley and so many officials, the governor retains by far the largest share. The offices to which he may make appointments (usually with the consent of the state senate), are both numerous and valuable, and his power of removal, while not great, is constantly increasing. If a vacancy occurs, he may select some one for the office until the legislature or the people can fill the position. In all but a very few of the States, the governor is allowed to grant reprieves and pardons except for such crimes as treason. Being the commander in chief of the military forces -the militia - in all of the States, the governor may in time of disorder add greatly to his usual power. The Constitution of the United States permits him to organize this force into an army in case his State is actually invaded, and, if a widespread insurrection exists, he may use the militia in putting down the disorder. More frequently, the militia is likely to be called out to prevent destruction of life and property by the lawless element of society during strikes. If the sheriff of a county finds that he and his deputies cannot cope with the tumult, he calls upon the governor, and that official without delay orders a suitable number of companies to the scene of disorder.2 95. The Governor's Legislative Powers. The most important powers of the governor are those relating to the legislature and to legislation. At the beginning of each session of the legislature, he sends to it a message showing the condition of the different executive .departments and suggesting needed legislation. Only in rare instances, however, does this message exert a marked influence upon the 1 In Maine, Vermont, and Massachusetts, the governor shares his powers with an executive council, although the two together usually have some additional duties given in other States to separate boards and heads of departments. 2 Where there is a state police, it can readily be seen that the governor is able to control the execution of state laws in the localities; but none of our States has as yet created a complete state police system, and in only a very few has this been attempted even in a modified form. |