expatriation, is declared inconsistent with the fundamental principles of the Republic.'1 186. Poli (2 fa) OF THE LEGISLATIVE POWERS OF THE STATE LEGISLATURES: AND HEREIN FIRST (1 g b) OF THE CONSTITUTION OF THESE BODIES. By each of the state constitutions, the legislative power cy of dividing of the government is vested in a state legislature, comthe legislative posed of two distinct branches, a house of representatives, bodies. and a senate, each of which has a negative on the other. This constitution of the legislative body, making it to consist of two independent and co-ordinate branches, is founded in the policy of dividing and arranging the several offices in such a manner that each may be a check on the other, and of so contriving the interior structure of the government, as that its several constituent parts, by their mutual relations, may be the means of keeping each other in their proper places. It is a part of the policy essential to our system, by which the political power is divided between two governments for the people of each state, the one internal, the other external, and then the portion allotted to each government subdivided, among its separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself. The great security against a gradual concentration of the several powers in either government, or in either department of either government, consists in giving to those who administer each the necessary constitutional means, and personal motives, to resist encroachments of the others. The provision for defence, in this, 1 Rev. Stats. U. S. 1999; Act 27th July, 1868, c. 249, 1; Stats. at Large, v. 15, p. 223. 2 The two branches are distinguished in different states by different See p. 89, ante. names. The Federalist, No. 51, pp. 238–240. as in all other cases, must be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself but the greatest of all reflections on human nature !" 3 187. The members of the house of representatives, numbering generally about four to one of the senators, are elect- House of Reed annually in some of the states, and biennially in presentatives. others, by and from among the qualified electors; and the representation is apportioned among the several towns or counties, as nearly as may be, according to their respective numbers. The qualifications for membership, are sometimes prescribed by the state constitution, and at other times left to be determined by the electors themselves. The members, however, must always be electors and residents of the state. 5 The senators also, varying in number from twelve to ? 188. State forty or over, but always a much less numerous body than Senatc. the house of representatives, are elected by and from among the electors; the state being divided into senatorial districts, and the electors of each district entitled to a senator. They are chosen for various terms; one year, two years, three, or four years. When chosen for three years, they are divided into three classes; the seats of the first class are vacated at the expiration of the first year; of the second, at the expiration of the second year; and of the third, at the expiration of the third year; so that a third of their number is elected annually. When chosen for four years, they are divided into two classes, and one-half of their number is elected biennially. The qualifications The Federalist, No. 51, pp. 239, 241. 2 As in Maine, N. H., Mass., R. I., As in Del., Tenn., Ky., Ohio. 5 In New York. In Del., Md., Ky., Ind. Conn., N. Y., N. J., Penn. In Maine, N. H., Ver. 6 In New Jersey, Pennsylvania. In some for senators are also different in different states. The regular sessions of the state legislatures are gen-erally annual; though in some states they are only biennial. 189. PowEach branch of the legislature is invested with all the ers of each powers essential to a legislative body, except that the conhouse. Privil- currence of both branches is necessary in the enactment eges of mem- of laws. Each house is the sole judge of the election rebers, &c. turns and qualifications of its members. Each elects its own speaker, clerk and other officers, except in some few states where the lieutenant-governor is president of the senate. Vacancies are usually filled by new elections; sometimes however by the house and senate jointly. The house is invested with the sole power of impeachment, and the senate with the sole power of trying impeachments. The members of both branches, in all cases except treason, felony, and breach of the peace, are privileged from arrest, during attendance at the sessions of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they cannot be questioned in any other place. They are also entitled to a compensation for their services, to be ascertained by law, and paid out of the treasury of the state. ? 190. Pow (2 g b) OF THE NATURE AND EXTENT OF THE LEGISLATIVE POWERS OF THE STATE LEGISLATURES. THE legislature of each state, as we have formerly seen, ers. general, is invested by the state constitution with a general and not enumera ted. * See the General Form of a State Constitution, pp. 89, 90, ante. discretionary power to make all reasonable laws and ordinances, proper and necessary for the defence of the state and the welfare of its people, and not repugnant to that constitution. The powers of the state legislatures, are not specified and enumerated, as are those of the federal legislature. As formerly remarked, in the state constitutions, we look only for express limitations; in the federal constitution, only for express and specific grants, of legislative power. In the words of the great Webster, 'Every state is an independent, sovereign, political community, except in so far as certain powers, which it might otherwise have exercised, have been conferred on a general government, established under a written constitution, and exerting its authority over the people of all the states. This general government is a limited government. Its powers are specified and enumerated. All powers not conferred upon it still remain with the states and with the people. The state legislatures, on the other hand, possess all usual and extraordinary powers of government, subject to any limitations which may be imposed by their own constitutions, and with the exception of the operation on those powers of the constitution of the United States.' ' Sovereign, free and independent states, like natural per191. Powsons, who are equal in right, must, in becoming members ers denied to of a political union, agree to be governed by the common the States. voice in the exercise of such rights as properly belong to their external sovereignty, and are not essential to the absolute right of self-government inherent in each. Each individual, for example, upon becoming a member of civil society, no longer retains his natural right of redressing and avenging violations of law; for one of the principal objects of the association was the establishment of a common authority for this very purpose. So when the union was formed, the war-making powers, together with others pertaining to the external sovereignty of each state, were, by common consent, confided to the federal government. 1 See Webster's Letter to the Barings of London in 1839, Nile's Register, Vol. LVII, pp. 273-274. Ante, § 133. 192. Amer And generally, the powers not essential to the external sovereignty of each state, were merged in the common. authority of all; and the several states, by their federal compact, were prohibited from exerting those powers, except as therein excepted and provided. The provisions. of the federal constitution expressly prohibiting the states. from the exercise of powers, are the following: 'No state shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.'1 'No state shall, without the consent of congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of congress. No state shall, without the consent of congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay." Many other powers, being exclusively vested in the federal government, are thereby impliedly forbidden to the states. A distinguished writer, who is seldom or never at fault ican Legisla- in his statements of the law, says 'It has never been questures contras- tioned that the American legislatures have the same unted with the limited power in regard to legislation which resides in the British Parliament, except where they are restrained by written constitutions." It is not understood, however, that our constitutions were designed and formed to restrain British Parlia ment. 1 Const. U. S. Art. 1, 2 10. 3 See Am. Law Reg. for July, 1868, p. 521. |