The Committee System in State Legislatures

1918 ◽  
Vol 12 (4) ◽  
pp. 607-639 ◽  
Author(s):  
C. Lysle Smith
Keyword(s):  
United States ◽  
State Legislatures ◽  
The United States ◽  
State Legislature ◽  
Legislative Organization ◽  
Practical Operation ◽  
Conference Committee ◽  
Committee Assignments

Every state legislature in the United States is divided into a considerable number of standing committees. In spite of obvious advantages which seem to render it indispensable, the development of the committee system has been attended by great evils. Indeed, it is perhaps not too much to say that with the committee system the worst evils connected with legislative organization and procedure are intimately associated.It is the chief purpose of this paper to point out the principal weaknesses or defects of the committee system in connection with state legislatures generally, and particularly the defects which have appeared in the practical operation of the system in the Illinois legislature; and at the same time to discuss certain proposals designed to remedy these defects.These weaknesses and proposed remedies will be taken up in the following order:I. Defects in the methods of making committee assignments.II. Defects due to the number of standing committees.III. Defects due to the size of committees.IV. Defects due to the lack of a definite and fixed schedule of committee meetings.V. Defects due to the lack of publicity and to the irresponsibility surrounding committee proceedings.VI. Defects due to the insufficient control of each house over its committees.VII. Defects peculiar to the committee on rules and the conference committee.

The Democratic Deficit of United States Federalism? Red State, Blue State, Purple?

2018 ◽  
Vol 46 (4) ◽  
pp. 645-667
Author(s):  
Vicki C Jackson
Keyword(s):  
United States ◽  
State Legislatures ◽  
The United States ◽  
State Legislature ◽  
Democratic Deficit ◽  
The Us ◽  
The 1960S ◽  
Us Senate ◽  
The One ◽  
Over Time

Aspects of an entrenched constitution that were essential parts of founding compromises, and justified as necessary when a constitution was first adopted, may become less justifiable over time. Is this the case with respect to the structure of the United States Senate? The US Senate is hardwired in the Constitution to consist of an equal number of Senators from each state—the smallest of which currently has about 585,000 residents, and the largest of which has about 39.29 million. As this essay explains, over time, as population inequalities among states have grown larger, so too has the disproportionate voting power of smaller-population states in the national Senate. As a result of the ‘one-person, one-vote’ decisions of the 1960s that applied to both houses of state legislatures, each state legislature now is arguably more representative of its state population than the US Congress is of the US population. The ‘democratic deficit’ of the Senate, compared to state legislative bodies, also affects presidential (as compared to gubernatorial) elections. When founding compromises deeply entrenched in a constitution develop harder-to-justify consequences, should constitutional interpretation change responsively? Possible implications of the ‘democratic’ difference between the national and the state legislatures for US federalism doctrine are explored, especially with respect to the ‘pre-emption’ doctrine. Finally, the essay briefly considers the possibilities of federalism for addressing longer term issues of representation, polarisation and sustaining a single nation.

James Bryce and the Australian Constitution

2015 ◽  
Vol 43 (2) ◽  
pp. 177-200
Author(s):  
Stephen Gageler
Keyword(s):  
United States ◽  
Judicial Review ◽  
Constitutional Law ◽  
The United States ◽  
United States Constitution ◽  
Constitutional Development ◽  
Practical Operation ◽  
Responsible Government ◽  
Shed Light

James Bryce was a contemporary of Albert Venn Dicey. Bryce published in 1888 The American Commonwealth. Its detailed description of the practical operation of the United States Constitution was influential in the framing of the Australian Constitution in the 1890s. The project of this article is to shed light on that influence. The article compares and contrasts the views of Bryce and of Dicey; Bryce's views, unlike those of Dicey, having been largely unexplored in contemporary analyses of our constitutional development. It examines the importance of Bryce's views on two particular constitutional mechanisms – responsible government and judicial review – to the development of our constitutional structure. The ongoing theoretical implications of The American Commonwealth for Australian constitutional law remain to be pondered.

scholarly journals Disrupting Regulation, Regulating Disruption: The Politics of Uber in the United States

2018 ◽  
Vol 16 (4) ◽  
pp. 919-937 ◽  
Author(s):  
Ruth Berins Collier ◽  
V.B. Dubal ◽  
Christopher L. Carter
Keyword(s):  
United States ◽  
State Legislatures ◽  
The United States ◽  
State Regulation ◽  
Policy Outcomes ◽  
Regulatory Regime ◽  
Economic Sectors ◽  
Large Numbers ◽  
Labor Issues ◽  
Regulatory Regimes

Platform companies disrupt not only the economic sectors they enter, but also the regulatory regimes that govern those sectors. We examine Uber in the United States as a case of regulating this disruption in different arenas: cities, state legislatures, and judicial venues. We find that the politics of Uber regulation does not conform to existing models of regulation. We describe instead a pattern of “disruptive regulation”, characterized by a challenger-incumbent cleavage, in two steps. First, an existing regulatory regime is not deregulated but successfully disregarded by a new entrant. Second, the politics of subsequently regulating the challenger leads to a dual regulatory regime. In the case of Uber, disruptive regulation takes the form of challenger capture, an elite-driven pattern, in which the challenger has largely prevailed. It is further characterized by the surrogate representation of dispersed actors—customers and drivers—who do not have autonomous power and who rely instead on shifting alignments with the challenger and incumbent. In its surrogate capacity in city and state regulation, Uber has frequently mobilized large numbers of customers and drivers to lobby for policy outcomes that allow it to continue to provide service on terms it finds acceptable. Because drivers have reaped less advantage from these alignments, labor issues have been taken up in judicial venues, again primarily by surrogates (usually plaintiffs’ attorneys) but to date have not been successful.

scholarly journals State Legislatures Have the Courage to Pass Antiabortion Laws and Test the Ideology of the “New” United States Supreme Court

2020 ◽  
Vol 3 (1) ◽  
pp. 136-150
Author(s):  
Jill Oeding
Keyword(s):  
United States ◽  
Supreme Court ◽  
State Legislatures ◽  
United States Supreme Court ◽  
The United States ◽  
The Supreme Court ◽  
Undue Burden ◽  
Constitutional Right ◽  
Reported Data ◽  
The Right

Many state legislatures are racing to pass antiabortion laws that will give the current Supreme Court the opportunity to review its stance on the alleged constitutional right to have an abortion. While the number of abortions reported to be performed annually in the United States has declined over the last decade, according to the most recent government-reported data, the number of abortions performed on an annual basis is still over 600,000 per year. Abortion has been legal in the United States since 1973, when the Supreme Court recognized a constitutional right to have an abortion prior to viability (i.e. the time when a baby could possibly live outside the mother’s womb). States currently have the right to forbid abortions after viability.  However, prior to viability, states may not place an “undue burden” in the path of a woman seeking an abortion. The recent appointments of two new Supreme Court justices, Neil Gorsich and Brett Kavanaugh, give pro-life states the best chance in decades to overrule the current abortion precedent. The question is whether these two new justices will shift the ideology of the court enough to overrule the current abortion precedent.

Remember the Ladies: Competition and Mobilization in the United States

2018 ◽  
pp. 83-132
Author(s):  
Dawn Langan Teele
Keyword(s):  
United States ◽  
Political Geography ◽  
Gilded Age ◽  
Political Competition ◽  
State Legislatures ◽  
The United States ◽  
The Political ◽  
The Us ◽  
Race Ethnicity

This chapter presents a case study of women's enfranchisement in the United States. It argues that the formation of a broad coalition of women, symbolized by growing membership in a large non-partisan suffrage organization, in combination with competitive conditions in state legislatures, was crucial to securing politicians' support for women's suffrage in the states. The chapter first gives a broad overview of the phases of the US suffrage movement, arguing that the salience of political cleavages related to race, ethnicity, nativity, and class influenced the type of movement suffragists sought to build. It then describes the political geography of the Gilded Age, showing how the diversity of political competition and party organization that characterized the several regions mirrors the pattern of women's enfranchisement across the states.

Development and Demise of Rosewood

2018 ◽  
Author(s):  
Edward González-Tennant
Keyword(s):  
United States ◽  
Eighteenth Century ◽  
American History ◽  
The United States ◽  
State Legislature ◽  
Media Attention ◽  
Social Trends ◽  
History Of ◽  
The Town ◽  
Hollywood Movie

Chapter 2 presents a history of Rosewood beginning with a brief overview of previous research into the town’s past. Most of the research takes place in response to a statewide conversation in the early and mid-1990s. Growing media attention encouraged Floridians to grapple with the meaning of Rosewood’s destruction in the past and present. The attention encouraged the state legislature to compensate the survivors and descendants of the massacre; that compensation represents the primary example of reparations granted to African Americans in the United States. To better understand the events of 1923, Florida’s state legislature commissioned a group of historians to investigate and write a concise history of the town and its destruction. The resulting report, based on four months of research, remains the authoritative treatment of the 1923 riot. The report, a few articles, a popular book, and a Hollywood movie all contribute to public knowledge and representations of Rosewood. González-Tennant’s overview of Rosewood’s history adds to previous research by offering a comprehensive look at similar events in American history. González-Tennant contextualizes Rosewood within broader social trends beginning in the eighteenth century and continuing until today.

Trial Balloons

2020 ◽  
pp. 84-105
Author(s):  
Simon Miles
Keyword(s):  
United States ◽  
Soviet Union ◽  
Nuclear Weapons ◽  
State Legislatures ◽  
Balance Of Power ◽  
The United States ◽  
Political Force ◽  
The Soviet Union ◽  
East And West ◽  
General Secretary

This chapter is devoted to Konstantin Chernenko' efforts to shift superpower relations back to a détente-like footing during his time as a General Secretary of the Soviet Union. It examines attempts on the part of various Western leaders to carve out a role for themselves as the superpowers' chosen intermediary. It also investigates the balance of power between East and West, including how and why leaders in Washington and Moscow perceived and responded to each other as they did. The chapter analyzes the nuclear freeze movement, which has remained a political force to be reckoned with as the movement called for both superpowers to halt the construction and deployment of nuclear weapons. It talks about the freeze activists in the United States who shepherded the passage of nonbinding resolutions that support their cause in four state legislatures, the House, and the Senate.

Governance models of public utility commissions in the United States

2019 ◽  
Vol 20 (3) ◽  
pp. 229-239 ◽  
Author(s):  
Douglas J. Howe
Keyword(s):  
United States ◽  
Political Action ◽  
State Level ◽  
The United States ◽  
State Legislature ◽  
The State ◽  
Public Utility ◽  
Political Action Committees ◽  
Special Interest Groups ◽  
Governance Model

Regulation of utilities at the state level in the United States is undertaken by a commission on which anywhere from three to seven commissioners sit and must vote on virtually all significant utility actions, including rate requests, resource plans, acquisitions and mergers, and financing mechanisms. Public utility commissions (PUCs) are, in a very real sense, courts with adjudicatory responsibility over the area of state utility laws. In hearing a utility case, they must follow the state’s statutes and court rules. The commissioners function as judges in this court of public utility law. In a majority of states, commissioners are appointed by the state’s governor with the advice and consent of the state legislature. In a significant minority of states, commissioners are elected by popular vote. However, recent changes in US election law have made it easier for corporations and special interest groups, called political action committees, to influence elections through donations targeting direct voter outreach on behalf of specific candidates. This chapter examines what the entry of political spending in PUC elections means, and whether elected commissioners can adjudicate in the public interest, or will adjudicate for special interests. The chapter concludes that while both the appointment and election governance model can produce both “good” and “bad” commissioners, it is the elected commission that is most at risk of selecting commissioners that will not be truly independent and objective arbiters of the law.

Party Leadership Change in the United States House of Representatives

1967 ◽  
Vol 61 (3) ◽  
pp. 675-693 ◽  
Author(s):  
Robert L. Peabody
Keyword(s):  
United States ◽  
20Th Century ◽  
House Of Representatives ◽  
The United States ◽  
Leadership Change ◽  
Party Leadership ◽  
History Of ◽  
Committee Assignments

Long periods of one-party domination, increased average tenure in office for Representatives, and the institutionalization of patterns of succession to the Speakership, have all contributed to a tendency toward leadership stability in the 20th-century House of Representatives. The election of Sam Rayburn (D., Texas) and John McCormack (D., Mass.) to the offices of Speaker and Majority Leader in 1940, of Joseph Martin (R., Mass.) to the office of Minority Leader in 1939, and of Leslie Arends (R., Ill.) to the position of Republican Whip in 1943, mark the beginnings of the longest tenures in these four positions for any incumbents in the history of Congress. When changes in top leadership occur—as with the overthrow of Minority Leader Charles A. Halleck by Republican Representative Gerald R. Ford, Jr., in 1965, or the succession of Majority Leader McCormack to the office of the Speaker in 1962 following the death of Rayburn—the consequences are considerable. In the case of revolt, individual careers are made and broken. The organization and policy orientations of a congressional party may be extensively altered. While orderly succession has less dramatic impact, it too has a significant effect on “who gets what, when and how.” Some members move closer to the seats of power and others fall out of favor. Key committee assignments, and hence the development of entire legislative careers, are likely to ride or fall on the outcomes.

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