Gale Encyclopedia Of American Law 3Rd Edition Volume 6 P31 ppsx

committee chair is in charge of the committee, and requests for a slot on the agenda of the committee must be directed to the chair and the chair’s staff. An autocratic chair can decide which bills to consider without consulting com- mittee members, but much of the work of a committee is done by consensus. Competition for committee time is generally intense. Usually bills that are heard are essential, popular, or generally beneficial. Occasionally they are noncontroversial or not esp ecially appealing to the chair. A bill can even be scheduled merely to impede another, unfavor- able proposal. If a spot cannot be attained on the agenda, a sponsor can seek consideration by a subcommittee so that a rough proposal can be polished into a draft that will be more appealing to the full committee. Legislative procedure is designe d so that a bill is heard when a need for it is demonstrated. Unnecessary or poorly drafted bills are bottled up in committees where no one takes time to consider them. As a bill approaches passage, it becomes more difficult to amend it or kill it. Efforts made early in the history of the bill are generally more effective. For example, fewer members have to be persuaded when a bill is still being considered by a committee, and fewer compromises have to be made. If a committee decides not to act on a bill and tables it, that bill is effectively stopped for that session of the legislature. If the committee recommends that the bill be indefinitely postponed, the bill is formally killed and that recommendation is reported to the floor as a committee report to be confirmed by house vote. ADOPTION of the committee report officially kills the bill. If the committee recommends that the bill be passed, the bill is submitted to the floor with a favorable report, which is essential to its passage. If the bill must go through more than one committee, the first committee must then refer it to the second, and the first favorable decision gives it some momentum toward success. After a legislative body approves a favorable committee report, the bill is placed on the agenda for floor action, or action by the full body. The agenda can be lengthy. During its wait for floor action, the bill is subject to a motion to refer it again to the same committee or any other committee for reconsideration. Making a successful motion to refer it again is a classic method of defeating a bill without taking the difficult step of going on record against it on a final vote. In most state legislatures, a bill is first considered on the floor in a committee of the whole, in which every member of the house sits as a committee to debate the bill. A committee of the whole is derived historically from the desire of early English parliaments to act in semisecrecy, without recorded votes that the queen or king could monitor. The idea has survived, and legislators continue to act without suffering the political consequences of an unpopular vote on the record. Procedurally, the consideration of a bill by a committee of the whole allows debate without limits on the duration of time or number of times a member can speak. It also provides an interval between the first formal floor consider- ation and final passage of the bill, which permits more time for careful deliberation. The use of the committee of the whole has, however, declined. More bills are submitted for deliberation by the legislative body and final vote while the subject is still fresh in the members’ minds. A legislature can, therefore, eliminate use of the committee of the whole for some types of bills, for special circumstances, or altogether. Almost every legislature has a consent calen- dar for bills identified by committee reports as noncontroversial. Each such bill is read at the appointed time and briefly explained, and a vote is taken. Even if only a few votes dissent, the bill is returned to the regular calendar for examination. The consent calendar permits a legislature to dispose of a host of minor bills expeditiously. As a general practice, the legislative leader- ship uses a special order to schedule debate, amendment, and passage of a bill at a single session. A bill can be designated for special order by a vote of two-thirds, or more commonly by selection by a priority-setting or policy commit- tee. Bills from appropriations and tax commit- tees might receive automatic special order privileges because of the necessity for their enactment. Some constitutions, including that of the United States, permit a vote on the final passag e of a bill to be oral and unrecorded unless a member calls for the ayes and nays. Ordinarily, GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 288 LEGISLATION a member is entitled to do this on any motion, including final passage. Immediately following a vote on final passage, a motion to reconsider can be made. In effect this motion requests another vote on the bill. Although the number of successful reconsiderations is small, the device can facili- tate additional compromise to accommodate competing interests on the issue. Generally, only one reconsideration of any vote is allowed, so both sides endeavor to gather switch votes after a close vote. The victorious side attempts to conduct the vote on the reconsideration immediately, so that the losers do not have time to marshal strength. In the U.S. Congress, a motion to reconsider is made routinely after every vote, to give the vote a finality by precluding such a motion at a later time. In a BICAMERAL legislature, once a bill is passed in one house, the chances for success in the second house are good because the bill has become a product of compromise. There is no concern about wasting time on a bill that can never succeed, because the bill has al ready cleared the other house. Busy legisla tors prefer not to repeat debates that have already been extensive in the first house, and they respect the value of cooperation between the two houses. A single bill must be passed by both houses of a bicameral legislature and be signed by the executive. If the houses pass identical but separate bills, one of the houses must approve the official bill from the other house. The presiding officer and the chief clerical official must verify passage of a bill by signing the official or enrolled copy before the bill is ready for the executive’s signature. After the final affirmative vote for passage in the first house, the bill is put into an official engrossment, or formal final copy, and transmitted to the other house for consideration. Because each house must pass the exact same bill, the form that is passed in the first house can be substituted for a parallel or companion bill in the second house. If the second house accepts the version that is adopted in the first house, it returns the bill with a message to that effect. The first house then enrolls, transcribes, and registers the bill on a roll of bills and submits it to the executive for signature. If the second house amends the bill, it returns the bill to the first house with a message requesting agreement on the changes. If the amendments are acceptable, a motion is made to concur and to place the bill on repassage. If the motion passes, all the formalities of a final vote are repeated for the bill in its amended form. If repassed the bill is enrolled in its amended form, signed by the legislative officers, and submitted to the executive for signature. When the two houses cannot agree on a final form for a bill, a complex procedure of compromise is attempted in a conference committee comprising usually three to five members from each house. If the conferees can reach agreement, a conference committee report is filed in both houses that reflects the final changes. Both houses must approve the report, without amendment, for the bill to be passed. Once the bill is approved by both houses, it is put into final form and transmitted to the executive. If the executive signs the ENROLLED BILL , it is filed with the SECRETAR Y OF STATE. The enrolled bill is then an act, a written law. Depending on the bill, the act may become effective upon signature of the executive or at some date specified in the bill. Executive Veto Power An executive can refuse to sign a bill and can return it to the legislature with a veto message explaining why. The legislature can attempt, first in the house where the bill originated, to override the veto by an extraordinary vote, usually a two-thirds majority. Governors in a majority of states also have the authority to select particular items from an appropriations bill and indivi dually veto them. This authority, called the line-item veto, became popular because it allowed the executive to cancel specific appropriations items from bills that were hundreds of pages long. Congress enacted the federal line-item veto authority in 1996 (2 U.S.C.A . §§ 691, 692) to give the president the ability to impose cuts on the FEDERAL BUDGET.InClinton v. City of New York, 524 U.S.417, 118 S.Ct. 2091, 141 L.Ed.2d 393 (1998), however, the Supreme Court ruled that the Line-Item Veto Act violated the Present- ment Clause under Article I of the Constitution. Under the Presentment Clause, after a bill has passed both Houses, but “before it becomes a Law,” it must either be approved (signed) or returned (vetoed) by the president. By canceling only parts of the legislation, the president, in GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGISLATION 289 effect, amends the law. The Court concluded that there was no constitutional authorization for the president to amend legislation at his discretion. The line-item veto, like a regular veto, can be overridden at the state and federal levels by a two-thirds majority vote. If the executive does not sign a bill or return it to the legislature with a message of disap- proval, the bill becomes law within a prescribed number of days. At the state level, the governor turns the bill over to the office of the secretary of state, and the fact that it became law without the governor’s signature is noted. If the legislature adjourns before the governor’s time for signing expires, the bill does not become law without the signature. The governor’s time for consideration has been curtailed, and the adjournment prevents the governor from returning the bill with a veto message. In this case the governor can defeat the bill by refusing to act, which produces a pocket veto. The veto power gives the executive a pivotal role in the legislative process, if the executive cares to assert his or her authority. Use of the veto power varies considerably, depending on the personality of the executive, the political allegiances of house members and indepen- dence of legislative leaders, local customs, and the quality of the work produced by the legislature. FURTHER READINGS “Clinton Becomes First President with Line-Item Veto. ” January 2, 1996. CNN Time: All Politics. Available online at http://www.cnn.com/ALLPOLITICS/1997/01/ 02/line.item/; website home page: http://www.cnn.com (accessed August 7, 2009). Davies, Jack. 2007. Legislative Law and Process in a Nutshell. Eagan, MN: West. Dewar, Helen, and Joan Biskupic. 1998. “Court Strikes Down Line-Item Veto.” Washington Post (June 26). Available online at http://www.washingtonpost.com/ wp-srv/national/longterm/supcourt/stories/wp062698. htm; website home page: http://www.washingtonpost. com (accessed August 7, 2009). CROSS REFE RENCES Commissioners on Uniform Laws; Congress of the United States; Engrossed Bill; Enrolled Bill; House of Representa- tives; Legislative History; Senate. LEGISLATIVE Pertaining to the governmental function of lawmaking or to the process of enacting laws. LEGISLATIVE ACTS Statutes passed by lawmakers, as opposed to court- made laws. LEGISLATIVE COUNCIL Research and support arm of state legislatures and assemblies. Council members research legislative issues, draft legislative proposals, prepare legal opinions, and provide general support services. Also called legislative counsel. State legislatures depend on research staff to investigate and craft legislative proposals. These staff members are generally grouped into one body called a legislative council, but the terminology varies from state to state. They usually are nonpartisan bodies composed of lawyers and other professionals who work year- round with legislators. Staff members are expected to be politically neutral and impartial on all issues. Individuals may be assigned to general topical research areas or to specific legislative committees. Legislative council staff members serve on standing committees, create research docu- ments, prepare implementing legislation, draft amendments, prepare rep orts on proposed administrative rules, and respond to research requests from legislators and legislative staff as well as other governmental agencies and the public. When the legislature is not in session the legislative council focuses on research projects that are of interest to legislators. Councils often publish reports on major issues that are of topical concern. Because federal laws mandate state compliance on a host of topics, legislative councils also must continually review federal regulations to determine their effect on current state laws and pending legislation. In addition, legislative councils serve as the institutional memories of state legislatures. Long-time staff members with particular exper- tise in a field are valuable as turnover occurs in legislative bodies. The often arcane procedures involved in drafting bills are usually left to legislative council members, who take legislative ideas and directions and craft them into statutory language. In many states the legislative council is respo nsible for the publication of the legislative session laws as well as the codified statutes and administrative regulations. During legislative sessions, council members sit with legislators in committee meetings and GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 290 LEGISLATIVE give both private and public advice. As legisla- tion is proposed, these staff members provide analysis as to the policy and budgetary effects these proposals would have on state govern- ment. The production of fiscal notes is a major task for council staff, as legislators need to know what impact a new program would have on the state budget in terms of both spending and revenue. In some states the legislative council is a two-tiered organization. The first tier is com- posed of a group of legislative leaders (e.g., senators); the second tier consists of the staff. The legislative members of the council set policy and research directions for the staff to follow. The form and function of a legislative council is mandated by individual state statutes. FURTHER READINGS Dye, Thomas R., and Susan A. MacManus, with Kristine Zooberg. 2008. Politics in States and Communities. 13th ed. Upper Saddle River, NJ: Prentice Hall. Moncrief, Gary F., Peverill Squire, and Malcolm E. Jewell. 2000. Who Runs for the Legislature? Upper Saddle River, NJ: Prentice Hall. Rosenthal, Alan. 1997. The Decline of Representative Democracy: Process, Participation, and Power in State Legislatures. Washington, D.C.: CQ Press. LEGISLATIVE COURT The term legislative court was coined in 1828 by Chief Justice JOHN MARSHALL, who wrote the opinion in American Insurance CO. v. Canter, 26 U.S. (1 Pet.) 516, 7 L. Ed. 242 (1828). In Canter, the High Court ruled that the U.S. Congr ess had the power to establish a federal court in the U.S. territory of Florida. Marshall held that Congress had this power under A rticle I, Section 8, Clause 9, of the U.S. Constitution. Marshall called courts created under this provision “legislative courts, c reated in virtue of the general right o f sovereignty, which exists in the government.” On the federal level, the congressional authority to create courts is found in two parts of the U.S. Constitution. Under Article III, Section 1, “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” Article III, Section 1, also provides that the judges in the Supreme Court and in the inferior courts will not have their pay diminished and will hold their office during GOOD BEHAVIOR. This section establishes an independent judiciary that cannot be influenced by threats of pay cuts or of removal without cause. Article III courts are called constitutional courts. Article I, Section 8, Clause 9, confers on Congress the power to “constitute Tribunals inferior to the supreme Court.” This authority is not encumbered by a clause requiring lifetime tenure and pay protection, so judges sitting on Article I courts do not have lifetime tenure, and Congress may reduce their salaries. Article I courts are called legislative courts. According to the U.S. Supreme Court, under Article I, the Framers of the Constitution intended to give Congress the authority to create a special forum to hear matters concerning congressional powers, and to further the con- gressional powers over U.S. territories under Article IV, Section 3. This authority allowed the government to create SPECIAL COURTS that can quickly resolve cases that concern the govern- ment. This is considered a benefit to society at large because it facilitates the efficient function- ing of government. The distinction between legisla tive courts and constitutional courts lies in the degree to which those courts are controlled by the legislature. Control of the judiciary by the legislature is forbidden under the separation- of-powers doct rine. This doctrine states that the three branches of government—executive, leg- islative, and judicial—have separate-but-equal powers. Legislative courts challenge this doc- trine because the pay rates and job security of their judges are controlled by a legislature. The U.S. Supreme Court has identified three situations in which Congress may create legis- lative courts. First, Congress may create legisla- tive courts in U.S. territories. This is because Congress has an interest in exercising the general powers of government in U.S. territories that do not have their own government. Such legislative courts exist in Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. The local courts of the DISTRICT OF COLUMBIA are also considered legislative courts. Second, Congress may create legislative courts to hear military cases. This is because Congress has traditionally maintained extraor- dinary control over military matters. The U.S. Court of Military Appeals is such a legislative court. Third, Congress may create legislative courts to hear case s involving public rights. Generally, GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGISLATIVE COURT 291 these are rights that have historically been determined exclusively by the legislative or EXECUTIVE BRANCH. The government is always a party in such cases, and such cases generally involve matters of government administration. On the federal level, the only Article I court established under the public right s doctrine is the U.S. TAX COURT. This court hears cases involving federal taxes, brought by or against the INTERNAL REVENUE SERVICE or another federal agency. Some scholars maintain that the public rights category of legislative courts could pose a threat to the independence of the federal judiciary. Because Congress is involved in many facets of life, these analysts fear that Congress could create an unacceptable number of courts that are not sufficiently independent. For the most part, that fear has not been realized. Congress has not created an inordinate number of Article I courts, and the U.S. Supreme Court has at times been vigilant in protect ing the independence of Article III courts. In 1982 the U.S. Supreme Court struck down a federal statute on the ground that it gave too much power to a legislative court (Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50, 102 S. Ct. 2858, 73 L. Ed. 2d 598). At issue in Northern Pipeline was the BANKRUPTCY Reform Act of 1978 (11 U.S.C.A. § 101 et seq.). This act created federal bank- ruptcy courts to hear bankruptcy cases. Before the act bankruptcy cases were heard by U.S. district courts, which were independent Article III courts. The new bankruptcy judges were given a tenure of 14 years, and their salaries were subject to adjustment. The new bankrupt- cy courts had the authority to decide contract and tort cases related to bankruptcy. According to the Supreme Court, the bankruptcy courts had been given the authority to decide issues of private rights, which gene- rally concern the rights of one private party in relation to another private party. Under the Supreme Court’s interpretation of Article I, Section 8, Clause 9, legislative courts cannot decide issues of private rights, so the bankruptcy courts were declared unconstitutional. Two years after the Supreme Court’s deci- sion in Northern Pipeline, Congress passed the Bankruptcy Amendm ents and Federal Judge- ship Act of 1984 (28 U.S.C.A. § 1408 et seq.). This act created a distinction between core and noncore bankruptcy proceedings. Core proceedings were matters directly related to bankruptcy; noncore proceedings involved an- cillary issues such as PERSONAL INJURY and WRONGFUL DEATH claims. Bankruptcy courts maintained jurisdiction in core proceedings. In noncore proceedings bankruptcy courts were limited to proposing findings of fact that could be thoroughly reviewed by a federal district court. FURTHER READINGS Braugh, Roger S., Jr. 1995. “Personal Injury and Wrongful Death Claims in Bankruptcy: The Case for Abstention.” Baylor Law Review 47. Cross, John T. 1993. “Congressional Power to Extend Federal Jurisdiction to Disputes outside Article III: A Critical Analysis from the Perspective of Bankruptcy.” Northwestern Univ. Law Review 87. Fallon, Richard H., Jr. 1988. “Of Legislative Courts, Administrative Agencies, and Article III.” Harvard Law Review 101. LEGISLATIVE FACTS Matters of such general knowledge that they need not be proven to an administrative agency that is deciding a question of policy. General information and ideas affecting a blanket increase in property valuations are an illustration of legislative facts, as distinguished from individual grounds for the assessment of each parcel of property, which are adjudicative facts—information pertaining to the businesses and activities of parties to administrative proceedings. LEGISLATIVE HISTORY Legislative history consists of the discussions and documents, including committee reports, hearings, and floor debates, surrounding and preceding the enactment of a law. Legislative history includes earlier, similar bills introduced but not passed by the legisla- ture; legislative and executive reports and studies regarding the legislation; transcripts from legislative committee hearings and reports from the committees; and floor debates on the bill. The legislative history of a statute is a unique form of secondary legal auth ority. It is not binding on courts in the way that PRIMARY AUTHORITY is. Federal and state constitutions, statutes, CASE LAW (judicial decisions), and agency regulations form the body of primary authority that courts use to resolve disputes. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 292 LEGISLATIVE FACTS As SECONDARY AUTHORITY, legislative history is used only to decipher the precise meaning behind an ambiguous statute or statutory provision. For example, suppose Congress passes a CRIMINAL LAW requiring that all persons under age 18 who appear in public after sundown must carry a federal identification card, which must be produced for law enforcement officers ON DEMAND. If the statute contains no definition of the phrase “in public,” a court faced with a case brought under it may have to consult the legislative history to determine precisely where minors may venture without the identification card. The value of legislative history in the law is similar to that of academic treatises: Both are extrinsic aids. Lawyers may use favorable language from legislative history and academic treatises when they are presenting arguments to a court, and courts may use it when they are attempting to interpret a statute. In some countries, such as England, courts may not consider secondary sources in making any decision. In these countries the potential for judicial abuse o f a secondary source such as legislative history is considered an unaccept- able risk to the legislative and judicial processes. Th e fear is that a judge could use one particularly unrepresentative statement from a lengthy legislative debate to incorrectly interpret a statute. North Haven Board of Education v. Bell, 456 U.S. 512, 102 S. Ct. 1912, 72 L. Ed. 2d 299 (1982) illustrates why legislative history is of secondary importance. The question in Bell was whether a federal statute, Title IX of the Education Amendments of 1972, 86 Stat. 373, 20 U.S.C.A. §§ 1681 et seq., barred gender- based discrimination in employment by educa- tional institutions. In answering the question in the affirmative, the majority opinion relied heavily on the remarks of Senator Birch Bayh, the sponsor of the legislation. The dissenting opinion relied heavily on remarks by the same senator in reaching a different conclusion. Not all legislative history in the United States has the same value. Generally, committee reports have the most weight with the judiciary. Remarks of legislators during floor debates have the least value. Committee hearings and reports from the president or governor are given varying weight, according to the court’s need for the information. Legislative history is never the only consid- eration in a case. In all cases, courts examine the Internet Sources for Federal Legislative History G B PO Access, http://www.gpoaccess.gov: From 103d Congress (1993) forward GPO Federal Digital System (FDsys), http://www. gpo.gov/fdsys: From 103d Congress (1993) forward Thomas (Library of Congress), http://thomas.loc. gov: From 101st Congre ss (1989) forward Library of Congress, Bills and Resolutions, http:// memory.loc.gov/amme m/amlaw/l whbsb.html: From 1799 through 1873 GovTrack.u s, http://www .govtra ck.us: From 103rd Congress (1993) forward Westlaw, http://www.westlaw.com (subscrip- tion access onl y): Availability varies by database Lexis, http://www.lexis.com (subscription access only): Availability varies by database HeinOnline, http://www.heinonline.org (subscrip- tion access only): Availability varies by database LexisNexis Congressional, http://web.lexis-nexis. com/congcomp (subscription access only): Congres- sional Serial Set dates back to 1789; availability of other documents varies FURTHER READINGS Barkan, Steven M., Roy M. Mersky, and Donald J. Dunn. 2009. Fundamentals of Legal Research, 9th ed. New York: Foundation Press. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGISLATIVE HISTORY 293 plain meaning of the words in the statute before looking at legislative history. The legislative history of federal statutes can be found in the various publications of special legislative commissions and legislative committee hearings an d in the Congressional Record. The Congressional Record is published by Congress each day that Congress is in session. It summarizes the proceedings of the previous day in both the Senate and the House of Representatives. Members of Congress also may publish unspoken remarks and all or part of their floor speeches. Collections of federal legislative history are maintained in law libraries and state government libraries. Thomson/West (formerly West Publishing Company) issues a compilation of the statutes passed in each session of Congress and their legislative history. This compilation, called the United States Code Congressional and Administrative News, is available in state govern- ment libraries, in law libraries, and on West’s online computer service, WESTLAW. The Internet has become a reliable and useful source for locating legislative history for recent bills and laws. The U.S. Government Printing Office’s Website, known as GPO Access, provides the full text of congressional bills, House and Senate committee reports, committee prints, hearing transcripts, the Congressional Record, and several other docu- ments. Availability of these documents depends on the individual document, but most are available from the mid-1990s onward. Another useful source is Thomas: Legislative Information on the Internet, produced by the LIBRARY OF CONGRESS . It provides access to recent bills, reports, debates, and other information. During the 2000s several subscription data- bases added historical legislative documents. For example, WESTL AW users may access the electronic versions of Statutes at Large dating back to 1789. Likewise, databases such as LexisNexis Congressional and HeinOnline have scanned thousands of pages of documents and made them available to users of those systems. Legislative materials on the state level are more difficult to acquire. In most states committee reports and transcripts of floor debates are stored at the state government library at the state capitol for a certain period of time, such as two years. After that period of time, they may be shipped to a state archives office. Some well-stocked law libraries may have history on state legislation. Each state generally provides the text of recent legislation through their Websites, and a growing number provide access to legislative history. However, the amount of information available varies widely from state to state. Moreover, the breadth of state legislative history is small compared with the information available about federal legislation. The availability of the history of local laws varies from jurisdiction to jurisdiction. Some large cities preserve committee reports and legislative comments on local laws; most small towns leave no trace of the intent behind their laws. Methods for storing state and local legisla- tive history vary widely. To find the legislative history of a particular state or local statute, people can consult the reference librarian at the appropriate state government library or at a law library. FURTHER READINGS Cross, Frank B. 2009. The Theory and Practice of Statutory Interpretation. Stanford, Calf.: Stanford Law Books. Kunz, Christina L., et al. 2000. The Process of Legal Research. 5th ed. Gaithersburg, Md.: Aspen Law & Business. CROSS REFERENCES Canons of Construction; Plain-Meaning Rule; Statute LEGISLATURE A legisla ture is a representative assembly of persons that makes statutory laws for a munici- pality, state, or nation. A legislature is the embodiment of the doctrine of popular sovereignty, which recog- nizes that the people are the source of all political power. Citizens choose by popular vote the legislators, or representatives, whom they want to serve them. The representatives are expected to be sensitive to the needs of their constituents and to represent their constituents’ interests in the legislature. Structure The federal legislature, the U.S. Congress, is BICAMERAL in structure, meaning that it consists of two chambers, in this case the House of Representatives and the Senate. Each state has a legislature, and all state legislatures have two houses, except the Nebraska Legislature, which has only one. State legislative bodies have various official designations, including state legislature, general assembly, general court, and legislative GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 294 LEGISLATURE assembly. Local legislatures are generally struc- tured differently from the state and national model. They may be called city councils or boards of aldermen and alderwomen. The traditional bicameral structure of state and national legislatures developed out of early U.S. societal distinctions between the public in general and the propertied, wealthy class. This structure provided for a lower house and an upper house. The lower-house legislators were elected by the general voting public, and it was believed that their votes were likely to be radical. The upper-house legislators were elected by voters who owned more property, and it was believed that they would be more mindful of concerns to property owners. Traditional bicameralism is still supported for various reasons. It is believed that because both houses must separately pass a bill in order for the bill to become law, bicameral legislatures are less likely to pass hasty, ill-considered laws or to be subject to public passions. Proponents of unicameralism (a one-chamber system) cite lower costs, simpler procedures, better execu- tive-legislative relationships, and legislative devel- opments that are easier for the public to follow. Federal and state legislatures range in size from the U.S. Congress, consisting of 535 members, to the Delaware Legislature, with fewer than 100 members. Legislatures organize themselves into a number of committees and subcommittees, which undertake in-depth study of issues within their area of expertise and focus. Each committee addresses the issues presented to it, recommends action, and changes bills before they are passed on for consideration by the full house. After members of one house pass a bill, it must go to the other house for approval. After both houses have approved a bill, it is presented to the president or governor to be signed into law or vetoed. U.S. state legislatures and the U.S. Congress organize their members according to political party affiliations. The political party that represents the majority of a particular house of the legislature is able to organize and control the actions of that house. The lower house of the legislature chooses a member of the dominant political party to serve as Speaker. The upper house chooses a member of the dominant political party to serve as president. Generally, the members of the different political parties meet separately to determine what actions their party will take in the upcoming session of the legislature. Thou gh there are exceptions, legislators tend to vote along party lines. Political parties are less able to command party loyalty from individual legislators in state legislatures than in the U.S. Congress. The Speaker of the lower house is the presiding officer of that house and is generally the most powerful member of the house. The full membership of the house chooses the Speaker. The duties of the Speaker include appointing members of the standing commit- tees in the lower house. The Speaker typically considers party membership, seniority, and the opinions of other party members in making these appointments. Unless there are house rules to the contrary, the Speaker may also refer bills to committee. It is the role of the Speaker to interpret and apply the rules of procedure that govern the actions of the house. In accordance with the U.S. Constitution, the vice PRESIDENT OF THE UNITED STATES officially presides over the U.S. Senate. Most state constitutions have similar rules, charging the lieutenant governor with the duty of presiding over the state’s upper legislative house. In states that do not have a lieutenant governor or do not give that individual power to preside over the upper house of the state legislature, a member of the upper house is selected by other members to serve as president of the house. The duties of the president of the upper house are similar to those of the Speaker of the lower house, although they generally do not include appoint- ing members to committees. Some states that do permit the preside nt of the upper house to The Texas Legislature gathers in January 2009 for the start of its 81st session. The relationship of state legislatures to state judicial and executive branches is very similar to the relationships among the t hree federal branches of government. ª BOB DAEMMRICH/ CORBIS. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION LEGISLATURE 295 appoint committee members diminish that power by making the appointments subject to approval by the whole membership of the house. In a state in which the lieutenant governor serves as president of the upper house, if there is a tie on a vote in the upper house, the president of the house must cast the deciding vote. In the U.S. Senate and in states in which the lieutenant governor presides over the upper house, the house selects one member to serve as president PRO TEM (for the time being) when the president of the house is absent. Legislative sessions are the periods of time in which a legislature conducts its business. Each legislative session of the U.S. Congress is called a Congress, lasts for two years, and is numbered consecutively. For example, the 110th Congress began in January of 2007 and ended in December of 2008. The 111th Congress began in January of 2009. Each Congress begins in the year following a biennial election of members and is divided into two one-year sessions. Most states have annual sessions, each lasting perhaps only a few months. The governor of a state may call a special session of the state legislature, outside its normal meeting times, to address issues that require immediate attention. Qualifications, Terms, and Compensation of Legislators Members of the U.S. Congress are chosen to represent a particular state. Each state may elect two U.S. senators. The number of U.S. representatives a state may elect is determined by the population of the state, with a minimum of one. Every state uses a district system to choose its state legislators. Under this system the state is divided into districts, often along county lines, with one or more legislators representing each district. The applicable national or state constitution sets the qualifications for individuals who are eligible to serve as legislators. These rules are generally not restrictive, including only age, citizenship, and residency requirements. U.S. citizenship is a universal requirement, as is a certain period of state residency. A legislator must live in the state or district from which he or she is elected. Every state requires that members of the lower house of the state legislature be at least 21 years old. The U.S. Constitution requires mem- bers of the House of Representatives to be at least 25 years old, and members of the Senate to be at least 30 years old. Congressional terms are six years for senators and two years for representatives. Terms for state legislators vary, but generally are either two or four years. Over the years there has been a push toward setting term limits in the U.S. Congress—that is, restricting the number of terms a U.S. legislator may serve. State legislatures have a higher rate of turnover and, therefore, do not generally face this issue. Legislators are compensated for their ser- vices at various rates, and many state legislators are considered underpaid. Legislators also receive reimbursement for their expenses, including mileage to and from their home district and the location of the legislature. Legislators usually have the authority, by virtue of powers given to the legislature, to raise their own salaries. But they are often reluctant to do so for fear of a negative public reaction. Relationship with Executive and Judicial Branches The purpose of a legislature is to make, alter, amend, and repeal laws. Legislatures are empow- ered to enact laws by virtue of legislative jurisdiction, which is the authority vested in them by the national or state constitution. The enumerated powers of Congress are provided for in Article I of the U.S. Constitution. In addition to their lawmaking duties, members of Congress also have the power to appropriate funds for government functions, institute taxes, regulate commerce, declare war, raise and support a military, approve presidential appointments, and impeach executive officers. Following the na- tional model, each state legislature derives its powers from the state constitution. In addition to the legislative branch, nation- al and state governments include executive and judicial branches. The head of the EXECUTIVE BRANCH at the national level is the president of the United States and at the state level is the governor. The executive branch enforces the laws enacted by the legislature. It can do so in a number of ways, including policing the streets and prosecuting those who violate laws. The judicial branch interprets the laws passed by the legislature. The courts first look to the exact language of a particular law. Sometimes the meaning of the statutory language is not clear to the court, or the application of the language to GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 296 LEGISLATURE the particular case before the court is doubtful. In such a circumstance, the court tries to determine what the legislature intended when it enacted the statute. Legislative intent can often be determined by looking at the history of the particular law and reading committee notes or congressional debates regarding the law. The judicial branch has developed many maxims of statutory inter- pretation over many years to help the courts carry out legislative intent when interpreting laws. FURTHER READINGS Brady, David W., and Craig Volden. 1997. Revolving Gridlock: Politics and Policy from Carter to Clinton. Boulder, CO: Westview. Loomis, Burdett A. 1997. The Contemporary Congress. New York: St. Martin’s Press. Rosenthal, Alan. 2008. Engines of Democracy: Politics and Policymaking in State Legislatures. Washington, D.C.: CQ Press. CROSS REFERENCES Congress of the United States; Judicial Review; Legislative History LEGITIMATE To make lawful, such as when a child is born prior to the parents' marriage and they subsequently wed and thereby confer upon the child the same legal status as those born in lawful wedlock. That which i s l awful, legal, recognized by law, or in accordance with law, such as legitimate children or legitimate authority; real, valid, or g enuine. CROSS REFERENCE Illegitima cy. LEMON LAWS Laws governing the rights of purchasers of new and used motor vehicles that do not function properly and which have to be returned repeate dly to the dealer for repairs. Laws in all 50 states and the DISTRICT OF COLUMBIA provide remedies to purchasers of defective new vehicles, often called lemons. These so-called LEMON LAWS protect consumers from substantial defects occurring within a specified period after purchase and provide that a manufacturer must either replace the lemon with a new, comparable car or refund the full purchase price. According to the consumer advocate group Consumers for Auto Reliability and Safety, automakers repurchase 50,000 vehicles a year, about .33 percent of the 15 million vehicles sold annually. California and Connecticut passed the first lemon laws in 1982, in response to dissatisfaction with remedies in state sales laws and the 1975 federal MAGNUSON-MOSS WARRANTY ACT (15 U.S.C.A. § 2301 et seq.). Magnuson-Moss and other laws previously in effect provided remedies for the breach of full warranties, but the auto- mobile industry typically provided only limited warranties. Other states quickly followed Cali- fornia and Connecticut in an effort to provide relief to new-car buyers under limited warranties. Lemon laws typically provide CONSUMER PROTECTION for owners of new cars, trucks, and vans. A significant minority of states also provide coverage for leased vehicles. Many states specify coverage for one year from delivery or for the written warranty period, whichever is shorter; a handful of states mandate coverage for the shorter of two years or 24,000 miles. Lemon laws cover only substantial defects, meaning defects that substantially impair the use, value, or safety of the vehicle. If a defect is safety related, the manufacturer is usually allowed just one chance to fix it before the owner may invoke the lemon law; if a defect impairs the use or value of a vehicle, the manufacturer is usually permitted three or four attempts to repair it. A consumer may also invoke the law if a vehicle is out of service for a certain number of days because of any combi- nation of substantial defects. The time out of service is cumulative, not consecutive, and ranges from 15 to 40 days. Paint defects, rattles, cosmetic flaws, jumpy suspensions, premature wear of the tires, and the like are not normally considered substantial defects. The purchaser of a new car typically returns to the dealership to have repair work done. Therefore, the dealer knows that a defect exists. However, lemon laws generally require that the purchaser give the manufacturer written notifi- cation of a problem within a specific time frame. The manufacturer then has a final opportunity to repair the vehicle before a lawsuit may be commenced. It has been argued that this notice requirement is unduly burden- some for consumers, who are often unaware of it. Consumer advocates have also argued that such notice is redundant. A substantial defect means that the defect would be covered by the automobile’s warranty. If a car requires repair for an item covered by warranty, it is done at no cost to the consumer. The manufacturer reimburses the dealer for the warranty repair; GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEMON LAWS 297 . language of a particular law. Sometimes the meaning of the statutory language is not clear to the court, or the application of the language to GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 2 96 LEGISLATURE the. becomes a Law, ” it must either be approved (signed) or returned (vetoed) by the president. By canceling only parts of the legislation, the president, in GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION LEGISLATION. decisions), and agency regulations form the body of primary authority that courts use to resolve disputes. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 292 LEGISLATIVE FACTS As SECONDARY AUTHORITY,