If a ruler should wish to subvert the liberties of a people used to these guarantees, where would he begin?

What are some of the advantages possessed by a written constitution over an unwritten one? Of an unwritten over a written one? Is any part of our constitution unwritten?

CHAPTER XI.

BRANCHES OF GOVERNMENT.

Regulations and Laws.-When the school officers, acting for the people of the district, state formally what may and what may not be done by teachers and pupils, the formal expressions of governing will are called rules and regulations. Similar expressions by the town, village, city, or county authorities are called ordinances or by-laws. But when the state expresses its will through the regular channels, the formal expression is called a law.

The Three Branches of Government. After a law is made it needs to be carried into effect. Incidentally questions will come up as to its meaning and application. Government, then, has three great functions or powers with regard to law.

In our government, and to a greater or less extent in all free countries, these powers are vested in three distinct sets of persons. If one person or group of persons could make the laws, interpret them, and enforce obedience to them as interpreted, the power of such person or persons would be unlimited, and unlimited power begets tyranny. One of the purposes of a constitution is to limit the power of the government within its proper sphere, and to prevent misuse of authority; and this organization of the government in three departments, each acting independently so far

as may be, and acting as a check upon the others, is one of the modes of limitation.

The law-making, the law-interpreting, and the lawenforcing branches are called respectively the legislative, the judicial, and the executive branches.

CHAPTER XII.

THE LEGISLATIVE BRANCH.

Bicameral System.-The legislature of every state consists of two chambers or houses. The reason for this is that during colonial times most of the legislatures consisted of two houses, the governor's council and the representative assembly. Then on becoming states, each of the "old thirteen," except Pennsylvania and Georgia for a few years, organized bicameral legislatures. And the new states, being largely settled by people from the older states, naturally followed their example. The structure of congress has also had much influence.

The advantages to be derived from having two houses are numerous. Perhaps the only one which it is necessary to mention here is that it tends to prevent hasty legislation, because under this arrangement a bill must be considered at least twice before passage.

Apportionment.-As the population of a state is changeful, the constitution does not usually specify the number of members to compose each house. This is determined, within certain limitations imposed in the constitution, by the legislature itself. A re-apportionment is usually made every five years, after a census by the state or general government. The number of senators usually ranges between thirty and fifty; that of representatives from seventy-five to one hundred and fifty.

Meeting. The legislature meets biennially in most of the states. People are beginning to understand that they may suffer from an excess of legislation. Some of the English kings used to try to run the government without parliament, and frequent sessions of parliament were then demanded as a protection to popular rights. Hence our forefathers instinctively favored frequent sessions of the legislature. But such a necessity no longer exists, and for many reasons the states have with a few exceptions changed from annual to biennial sessions.*

Election.-State senators and representatives are both elected by the people. In some cases the states are divided into senatorial and representative districts in such a way that each elects one senator and one representative, the senate districts being of course the larger. In other cases, the state is divided into senate districts only, and each senate district chooses one senator and an assigned number of representatives. The former plan prevails in Wisconsin, for instance, and the latter in Minnesota. The number of representatives chosen in a senatorial district varies from one to half a dozen, dependent upon population. Illinois has a peculiar, and it would seem an excellent, plan. The state is divided on the basis of population into fifty-one parts as nearly equal as possible. Each of these districts may elect one senator and three representatives. In voting for representatives, a person may if he chooses mass his three votes on one candidate, or give them to two or three. The purpose is to enable a party in the minority by massing their votes to secure some representation.

Term. The length of term of legislators usually

* Extra sessions may be called by the governor. Mississippi has its regular sessions for general legislation once in four years, and special sessions midway between. Alabama has sessions only quadrennially.

depends upon the frequency of sessions. The general principle seems to be that representatives shall serve through one session and senators through two. For the lengths of terms, refer to the comparative legislative table on page 293.

Vacancy. In case of a vacancy in either house the governor orders a new election in the district affected. Individual House Powers.-Each house has certain powers conferred by the constitution having for their object the preservation of the purity and independence of the legislature. Among these are the following:

1. Each house is the judge of the election, returns, and qualification of its own members. Each person elected to either house receives from the canvassing board of the district a certificate of election, which he presents when he goes to take his seat. Should two persons claim the same seat, the house to which admission is claimed decides between the contestants. The contest may be based, among other things, upon fraud in the election, a mistake in the returns, or alleged lack of legal qualification on the part of the person holding the certificate. Into any or all of these matters the house interested, and it only, may probe, and upon the question of admission it may pass final judgment.

2. Each house makes its own rules of procedure. These, usually called rules of parliamentary practice, you can find in the legislative manual. Upon their importance as related to civil liberty, consult Lieber's Civil Liberty and Self-Government.

The power to preserve order applies not only to members but to spectators also. Disorderly spectators may be removed by the sergeant-at-arms. On the order of the presiding officer such persons may be placed in confinement during the remainder of the daily session.

Unruly members are as a general thing simply called to order. For persistent disorder they may be reprimanded or fined.* But in extreme cases they may be expelled. To prevent a partizan majority from trumping up charges and expelling members of the opposite party, it is a common constitutional provision that the concurrence of two-thirds of all the members elected shall be necessary for expulsion.

3. Each house chooses its own officers. Each house selects its own officers, usually a presiding officer, several secretaries or clerks, a sergeant-at-arms, a postmaster, and a chaplain. The sergeant-at-arms usually has a number of assistants appointed by himself or by the presiding officer, and there are a number of pages appointed by the presiding officer. The only exception to the rule enunciated is in those states having a lieutenant governor, who is ex officio president of the senate. Even in that case, the senate elects, in case of a vacancy, a president pro tempore.

Quorum. It would hardly be possible for all members to be present every day, therefore a number less than the whole should have authority to act. But this number should not be very small. The several constitutions fix the quorum for each house, usually at a majority of the members elected to it. But a smaller number has power of adjournment from day to day, so that the organization may not be lost; and it may compel the attendance of absent members, by sending the sergeant-at-arms after them.

Publicity. On the theory that legislators are servants of the people, the proceedings are made public, in the following ways:

1. Each house keeps a journal of its proceedings,

* See Among the Lawmakers, pp. 230-3.