CONTEMPORARY GOVERNMENT

CHAPTER 14

America’s founding fathers carefully crafted

theUnited States Constitution. Our constitution

has been a very successful document. It has

guided us for more than 200 years.

Why has the United States Constitution been

so successful? Perhaps because it provides

fairness, flexibility, and stability. Why has our

republic form of democracy flourished? Could

it be due to the mutual respect and trust the

American people have in their government?

Americans participate in all levels of

government as voters and leaders. Our

constitution provides two important principles

of our democratic form of government. These

crucial principles are the “separation of powers”

and the system of “checks and balances.” These

principles are critical to maintaining our

democratic ideals and continuing our system of

self-government.

The “separation of powers” increases the

effectiveness of our complex system of “checks

and balances.” The Constitution provides two

methods of separating the powers of our

government.

One method divides our government into

three separate levels. These divisions create the

federal, state, and local levels of government.

Each level has specific powers and limitations.

The second method divides the federal, state,

and local levels into three branches. Each level

has an executive, legislative, and judicial branch.

Each branch has a specific function. The

legislative branch makes the laws. The executive

branch enforces the laws. The judicial branch

interprets the laws. Each branch has powers that

are checked by the other two branches.

In order to remain equal, each branch needs

to balance the power of the other two. In the

United States federal system, our government’s

authority, decision-making, and powers are

shared between the federal, state, and local

levels. Each level of government has specific

functions and specific limitations. Whether in

Washington D.C., Olympia, or in your

community, powers are shared between the

three levels of government.

When the members of a community, state,

or country are allowed to freely and actively

participate in the democratic system, their

country usually prospers. This is truly a

government of the people, by the people, and

for the people.

The Legislative Branch

At the Constitutional Convention of 1787, the

delegates reached a “Great Compromise.” This

compromise settled some very troubling issues.

What was the best way to organize the Congress

of the United States? How could the interests of

both the small and large states be protected? What

solution would be fair to all states in determining

the number of representatives from each? The

solution was rather simple.

The delegates of the Constitutional

Convention created a legislative body with two

houses. This two-house legislative system is a

bicameral Congress. The Founding Fathers

agreed that this would allow each state fair

representation. The two houses would form the

United States Congress.

Congress

The Constitution framed Congress as a twohouse

system. The “Upper House” was

designated as the United States Senate.

According to the Constitution, “…each state

shall be composed of two Senators….” Equal

representation in the Senate favored and

protected the interests of the small states.

The United States House of Representatives

was designated as the “Lower House.” The

United States Constitution states that each state

shall have at least one representative. The

number of total representatives would be solely

based on a state’s population. States with the

greater population would have more

representatives. This favored the large states.

The delegates of the Constitutional

Convention and the authors of the Constitution

understood the importance of representative

democracy.A major portion of the Constitution

is devoted to Article I, the Legislative Branch.

House of Representatives

The United States Constitution established

the House of Representatives as the Lower

House of Congress.

The total membership of the House of

Representatives is based solely upon population.

Originally, for every 30,000 people living in a

state, that state would gain another

representative. If this ratio still existed today, the

Lower House would have 9,500 members!

Fortunately this policy was changed early in the

1800s. Today, there are only 435 seats in the

United States House of Representatives.

The population census taken in 2000

determined that 285 million people live in our

country. Each state still has a minimum of one

representative. Today a state receives a seat for

every additional 655,000 people. For example,

the state of Washington, with nearly six million

people, has nine seats. After each census year,

the 435 seats are reapportioned among the states.

Each member of the House of

Representatives must meet certain constitutional

qualifications. He or she must be at least 25 years

of age. A member must have been a citizen of

the United States for seven years. Finally, he or

she must be a legal resident in the state and

congressional district they represent. For

example, a congressperson cannot live outside

their congressional district.

The term of office for each representative is

two years. All 435 members of the Lower House

are elected every two years in the general

election. Currently, there are no limits to the

number of terms a representative may serve.

The 435 members of the Lower House

establish and enforce their own rules,

procedures, and penalties. Rules are needed to

conduct the business of the House. The political

party controlling the greatest number of seats

after each election is identified as the majority

party. The other is the minority party.

The House of Representatives has the

responsibility of passing needed legislation into

law. Great financial legislative powers have been

given to the House of Representatives. All

legislative bills involving the spending of federal

dollars must first be introduced and passed by

the House. This means that the United States

federal budget must begin in the House of

Representatives. In other words, the House

controls the “purse strings!” Once the House has

passed the federal budget, it is sent on to the

Senate. After final passage in the Senate, the

budget goes to the president of the United States

for a final signature or presidential veto.

The second major responsibility unique to

the House of Representatives involves

impeachment. Any federal officer may be

impeached. This includes the President, Vice-

President, federal judges, Supreme Court

justices, and the like. The Constitution states that

if a public official has committed “…Treason,

Bribery, or other high Crimes and

Misdemeanors…”, that individual may be

formally accused or impeached. Articles of

Impeachment are drafted and voted on by the

representatives of the House. The impeached

official must then stand trial in the Senate.

All officials in the House of Representatives

are elected members. The highest leadership

position is the very powerful and influential

Speaker of the House of Representatives. The

Speaker Pro-Tem ranks second. The state of

Washington’s 5th Congressional District

Congressman, Thomas S. Foley, served as the

Speaker of the House of Representatives from

1989 to 1995.

Nearly 80 Washingtonians have served in the

United States House of Representatives. Perhaps

the most significant congresswomen were Julia

Butler Hansen, 1960-1975, and Catherine May,

1959-1971. Congressman Thomas Foley served

three decades in the House (1965-1995).

Senate

As previously discussed, each state is

required to have only two senators. The first

Senate had 26 senators from the 13 original

states. Today there are 100 United States senators

from 50 states.

Senators serve a term in office of six years.

One-third of the entire Senate is elected every

two years. Currently there are no limits on the

number of terms a senator may serve.

A senator must meet certain constitutional

requirements to be elected. They must be at least

35 years old, a citizen of the United States for at

least nine years, and a resident of the state that

elected him or her.

The Senate may propose, amend, pass or

defeat legislation offered in the Senate and or

by the House of Representatives. The members

of the Senate also have the authority to establish

and enforce rules, procedures, and penalties

needed to conduct the business of the Senate.

The Senate has many responsibilities. Senators

may confirm presidential appointments. They

also ratify foreign treaties and conduct all

impeachment trials. Finally, they elect the vicepresident

of the United States if the Electoral

College fails to do so.

Since achieving statehood, Washington has

had 24 United States senators. Thirteen have

been Republicans, and ten have been Democrats.

George Turner, who served from 1897-1903,

represented the Fusionist Party.

Washington has had many well-known

senators. Warren G. Magnuson, Democrat,

served 37 years, from 1944 to 1981. Henry M.

Jackson, also a Democrat, served 28 years, from

1955 to 1983. Slade Gorton, Republican, served

from 1981-1987, and 1989-2001. Other popular

senators include Daniel J. Evans (Republican,

1983-1989) and our current democratic senators,

Patty Murray, (1993-present) and Maria

Cantwell (2001-present).

State Legislature

Washington State also has a bicameral

(Senate and House of Representatives)

legislature. The state is organized into 49 state

legislative districts. The legislature has annual

sessions of 105 days in odd numbered years and

60 days in even numbered years. Each regular

legislative session begins on the second Monday

of January.

Special sessions are sometimes called by the

governor. The governor can call a special session

for a variety of reasons. The most common

reasons are either financial or because of an

emergency. When a special session is called it

can only last for 30 consecutive days. If the

legislation has not been approved, the governor

can continue to call sessions until it is resolved.

The lawmaking procedure in our state is basically the same as the one used by Congress. Lawmaking

processes are complex and at times lengthy. Nonetheless, these processes ensure a better overall quality

of bills and laws. The following is a brief discussion of the lawmaking process used by our state legislature.

Senate Bill #

When an individual or a group of citizens has identified a need, a state senator or state representative

can sponsor a bill. The procedures for drafting a bill are nearly the same in each house. For the sake of

illustration, a state senator will sponsor the following example of a bill.

The sponsor of a bill spells out the basic ideas and general wording of the bill to the Bill Drafting

Room Committee. The members of the committee write the formal language of the bill. Bills coming out

of the Drafting Committee are placed in the “hopper.”

First Reading

The proposed Senate bill goes to the Secretary of the Senate. The Secretary assigns a number to the

bill (SB = Senate Bill, or HB = House Bill) and records the number, sponsor, and title of the bill. Next, the

Senate bill goes to the first of three readings.

During the first reading, the Secretary of the Senate reads only the number, title, and sponsor of the

bill at a regular Senate floor session. The President of the Senate assigns the bill to the appropriate standing

committee. Each standing committee has a proportional balance of majority and minority members of

the whole Senate. If one party has a 2:1 majority ratio, then each standing committee must have the

same 2:1 balance of committee members.

The chairperson of the Senate standing committee is always a majority member. The standing

committee reads, discusses, amends, and holds hearings on the bill. After proper consideration, the whole

standing committee votes on a bill recommendation. These include Do Pass, Do Not Pass, or Do Pass with

Amendments recommendations. The recommended Senate bill then goes to the Senate Rules Committee,

which repeats the same hearing-recommendation procedure.

Second Reading

After clearing the Senate Rules Committee, a bill goes to the Secretary of the Senate for the second

reading. The second reading allows for floor debate and the passage of floor amendments. After floor

debate, the bill goes to the Rules Committee where the bill is placed on the calendar for the third reading.

Third Reading

During the third reading, the entire amended bill is read exactly as it would be as law. The senators

evaluate, discuss, and debate the merits of the proposed bill. After closing debate, the Senate members

vote.

If the proposed bill receives more than a constitutional majority (one-half plus one of the total

membership), the bill passes. If the vote is less than the constitutional majority, the bill fails. If the proposed

bill passes the Senate, it is then sent to the House of Representatives for consideration and passage.

House of Representatives

The Senate bill follows the same procedure in the House of Representatives as it did in the Senate. If

the proposed bill passes the House of Representatives, it is sent to the governor.

Governor

The governor can sign the proposed bill into law or reject the bill by exercising either an item veto or

a veto. If the legislature is still in session, the governor has five days to sign or veto the bill. If the governor

takes no action, the bill passes into law. If the legislature is not in session, the governor has 20 days to sign

the proposed bill. If he takes no action, the bill fails.

If the governor vetoes or item vetoes the bill, the legislature can override the veto with a two-thirds

majority vote of those present in both houses. A signed bill becomes a state law or statute.

The legislature establishes the annual

salaries for the senators and representatives.Any

salary increase does not go into effect until after

the next general election. All members of the

Washington state legislature areonly part-time

elected officials.

House of Representatives

The House of Representatives is the lower

house of the Washington State Legislature. There

are 98 representatives. Each is elected to twoyear

terms. The House of Representatives

membership may range from 63 to 99

individuals. All representatives are elected on

even-numbered years. They do not have any

term limits. Any registered voter is eligible to

hold office.

The Speaker of the House is the presiding

officer in the House of Representatives. The

Speaker, Speaker Pro-Tempore, Chief Clerk, and

Sergeant at Arms are elected by the full

membership. Both the House majority and

minority political parties elect their own leaders.

These leaders occupy positions similar to those

in the senate.

The procedure for passing bills is much like

in the Senate. (Please refer to the Vignette on page

195.) Most of the work is done in the standing

committees. The house currently has 19 standing

committees(please refer to chart).

Senate

The upper house of Washington’s legislature

is the Senate. There are 49 senators who are each

elected to four-year terms. One-half of the

senators are elected each general election on the

even-numbered years. According to the state

constitution, the senate membership may range

from 21 to 49 individuals. There are no term

limitations. Any registered voter is eligible to

hold office.

The members of the senate elect various

officials from their membership. These officials

oversee the operation of the Senate. These

positions include President of the Senate,

President Pro-Tempore, Assistant President

Pro-Tempore, Secretary of the Senate, and

Sergeant at Arms.

In the procedure for passing bills, much

work is done in the standing committees of the

Senate. The Senate currently has 14 standing

committees(refer to chart for the list).

The Executive Branch

Article II of the United States Constitution

establishes the “Executive Branch” of our federal

government. The main purpose of the Executive

Branch is to enforce the federal laws of the

United States.

Federal

The Executive Branch has many employees.

Some are elected. Others are either appointed

or hired. The President and Vice President of the

United States are elected. The President’s “White

House” staff, advisors, and administrative

employees are hired. The President appoints

cabinet member, directors of major departments,

and regulatory agencies. All these appointments

must be approved by the United States Senate.

President

The President is the “chief executive” of our

country. The Constitution of the United States

requires that the President and Vice President

both meet the same qualifications.

What are the qualifications to be president

or vice-president under the Constitution?

Candidates must be a natural born United States

citizen. Second, they must be at least 35 years of

age. Finally, they must have been a resident of

the United States for at least 14 years.

A president can only serve the office for a

term of four years. The Constitution originally

did not limit the number of presidential terms.

However, in 1951 the 22nd Amendment to the

Constitution of the United States set a limit to

the number of terms. That amendment limits the

President to only two four-year terms or a

maximum of ten years in office.

To be the President of the United States is a

great honor. The President is the leader of the

most powerful nation in the world. The office

represents a great opportunity to lead the

American people. It also carries a heavy burden

of responsibility.

State

Article III of the Washington State

Constitution organized and established the

“Executive Branch” of our state government.