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.