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 law-enforcing branches are called respectively the legislative, the judicial, and the executive branches.
CHAPTER XII.
THE LEGISLATIVE BRANCH.
Bicameral.—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, 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 necessity no longer exists, and for many reasons the states have with a few exceptions changed from annual to biennial sessions. [Footnote: 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.]