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Legislative Organization: An Overview

There is no "off the shelf" formula for creating a state legislature, and legislative assemblies in the United States illustrate the wide variety of organizational patterns—varying in size, structure and partisan composition.

Size
State legislatures vary in size, and they currently range from 49 to 424 total members. Legislative size has not remained static, however; numerous legislatures have changed size in the past four decades.

Structure
Bicameral or unicameral. A legislature may be divided into a Senate and House or Assembly (that is, be bicameral), or it may have only one chamber (that is, be unicameral). Today, 49 states have bicameral legislatures, and one—Nebraska—is unicameral.

This was not always the case, however. Most of the American colonies were governed by one-house legislatures, but this gradually shifted. By 1763, only two colonies (Delaware and Pennsylvania) continued to use unicameral legislatures. After independence, all but three states (Georgia, Pennsylvania and Vermont) adopted bicameral systems similar to that of the newly created U.S. Congress. Georgia's one-house legislature was short-lived, being replaced with a bicameral system in 1789. Pennsylvania moved to a two-chamber legislature in 1790. Until Nebraska, Vermont was the last state to use a unicameral legislature; it switched structural formats in 1836. Nebraska had a traditional two-house legislature while it was a territory and for nearly 75 years after it became a state. In 1934, Nebraska voters approved a constitutional amendment that changed the legislature to a nonpartisan, one-house body; the first session of the Nebraska Unicameral Legislature began in January 1937.

The structures of the legislatures for U.S. territories also vary. Three—American Samoa, Northern Mariana Islands and Puerto Rico—have bicameral legislatures, and three—District of Columbia, Guam and Virgin Islands—are unicameral.

Full-time or part-time. Categories of state legislatures may be established to illustrate degrees of professionalization. And it seems like an easy question: Which legislatures are full-time and which ones are part-time? But with 50 different formulas for designing a state legislature, it's difficult to paint this issue in black and white. So NCSL has done it in Red, White and Blue.

Partisan composition
Democrat...Green...Independent...Republican....State legislators differ in their political party affiliations, so every legislative election impacts the partisan composition of chambers in all states except Nebraska. Legislators in Nebraska are required to run on a nonpartisan basis.

While one political party typically controls a legislative chamber, equal splits in partisan composition occur more frequently than most people expect. A partisan stalemate does not mean the business of the state comes to a halt, however. Find out what legislative chambers have done when faced with legislative deadlock.
 

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Legislative sessions may be classified into three main types—regular session, special or extraordinary sessions, and the interim.

A “regular session” is the annual (or biennial) meeting of the legislative branch required by constitution. Frequently debated questions center around the best formats for a regular legislative session. Should a legislature meet annually or biennially? Should there be a limit on the scope of issues that may be debated? Should the length of the session be limited?

A “special or extraordinary session” is a specially-called meeting of the legislative branch. Special sessions may be  called by the governor or legislature.  Only the matters specified in the gubernatorial or legislative call may be discussed during a special or extraordinary session.

Use the NCSL legislative session calendars to find out when legislatures held regular sessions or any special sessions for particular years.

An “interim” is the interval or period between regular sessions of a legislature. During the regular session, legislators are immersed in the immediate issues and preoccupied with assessing particular bills and appropriations. They have little, if any, time to explore broad policy issues or conduct research and investigation in any depth. Indeed, the more severely the length of a legislative session is limited, the more important it is to carry out these activities during the interim. As a result, interim activity often becomes the “homework” of a legislature.
 

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Legislative Process: An Overview

Each legislature may establish its own rules of procedure. As a result, legislative processes vary—from state to state, from chamber to chamber, and from session to session.

Parliamentary Procedure. One of the best sources of comparative information about state legislative procedure is the joint publication of the National Conference of State Legislatures and the American Society of Legislative Clerks and Secretaries, Inside the Legislative Process.

In addition to their own Senate, House, Assembly or joint rules, many chambers also choose another parliamentary authority to cover issues not addressed in their own rules. Find out why almost three-fourths of the legislative bodies have selected Mason's Manual of Legislative Procedure as their official parliamentary authority.

If you want "the basics," consider NCSL's Parliamentary Procedure: A Legislators' Guide

Germaneness means the relevance or appropriateness of amendments or motions to the item under discussion; this may be one of the most difficult decisions that a presiding officer must face.

Committees. In a citizen legislature, there never seems to be enough time for all the necessary legislative business. Therefore, deliberative assemblies usually establish committees. Committees do the homework of the legislature. They are the central vehicles through which legislation must pass for scrutiny, debate and modification. Committees serve as the major access point for direct involvement by citizens and interest groups, providing a formal opportunity for input into the legislative process.

A committee chair is defined as “a member appointed to function as the parliamentary head of a standing or special committee in the consideration of matters assigned to such committee by the body.” Find out how these individuals are selected.

Legislative Information Technology. Technology is an integral part of the legislative process in all states today. More information on how legislatures use technology to improve efficiency is available on the NCSL website "Technology in State Legislatures."     

Glossary of Terms. Every occupation has its special jargon, and legislatures are no exception. NCSL offers an explanation of many terms used in legislative circles.
 

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They are often called the "temples of democracy." State capitols or state houses are the places where the legislatures tend to the business of the people. The beauty and grandeur of these buildings add an air of importance to the work that takes place there.

In order to conduct the business of the legislature, the capitol buildings must be maintained, upgraded to accommodate current technology, and secured to ensure that the public, and the occupants are safe to conduct state business.

State legislatures face great expectations for public access to government services and they have given high priority to delivering these services to promote a government readily accessible and responsive to its citizens. The significance of these efforts serves as a reminder of the balance that must be maintained between public safety for legislators and staff while also encouraging citizen participation in the legislative process.
 

Capitol Restoration and Space Utilization 

• State Capitol Restoration - links to articles and preservation websites, NCSL 2012. 
• State Capitols: Original Construction Dates - Table, NCSL 2011.
• Office Location - Governors & Other Constitutional Officers - Table, NCSL 2011.
• Capitol Restoration and Rehabilitation - NCSL Legisbrief, Kae Warnock, 2002.

Security

In the late 1960s and early 1970s a number of violent events caused legislatures to implement what might be thought of as the "first wave" of legislative security. Bombings of the Senate Chamber in Louisiana in 1970 and the U.S. Capitol in 1971 and anti-war demonstrations in numerous capitols across the country led to widespread concern for the safety of legislators, legislative staff and the public. In response, numerous state legislatures began to tighten security. These security measures were revisited following the bombing of the Alfred P. Murrah Federal Building in downtown Oklahoma City; and again following the terrorist attacks of September 11, 2001.

Since 1973, NCSL's National Legislative Services and Security Association (NLSSA) has provided training to its members in security issues unique to the legislature.

• Metal Detectors - 2007
• Statehouse Security State Legislatures magazine - Jan. 2008
• State Capitol Security in the News
• Bloggers Press for Power - (Press passes for bloggers.) State Legislatures magazine - Jan. 2007

Continuity of Government

Maintaining continuity of government during emergency situations is of growing concern to the states. Many legislatures have enacted legislation that provides clear instruction for lines of succession should members of the legislature or other elected officials be unable to perform their duties. They may also direct the relocation of state or local government when necessary.

State Government Plans (These pages are located on public websites.)

•  
• Maryland – includes operations manual and planning worksheets.
• Nebraska – Continuity of government plan.
• North Dakota -  General information and guides to assist in setting up a plan.
• Pennsylvania Office of Administration – includes a planning guide for government agencies.
• Virginia - Continuity of Operations Planning Toolkit

Presentations from past NCSL meetings

• Continuity of Constitutional Government and Legislative  Operations:  A Legislative Perspective. Earnest Sumner, House Sergeant at Arms, Florida presented at the NCSL Legislative Summit 2007 
• The Certainty of Pandemics: Why We Must Overcome “Pandemic Fatigue” and Prepare."  Scott McPherson, Florida Legislature in NALIT Newsletter 2007

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The term  "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18^th century French social and political philosopher. His publication, Spirit of the Laws, is considered one of the great works in the history of political theory and jurisprudence, and it inspired the Declaration of the Rights of Man and the Constitution of the United States. Under his model, the political authority of the state is divided into legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and acting independently.  

Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.  The intent is to prevent the concentration of power and provide for checks and balances.  

The traditional characterizations of the powers of the branches of American government are:

* The legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government. 

* The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch. 

* The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.

 Forty state constitutions specify that government be divided into three branches:  legislative, executive and judicial.  California illustrates this approach; "The powers of state government are legislative, executive, and judicial.  Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution."

 While separation of powers is key to the workings of American government, no democratic system exists with an absolute separation of powers or an absolute lack of separation of powers. Governmental powers and responsibilities intentionally overlap; they are too complex and interrelated to be neatly compartmentalized. As a result, there is an inherent measure of competition and conflict among the branches of government. Throughout American history, there also has been an ebb and flow of preeminence among the governmental branches. Such experiences suggest that where power resides is part of an evolutionary process. 

 This Web page provides resources for legislators and staff to use in addressing separation of powers issues.  It organizes them into broad categories and links to a diverse set of resources to illustrate how the doctrine applies to specific issues under each category.  The resources include law review articles, court cases and legislative reports.

• Alaska: Alaska Legislature, "Separation of Powers"
• Iowa:  Iowa Legislative Services Agency, "Legislative Guide to Separation of Powers," 2005
• Minnesota:  Minnesota House Research, "Separation of Powers: When Statutes and Court Rules Conflict," 2005
• Pennsylvania: Pennsylvania Legislature, "Separation of Powers"

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Background

To fulfill Mr. Mason's request, NCSL determined it would follow Mr. Mason's tradition of updating and reprinting the book approximately every 10 years. NCSL asked the American Society of Legislative Clerks and Secretaries (ASLCS) for assistance, and the Mason's Manual Commission was created to oversee the revisions of Mason's Manual.

The original Mason's Manual of Legislative Procedure was authored by Paul Mason in 1935, and Mr. Mason subsequently updated it six times. Prior to his death in 1985, Mr. Mason assigned the copyright of Mason's Manual of Legislative Procedure to the National Conference of State Legislatures (NCSL). He requested that the Manual continue to be updated and published.

The Commission, Its Membership and Its Responsibilities

The organization and duties of the Mason’s Manual Commission have been established by the ASLCS Executive Committee, and these are outlined in ASLCS Standing Orders Section XIII.

Per the ASLCS Standing Order, the Mason’s Manual Commission consists of 16 members. The members of the Commission are appointed by the ASLCS President. The ASLCS President makes appointments to the Commission when (1) a new Commission is created or (2) there is a vacancy on an existing Commission. The commissioners are veteran legislative staff, who have working experience with legislative parliamentary procedure, are familiar with Mason’s Manual and are committed to producing an exemplary edition of the book. The Commission chair and vice chair are elected by the commissioners. 

The main responsibilities of the Mason's Manual Commission are to:

• Promote the proper application of the rules of procedure in the legislative process.
• Preserve the integrity and historic perspective of the legislative manual developed by Paul Mason.
• Periodically review Mason’s Manual of Legislative Procedure.
• Serve as a resource in American legislative parliamentary procedure.

To date, various Mason's Manual Commissions have assisted NCSL with Manual revisions and other reviews:

• Mason’s Manual Revision Commission, which was responsible for the 1989 and 2000 editions.
• 2001 Mason’s Manual Study Commission, which reviewed the Commission’s mission, its membership appointment process and the revision process.
• 2010 Mason’s Manual Commission, which was responsible for the 2010 edition.
• 2020 Mason’s Manual Commission, which will be developing training materials and creating the 2020 edition.

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The National Conference of State Legislatures is nationally recognized as a formidable lobbying force in Washington, D.C.  NCSL’s state-federal activities are guided by its 12 standing committees.  These committees develop the official policy statements that determine our positions on the wide range of federal actions that affect the states.