Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
15. When was the present constitution of your state adopted? Was it
submitted to the voters before being put into effect? How many
constitutions has your state had since its admission to the union? Were
they all adopted by popular ratification? Who was the delegate from your
county to the last constitutional convention?
16. How may the constitution of your state be amended? Is a majority of
those voting at the election necessary to ratify, or only a majority of
those voting on the proposed amendment? How many times has the present
constitution of your state been amended? Do you think the method of
amendment is too rigid?
17. What is the purpose of a preamble to a constitution? Does the
preamble of your constitution contain a recognition of God?
18. What are the provisions in the bill of rights to your constitution
in regard to the rights of an accused person? in regard to freedom of
the press? freedom of assembly? freedom of worship? right of the people
to change their government?
CHAPTER IV
THE STATE LEGISLATURE
=Powers of the State Legislatures.=--The powers of the state
legislature, unlike those of the city council and those of the Congress
of the United States, are not set forth in the constitution. In general,
a state legislature may exercise any powers which are not denied to it
by the Constitution of the United States or by the constitution of the
state. Its powers, in other words, are residuary in character, rather
than delegated or granted.
_Limitations._--In recent years, however, mainly on account of the
popular distrust in which our legislatures have come to be held,
numerous limitations upon their powers have been imposed by the
constitutions of many states. Thus they are frequently forbidden
absolutely to pass local or special laws where a general law is
applicable, or they are allowed to enact such laws only under certain
restrictions. In most states, also, the legislature cannot run the state
into debt beyond a certain amount, and its power to impose taxes and
appropriate money is generally restricted. Finally, its power of
legislation has been limited by the present practice of regulating many
important matters in the constitution itself. In the newer constitutions
especially we find a large number of provisions relating to schools,
cities, towns, railroads, corporations, taxation, and other matters. To
that extent, therefore, the legislature is deprived of its power of
legislation on these subjects.
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