confirms appointments made by the President; it ratifie: treaties which often require executive action. The power of Congress to appropriate money also carries with it great influence in executing laws, for in many cases laws are of no force until an appropriation has been made. The only important judicial activity of Congress is in making and trying impeach

ments.

Other Branches Share in Law Making. It has just been shown that Congress shares in the work of law enforcing; it may now be noted that other branches.affect law making.

The President is not a part of the legislative department but most laws are signed by him. He makes treaties, ratified by the Senate, which become part of the law of the land. He recommends the passage of laws and by his executive acts may bring about conditions which almost compel Congress to legislate. Without actually making laws the executive branch of our government may be very influential in bringing them to pass.

The judicial branch often makes or unmakes laws by the power of the courts to interpret laws and to declare them unconstitutional. The Supreme Court has greatly increased the legislative responsibility of Congress by reading a wide meaning into parts of the Constitution. Such subjects as interstate commerce have been increasingly brought under the power of Congress by liberal interpretation of what has been called the "elastic clause" of the Constitution-"to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or office thereof." (Article I, Section 8, Clause 18.)

Problems of Congress. Newspaper cartoons often represent Congress as an incapable, bungling old man, who cannot be depended upon to do his work. Our jokes about Congress and much of our fault-finding are based upon a very shallow understanding of the great tasks which confront every session of Congress. The members of both houses rank very high in ability, honesty, and patriotism; they sincerely desire to serve their country efficiently. Intelligent study of such problems as those which are mentioned here may in time lead to needed changes; it will be more effective than unintelligent fault finding.

1. Representatives Elected Long Before Taking Office. Representatives are elected in November of even-numbered years. They do not take their seats until months later and are not convened in regular session until thirteen months after election. The public opinion which made their party successful may change a great deal in so long a time. Many favor a change in the law so that the time between election and actual participation in Congress may be much shortened.

2. Playing Politics in Congress. "Playing politics" in Congress causes much loss of confidence in our government. The very important place of politics in all activities of Congress has been shown. Public opinion is not slow in condemning any serious delay or sacrifice of the nation's interest because of petty party contests or jealousies. No law or system can ever wholly prevent the loss due to partisan struggles, but more intelligence upon the part of voters in all activities of Congress is gradually reducing the "waste of politics." Every seat in Congress can be filled by a man who places Nation above party in all matters.

3. Too Many Measures Introduced. Too many measures are introduced into Congress. Twenty-five thousand bills and

thousands of reports and resolutions in a single session are not unusual. Near the close of the short term, especially, these crowd upon each other so thick and fast that good laws may be lost, poor laws passed, and always much ill-considered legislation which causes confusion and work for the courts. Modern changes in industry and business bring a heavy load of needed legislation for every session of Congress.

Evidently law-making must be more and more guided by those who know, by experts who have given long-continued and serious study to our problems. More generally than now is the case, laws should be passed upon the recommendation of specialists. Drafting commissions, similar to those now maintained in several states, will provide expert assistance to members in preparing bills. This will prevent much waste due to honestly intended, but poorly worded or improperly drawn bills. There is no doubt that the business of Congress will be handled more efficiently when law-making is guided by fuller knowledge of modern problems.

State Legislative Departments. 1. Have a Wider Field Than Congress. State legislatures differ from Congress in the fact that their field is wider. As you have noted, Congress can make laws only upon subjects delegated to it in the Constitution. Aside from a few important restrictions imposed by the Constitution, states are sovereign, that is, supreme. It is important to observe also that states confer upon counties, cities, towns and school districts all the power they possess. These exercise whatever power the state finds it necessary or convenient to give them.

2. Organization Much Like That of Congress. The organization of all state legislative departments shows considerable uniformity and all resemble Congress in operation. There are two houses in each state; the Senate varies in membership

from seventeen to sixty-three; the House ranges between thirty-five and three hundred ninety; generally speaking, age qualifications are slightly higher for senators than for representatives; the term of office is longer in the upper than the lower house in about half of the states. A few legislatures have annual sessions but most of them meet biennially. More than forty meet early in January of odd-numbered years.

In their methods of work state legislatures are much like Congress, Governor and Lieutenant-Governor take the place occupied in the national government by President and VicePresident. The speaker, committees, caucuses, special sessions are all familiar terms and political parties are in control. Bills become laws in much the same way.

3. Too Much Law Making. Like Congress, state legislatures are very harshly criticized. Sometimes, there have been graft and dishonesty, but a more serious cause of dissatisfaction is the fact that many members of every state legislature know little or nothing about law-making, and so in spite of honesty and good intentions, are unduly influenced by lobbyists.

State legislatures are usually, however, real representative bodies. Nowhere is the saying more true, "If you elect rogues to represent you, they do." Popular distrust of state legislatures is based more upon their inefficiency than their active badness. Thus lack of confidence has led to the wide use of the initiative and referendum explained on pages 160, 161. The lasting effect of these in securing beneficial laws, it is still too soon to determine.

Probably the greatest need of state legislatures is less and better law-making. Each two years produces a huge mass of ill-considered and contradictory legislation. "Make as few laws as possible and then go home" was the excellent advice

of a governor to a legislature when it convened. We need more intelligent, expert study of modern problems before passing laws which will not work. Every state needs some kind of drafting commission to put laws into such form that they will not be contradictory nor of doubtful meaning. Most Americans depend too much upon law to make conditions better, when the only real solution lies in greater individual honesty, thrift, and a practice of the square deal. If we are justly accused of being a lawless nation, it is not because we have shown little confidence in legislation to solve our problems; it is because we have passed so many impossible laws that proper respect for law no longer exists.

Suggested Activities.

1. Write a brief statement giving definite information on the following points:

(a) Number of senators.

(b) Residence qualifications.
(c) Age qualifications.

(d) Citizenship qualifications.

(e) Term of office.

(f) Compensation.

(g) The presiding officer.

(h) The names of the senators from your state.

Compare the statements you have written with those prepared by others in your class.

2. Organize your class as if it were the House of Representatives and "pass a law."

3. Learn the names of the following:

(a) The senators from your state.

(b) The representative in Congress from your district.

(c) The state senator from your district.

(d) The state representative from your county or district. (e) The Speaker in the national House of Representatives. (f) The Speaker in the House of the State Legislature.

Find out what seems to be the most important measure before Congress or your State Legislature. Write for a copy of the bill, then discuss in class the merits of the proposed legislation.