CONTEMPORARY GOVERNMENT
CHAPTER 14
America’s founding fathers carefully crafted
the United 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, VicePresident, 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 are only 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.
The purpose of the Executive Branch is to
“enforce the laws” of our state.
Executive branch officials are usually elected
by a statewide ballot. However, some are
appointed by the state’s chief executive, the
governor. There are many other administrative
personnel who are hired as employees,
consultants, and contractors. The combined
effort of all elected, appointed, and hired
personnel enables the executive branch to
enforce our state laws.
Washington has a “divided” executive
branch of state government. There are nine state
officials elected by a statewide vote.
Washington’s “divided” executive officials
include the Governor, Lieutenant Governor,
Secretary of State, State Treasurer, Auditor,
Commissioner of Public Lands, Insurance
Commissioner, Attorney General, and the
Superintendent of Public Instruction. The
Washington State Legislature establishes the
salary for the governor and the other eight
executive branch officials.
Washington’s nine statewide elected public
officials must all meet the same constitutional
qualifications for holding public office. Each
person must be an eligible voter. An eligible
voter in Washington must be a United States
citizen, a legal resident of the state, at least 18
years of age, and a registered voter. If and only
if they meet all these qualifications can they run
for the office.
Washington’s governor and the “divided”
executive statewide officials are elected to fouryear
terms. Each candidate runs independently
from the other officials. There are no term limits
for any of these offices. These officials are also
elected in the general election. The statewide
candidate who receives the most votes for each
statewide office is declared the winner. The
popular vote determines the officeholder.
Governor
The “chief executive” of the state of
Washington is the governor. Washington’s
governor may serve an unlimited number of
four-year terms. The Washington State
Legislature sets the governor’s annual salary.
However, the salary cannot be changed during
a four-year term. The governor and the
governor’s family lives in the Governor’s
Mansion in our state capital, Olympia.
Washington state has had 21 governors since
we became a state in 1889. Twenty governors
have been males. Dixie Lee Ray, a Democrat, has
been the only woman to serve as governor. She
was governor from 1977 to 1981. Of the 21
governors, twelve have been Republicans, and
nine have been Democrats.
Elisha P. Ferry, a Republican, was
Washington’s first elected governor. He served
between 1889-1893. There have been several
influential governors who served more than one
term since World War II. Republican Governor
Daniel J. Evans has the distinction of being the
longest consecutive serving governor. He served
twelve years between 1965 and 1977.
Arthur B. Langlie, Republican, served three
terms in office. He served from 1941-1945 and
then from 1949-1957. Serving two full terms were
Democrats Albert D. Rosellini (1957-1965) and
Booth Gardner (1985-1993). Washington’s
current governor, Gary Locke, a Democrat, has
served since January of 1997. Governor Locke
has the honor of being the first Chinese
American governor in the United States.
Article III of Washington’s Constitution
provides the governor with substantial executive
powers. As the chief executive of Washington,
the governor must enforce the laws. In cases of
emergency, the governor may declare martial
law. As Commander in Chief, the governor can
use our state militia, the Washington National
Guard, to maintain security and to safeguard our
citizens.
Washington’s governor has extensive
powers associated with the Washington State
Legislature. Each year the governor gives a
“State of the State” address to the Washington
State Legislature. This speech takes place in early
January. It is given to a joint session of the
legislature. The governor requests special
legislation and promotes favored legislative
programs. The governor hopes the legislators
will act upon the requests during the session.
The governor must sign a legislative bill
before it becomes a law. Once presented with a
bill, the governor must either sign or veto the
bill within five days during a legislative session.
If the legislature has adjourned, the governor
may “pocket veto” after 20 days. If the governor
opposes a section of a bill, he or she may “item
veto” that section. If the governor opposes the
entire bill, he or she will veto the entire bill. If
the governor does not sign the bill into law, the
vetoed section or bill is sent back to its house of
origin. The governor cannot veto an initiative
or a referendum passed by the state’s voters.
The Judicial Branch
Remember our sample bill and how it
became a law? The law was written and
approved by both houses of Congress. The law
was signed by the President and enforced by the
executive branch. What is the final “check” for
this law according to the Constitution? Yes, that
is correct, the judicial check. The main function
of the judicial branch is to “interpret” the laws.
The judicial branch is the third branch of the
United State federal government.
The Federal Court System
Article III of the Constitution established the
judicial branch of our federal government. The
article describes the organization, structure, and
function of our judicial system.
Actually, this article of the Constitution only
established and set guidelines for the highest
court, the Supreme Court. The Supreme Court
is our court of last resort. It is the final decisionmaker
on the interpretation of the Constitution.
Article III does not identify any other specific
court other than the Supreme Court. The article
does, however, specify that Congress can
establish other lower courts. Congress used its
powers to create three additional tiers in our
judiciary system. The federal court system has
three levels. These are the Supreme Court, courts
of appeals, and the federal district courts. In
addition, Congress created several special courts
— military, tax, probate, customs, and the like.
What are the minimum qualifications
required by the Constitution for a federal judge
or Supreme Court justice? To qualify as judge
or justice, the individual must be a United States
citizen and an eligible voter. Any 18 year-old
United States citizen with no formal legal
training could qualify to be judge or justice!
However, the vast majority of federal judges and
Supreme Court justices have extensive legal
training and experience.
The president appoints all federal judges and
Supreme Court justices. Their appointment is for
life. When a court position is vacant, only then
does the president have the opportunity to fill
the vacancy. Of all the appointments a president
makes, this is probably the most important.
How does a vacancy occur in our federal
court system? A court vacancy may occur
because a federal judge or a Supreme Court
justice is removed by impeachment, resignation,
retirement, or death.
Supreme Court
The United States Supreme Court is located
in Washington, D. C. The Supreme Court is the
highest court in the United States. It is sometimes
referred to as “the court of last resort.” Any issue,
or point of law, could work its way from a local
court all the way to the Supreme Court.
The Supreme Court has nine justices. There
are eight associate justices and one chief justice.
The current chief justice is William H. Rehnquist.
To be selected as a Supreme Court Justice is
an honorable accomplishment. One
Washingtonian has received the distinction of
becoming a justice of the Supreme Court. Justice
William O. Douglas was born and raised in
Yakima, Washington.
He was stricken at a young age with painful
infantile paralysis. Despite this condition, he was
a naturalist who enjoyed hiking and being
outdoors. He wrote many books about his
experiences in the wilderness.
Justice Douglas was appointed by President
Franklin D. Roosevelt in 1939 and served on the
high court until 1975. He made tough decisions
regarding abortion, civil rights, and many others
during his term. This justice served our country
for 36 years and 209 days. He served longer than
any other justice in our nation’s history.
Courts of Appeals
The courts of appeals provides an appellate
court to hear criminal and civil cases on appeal.
When a decision is made by a lower court, it may
be appealed to a higher appellate court. This
second tiered court has only appellate
jurisdiction. Congress has created 11 courts of
appeals. Any appealed guilty verdict or civil
decision involving the residents of the state of
Washington would be assigned to the 9th District
Court of Appeals located in San Francisco,
California. A ruling by a panel of appellate
judges can only be appealed to the highest court,
the Supreme Court.
Federal District Court
The federal district court system is our
lowest federal court within our three tiered
system. Congress has established, at least, 106
federal district courts. These courts are found
throughout the country.
The number of judges in each district court
is based upon the population and case load. For
example, our district courts are located in Seattle
and Spokane. Congress can create more federal
courts as they become needed.
State Court System
The primary purpose of the state judicial
branch is to interpret state laws. Washington’s
court system has several different levels. These
court levels include the Washington State
Supreme Court, the Washington Courts of
Appeals, superior courts, district courts, and
local juvenile and municipal courts.
Washington State Supreme Court
Washington’s highest court is the
Washington State Supreme Court. The
Washington State Supreme Court is located in
the Temple of Justice Building in Olympia.
The Supreme Court’s judicial jurisdiction
includes criminal and civil cases on appeal and
constitutional interpretation. Decisions of the
Washington State Supreme Court may only be
appealed to the United States Supreme Court.
The Washington State Supreme Court’s
bench has nine elected justices. These justices are
elected by a statewide general election for a sixyear
term. Three justices are up for re-election
every two years. The individual justice with the
least time remaining on his or her term on the
bench is selected as the Supreme Court Chief
Justice. The justices are paid from the budget of
the Washington State Legislature.
Washington State Courts of Appeals
Washington’s second highest courts are the
Washington State Courts of Appeals. The state
courts of appeals hear and rule on civil and
criminal cases appealed from lower courts in
Washington. The court judges may overturn or
agree with a lower court ruling. Criminal and
civil cases heard by the state courts of appeals
may be further appealed to the state supreme
court.
The state courts of appeals have three
divisions within the state. Each division has
three smaller districts. Division I consists of three
northwestern Washington districts. The districts
have a total of nine judges. Division I is
headquartered in Seattle.
The headquarters for Division II is in
Tacoma. It has three southwestern Washington
districts with four judges. Division III
headquarters is in Spokane. Its three eastern
Washington districts also have four judges. All
17 Washington State Courts of Appeals judges
are elected to six-year terms.
Washington Superior and District Courts
Washington is divided into 30 superior court
districts with more than 154 superior court
judges. Each judge is elected to four-year terms.
Superior courts preside over felony criminal
cases. They also handle civil cases involving
judgements of more than $25,000.
Lesser civil and criminal matters are heard
by the district courts of Washington’s 39
counties. District court judges are elected to fouryear
terms. Municipal, traffic, juvenile, justices
of the peace, and the like exist in every county
of Washington state.
County Government
Washington state is organized into 39
counties (please refer to county map in Appendix).
Three county commissioners govern each
county. Other elected county officials may
include the sheriff, treasurer, auditor,
prosecuting attorney, assessor, clerk, coroner,
and others. Salaries for county officials are based
on the county’s population and size. Most
county officials are elected to four-year terms.
Home Rule
Washington’s two most populated counties,
King and Pierce, have a council form of “home
rule.”A county executive oversees the county’s
day-to-day business. For example, the King
County Chief Executive, Ron Sims, works with
the King County Council to administer the daily
needs of the county.
City Government
Local government can be very diverse. Each
local community selects its own form of
organization. Cities and towns may elect a
mayor, a city council, or hire a city manager.
Usually a mayor-council or council-manager
form of government is chosen. Cities and towns
are incorporated. Many people live in
unincorporated areas where their concerns are
handled by the county structure.
Summary
Our government is divided into three
separate levels. Each level is able to “check and
balance” the power of both other levels. Through
“separation of powers” our national and state
governments are able to function democratically.
The legislative, executive, and judicial
branches each have unique and important
responsibilities. In short, the legislative branch
makes the laws, the executive branch enforces
the laws, and the judicial branch interprets the
laws.
Each state is represented in Congress, in our
two-house system. The House of
Representatives and the Senate together make
up Congress.
Our state government is very similar to our
national system. The success of our government
depends on we the people. We must be
informed, stay actively involved, and remember
to exercise our right to vote.