State Legislature (United States) - Composition

Composition

Every state except Nebraska has a bicameral legislature, meaning that the legislature consists of two separate legislative chambers or houses. Nebraska has a unicameral (one-chamber) legislature. In all bicameral legislatures, the smaller chamber is called the Senate and is usually referred to as the upper house. (Nebraskan legislators are referred to as senators for historical reasons; the new legislature was created by removing the section of the constitution specifying the lower house, effectively abolishing it and causing the Senate to subsume all legislative authority). The smaller, upper chamber usually, but not always, has the exclusive power to confirm appointments made by the governor and to try articles of impeachment. (In a few states, a separate Executive Council, composed of members elected from large districts, performs the confirmation function.) Members of the smaller chamber represent more citizens and usually serve for longer terms than members of the larger chamber, generally four years. In 41 states, the larger chamber is called the House of Representatives. Five states designate the larger chamber the Assembly and three states call it the House of Delegates. Members of the larger chamber usually serve for terms of two years. The larger chamber customarily has the exclusive power to initiate taxing legislation and articles of impeachment.

Prior to United States Supreme Court decisions Reynolds v. Sims and Baker v. Carr in the 1960s, the basis of representation in most state legislatures was modeled on that of the U.S. Congress: the members of the smaller chamber represented geography and members of the larger chamber represented population. In 1962, the United States Supreme Court announced the one person, one vote standard and invalidated state legislative representation based on geography. (One person, one vote does not apply to the composition of the U.S. Senate because that chamber's makeup is prescribed by the U.S. Constitution.)

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