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A Unicameral Legislature: Good Or Bad Idea?

by: robert.harding

Tue Jul 21, 2009 at 15:23:06 PM EDT


My friend Alan Bedenko wrote an interesting post on Sunday where he calls for the downsizing of the New York State Legislature from two houses to one house. The example he cites is Nebraska, whose state legislature is unicameral and, to go even further, elects its members in a non-partisan manner.

Alan isn't the first to bring this up. I know that a few members of this community have raised the prospects of downsizing the legislature from two houses to one. It is an interesting idea and one that is certainly worthy of discussion.

I am one who opposes the idea of a unicameral legislature. My reasons for this can be broken up into a few parts:

(1) The dysfunctional nature of the New York State Legislature. The dysfunction exists not because of our bicameral system, but because of the way business is conducted in both houses. Leadership is allowed to dominate and reform goes nowhere, especially if the leaders (i.e. Shelly Silver) don't like the reform that is being offered. A unicameral legislature wouldn't change that unless we change the ways of the legislature. So whether it's one house or two houses, we have work to do.

(2) A bicameral legislature has been proven to work at the highest level in our land. The House and Senate complement each other and both serve a purpose. In New York, the same could happen if we allow rank-and-file legislators to be just as important as the leadership. You don't see Harry Reid running for president. You see Barack Obama, formerly the junior senator from Illinois, or Hillary Clinton, formerly the junior senator from New York, running for president. Having legislators in New York be candidates for higher office would be a great gauge of how well or legislative system is working.

(3) While checks and balances exist no matter how many houses you have, there is a greater check when a bicameral legislature is in place. With two houses, you have a smaller check that each house places on the other. One house can disapprove of legislation while another house approves it. For example, the House and Senate have conference sessions that help form better bills so that it will pass in both houses. Having two houses that are operating efficiently helps and makes government better.

But the arguments for an unicameral legislature are strong. One point Alan brought up on Sunday is affordability. Paying legislators their base $79,500 salaries (plus all the added perks like paid travel expenses, daily living expenses and stipends for chairing committees or holding leadership positions) is expensive, even for a state like New York where we have 19 million people and a huge budget. Factor in the staffing for those senators and members of the Assembly and you are talking about a lot of taxpayer dollars going just for legislative payroll.

You could also make the case that reform would be easier with one house instead of two. Trying to institute reforms in both houses of our legislature has been a trying experience. For all the talk of reform in the New York State Senate, there has been very little said about reforms in the Assembly. If we are going to have an efficient and improved legislature, we will need both houses to be on board with reforms. So far, only the Senate has been the focus of reform.

Where do you stand? Do you support a unicameral legislature? Or would you rather have two houses that we improve upon and strive to fix the current system?

robert.harding :: A Unicameral Legislature: Good Or Bad Idea?
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Bicameral (4.00 / 1)
Your points are excellent.  For me, the final selling point is the check one house can have on the other.

In addition, with a properly constituted bicameral legislature, some reform might actually be easier.  In the case of rules reform within each house, if either house were to take the lead the other would have to follow.  This might have been the case if Malcolm Smith had been able to finish the term without the insanity; he was pushing for a wide variety of rules reforms (so much for Espada's claim that he was the reformer).  Had Smith been able to finish the job, Sheldon Silver would have been in a very uncomfortable position.

The problem is not with two houses, the problem is with the dysfunctional set of rules by which each house operates, and with the dysfunctional set of rules by which election districts are drawn, and by which elections are held and financed in this state.  Solve those problems (and they are capable of solution), and a lot of other things, such as balancing the budget while maintaining proper services and overseeing the "public" authorities, become a lot easier.


checks and balances (4.00 / 1)
I understand the sentiment but I'm not convinced.  It's one thing for the federal government to have two houses where one is seen as a nouveau house of commons and the other is a de facto house of lords, but we don't need that at the state level.  Checks & balances is meant, after all, to work between the various branches of government; interbranch, not intrabranch.

In any event, Robert and Dan are right about the rules reform being needed.  Obviously, a unicam could do that too.

I like the idea of the legislature being a public service rather than a job-for-life with a cush salary and cusher set of bennies.  

And if nothing else, it sends Espada back to Mamaroneck the Bronx.  

Buffalopundit  blog at WNYMedia.net


Everything BP said (0.00 / 0)
is also my opinion.

Good work thinking there BP.


[ Parent ]
Checks and balances... (4.00 / 1)
Can work intrabranch. Plus, as we have seen with Democratic majorities in both houses, one house can produce better legislation than the other on the same issue. That is what I meant by "checks and balances." It could be known as something else, but producing the best legislation is what these bodies should be doing.

I don't disagree with the notion that a unicameral legislature could implement rules reform. However, if we say that downsizing the state legislature is reform in its own right, we drop the ball. It isn't reform. It is only one small step. We then would need that house to implement rules reform, which isn't easy in New York.

I agree that serving the state in the legislature should be more about public service. However, the problem with their current posts isn't the salary. The problems are with all of the perks they receive. If they received only a salary and none of the other perks, I would be fine. But you factor in all of those additional perks and legislators are making over $100,000. There is something very wrong with that. They aren't full-time legislators. If they were, such perks could be better justified.


[ Parent ]
Unicameral (4.00 / 1)
I don't really buy the "internal checks and balances" argument. It may happen occasionally, but much more often it seems to generate deadlock. Also, the 14th Amendment forbids states from having the special apportionment that makes the US Congress' bicameral setup significant. We can't, for instance, have a state Senate with two Senators from each county.
Given that, I think that a unicameral legislature can enable one change that would help make the legislators more accountable: smaller districts. If the state Senate and Aasembly were consolidated into a single chamber that had as many members as the current Assembly plus, say, half the current Senate, each Assembly district could be smaller. This would allow "grassroots" or "outsider" candidates to more easily mount campaigns.

--- Mike Jones

Good idea (0.00 / 0)
But it will never happen.

I don't see going to a unicameral leg helping us one bit. (0.00 / 0)
If anything, it just further concentrates power in a system where power is already far too concentrated as it is. With or without rules reform it's too easy to dominate a single legislative body if a large portion of it's members are being elected out of the party machine. See "Sheldon Silver."

If we wanted to seriously overhaul things, I'd say let's try to do something different. For instance, have a state senate with one senator per county, weighted voting. The power balance would be around the same between urban and rural, but it would change the conversation and eliminate gerrymandering entirely. Or provide for a single, six year term of office in the State Senate instead of unlimited 2 year terms.  


I'd also support a weighted-voting Senate (0.00 / 0)
Question whether it would pass federal court muster, but having the senators represent non-gerrymanderable districts would make the state Senate actually worth something.

Of course we could also do that with a unicameral legislature!


[ Parent ]
I disagree about weighted voting (0.00 / 0)
The courts in the case of Nassau County ruled that weighted voting is illegal.  So much for your idea.  The only system we have that is legal is what we have now.  

What we have now are two houses each having exactly the same power as the other, except that the senate rubber stamps the governor's appointees.  The only difference is that they are gerrymandered differently.  A unicameral where each legislative district is drawn with the goal of not crossing county or, if possible, town lines would be much more effective and efficient.

To put it another way, if it came to laying off police, fire and hospital workers, vs. laying off 114 legislators, I would layoff the politicians.  One hundred legislators can be just as incompetent and crooked as the current collection of 214 idiots and assorted crooks, but at a much lower cost.


[ Parent ]
Unicameral. (0.00 / 0)
1) While the dysfunction does stem from other sources, the fact that for 40 years each House has BLAMED THE OTHER for the problems is a major part of how it's kept going.  Only with both houses in the hands of the same party has it been possible to get the pressure needed for any sort of reform.  A unicameral legislature would have no excuses.

2) No, it really doesn't work at the federal level.  The US Senate has been largely "where good bills go to die" for about a hundred years; before that, it was the last bastion of the defense of slavery.  It has evolved antidemocratic procedures like the filibuster, and then lost the actual deliberation which it was supposed to preserve.  It used to represent state governments; now it doesn't even do that, and state governments get shafted.  It's also profoundly anti-democratic, allowing a few voters in Wyoming, Alaska, and so forth to routinely suppress the needs of half the country (in NY and California and so forth).

3) What checks and balances?  I've never seen any from the bicameral legislature in practice.  I think this "benefit" from bicameral legislatures is illusory.  

And we have better checks and balances.  Our elected Attorney General, Comptroller, and Governor provide meaningful and serious checks and balances on each other and the legislature.  The two houses don't.  If they represented different things (for instance, if the Senate was made up of all the mayors in the state) they might -- but as it is they don't.

The Assembly has not been the focus of reform partly because it already had some reforms, after the failed Democratic leadership fight over reform (led by my then-Assemblyman) some years back.  They actually have committee hearings, votes, and so forth.  The Senate was actually much worse than the Assembly when this session started.


Unicameral (0.00 / 0)
A unicameral is a great idea for New York.  It is inexpensive, it is effective.  Half the countries in the world are run by unicamerals and in the bicameral countries using the British system, they are effectively unicamerals since the upper house is an honorary thing with no power.

As opposed to the Federal system, the NY Assembly and the NY Senate have exactly the same power except that the senate gets to rubber stamp the governor's appointees.  However they both represent exactly the same people just gerrymandered differently.  That in itself means there is no check and no balance, just a bunch of politicians overlapping each other. According to the state constitution, there is nothing an assemblyman can do that a senator cannot do and vice versa.

To put it another way, a unicameral of say 100 politicians can be just as incompetent and just as crooked as the current 214 losers we have today collecting state checks and state pensions.  If it is a matter of laying off cops, firefighters and hospital workers vs. laying off legislators, I'll be on the side of the police, fire and hospital service.


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