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Massachusetts General Court

 
Massachusetts General Court

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Massachusetts General Court



 
 
The Massachusetts General Court (formally styled, The General Court of Massachusetts) is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial
Colonialism

Colonialism is the extension of a nation's sovereignty over Territory beyond its borders by the establishment of either settler or exploitation colony in which Indigenous people populations are direct rule, Population transfers, or Genocide....
 Era, when this body also sat in judgment of judicial appeals cases. Before the adoption of the state constitution in 1780, it was called the "Great and General Court," but the official title was shortened by John Adams
John Adams

John Adams was an Politics of the United States and the List of Presidents of the United States President of the United States , after being the List of Vice Presidents of the United States Vice President of the United States for two terms....
, author of the state constitution, apparently in the name of republican simplicity.






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The Massachusetts General Court (formally styled, The General Court of Massachusetts) is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial
Colonialism

Colonialism is the extension of a nation's sovereignty over Territory beyond its borders by the establishment of either settler or exploitation colony in which Indigenous people populations are direct rule, Population transfers, or Genocide....
 Era, when this body also sat in judgment of judicial appeals cases. Before the adoption of the state constitution in 1780, it was called the "Great and General Court," but the official title was shortened by John Adams
John Adams

John Adams was an Politics of the United States and the List of Presidents of the United States President of the United States , after being the List of Vice Presidents of the United States Vice President of the United States for two terms....
, author of the state constitution, apparently in the name of republican simplicity. It is a bicameral body. The upper house is the Massachusetts Senate
Massachusetts Senate

The Massachusetts Senate is the upper house of the Massachusetts General Court, the bicameral state legislature of the Commonwealth of Massachusetts....
 which is composed of 40 members. The lower body, the Massachusetts House of Representatives
Massachusetts House of Representatives

The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the State legislature of the Commonwealth of Massachusetts....
, has 160 members. (Until 1978, it had 240 members) The General Court was established in 1630 when the Massachusetts Bay Colony
Massachusetts Bay Colony

The Massachusetts Bay Colony was an English settlement on the east coast of North America in the 17th century, in New England, centered around the present-day cities of Salem, Massachusetts and Boston, Massachusetts....
 obtained a new charter. It meets in the Massachusetts State House
Massachusetts State House

The Massachusetts State House, also called Massachusetts Statehouse or the New State House, is the List of state capitols in the United States and seat of government of the Commonwealth of Massachusetts....
 in Boston, Massachusetts
Boston, Massachusetts

Boston is the State capital and largest city of the Commonwealth of Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is considered the economic and cultural center of the region, and is sometimes regarded as the unofficial "Capital of New England." Boston city proper had a 2007 est...
.

The current President of the Senate is Therese Murray
Therese Murray

Therese Murray is an United States politician from the state of Massachusetts. As of March 21, 2007 she is the President of the Massachusetts Senate, becoming the first woman to lead a legislative body in the state....
, and the Speaker of the House is Robert DeLeo
Robert DeLeo (politician)

Robert A. DeLeo is an United States politician from the state of Massachusetts. As of January 27, 2009 he is the Speaker of the Massachusetts House of Representatives, succeeding Salvatore DiMasi, who resigned due to allegations of an ethics violation....
. Democrats
Democratic Party (United States)

The Democratic Party is one of two major party contemporary political parties in the United States, along with the Republican Party . It is the oldest political party in continuous operation in the United States and it is one of the oldest parties in the world....
 hold super-majorities
Supermajority

A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a majority in order to have effect....
 in both chambers.

State Senators and Representatives both serve two-year terms.

House of Representatives

Each Representative represents about 40,000 residents. Representative districts are named for the primary county in which they are located, and tend to stay within one county, although some districts contain portions of adjacent counties. The current composition of the House is 141 Democrats and 19 Republicans.

Senate

There are 40 senatorial districts in Massachusetts, named for the counties in which they are located. The current composition of the Senate is 35 Democrats
Democratic Party (United States)

The Democratic Party is one of two major party contemporary political parties in the United States, along with the Republican Party . It is the oldest political party in continuous operation in the United States and it is one of the oldest parties in the world....
, 5 Republicans
Republican Party (United States)

The Republican Party is one of the two major party contemporary political parties in the United States, along with the Democratic Party . It is often called the Grand Old Party or the GOP....
.

Legislative procedure

Massachusetts State House Frontal View
The responsibility for enacting laws in Massachusetts rests primarily with the state legislature, known as the General Court. It is divided into two branches: a 160-member House of Representatives
Massachusetts House of Representatives

The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the State legislature of the Commonwealth of Massachusetts....
 and a 40-member Senate
Massachusetts Senate

The Massachusetts Senate is the upper house of the Massachusetts General Court, the bicameral state legislature of the Commonwealth of Massachusetts....
. The two legislative branches work concurrently on pending laws brought before them.

Lawmaking begins in the House or Senate Clerk's office where petitions, bills
Bill (proposed law)

A bill is a proposed new law introduced within a legislature that has not been ratification, adopted, or received royal assent. Once a bill has become law, it is thereafter an Statute; but in popular usage the two terms are often treated interchangeably....
, and resolves are filed and recorded in a docket
Docket

The word docket can mean:*A brief summary of a document, also called an Abstract .*A listing of items that an organization plans on discussing, also called an Agenda ....
 book. The clerks number the bills and assign them to appropriate joint committees. There are 26 of these committees, each responsible for studying the bills which pertain to a specific area (i.e., taxation, education
Education

File:Inukshuk Monterrey 1.jpgEducation can be seen as a product or a process and considered in a broad sense or a technical sense. According to philosophy of education George F....
, health care
Health care

File:Ear surgery on a patient.jpgFile:Monoclonal antibodies3.jpgHealth care, or healthcare, refers to the treatment and management of illness, and the preservation of health through services offered by the Medicine, pharmaceutical, Dentistry, clinical laboratory sciences , nursing, and allied health professions....
, insurance
Insurance

Insurance, in law and economics, is a form of risk management primarily used to Hedge against the risk of a contingent loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for a premium, and can be thought of as a guaranteed small loss to prevent a large, possibly devastating los...
, etc.). Each committee is composed of six senators and eleven representatives. The standing committees schedule public hearings for the individual bills, which afford citizens, legislators and lobbyists the opportunity to express their views. Committee members meet at a later time in executive session
Executive session

An executive session is a portion of the United States Senate's daily session in which it considers nominations and treaties, or other items introduced by the President of the United States....
 to review the public testimony and discuss the merits of each bill before making their recommendations to the full membership of the House or Senate. Note that the public may still observe "executive" sessions, but may not participate in these meetings. The committee then issues its report, recommending that a bill "ought to pass" or "ought not to pass" and the report is submitted to the Clerk's office.

The first reading of a favorably-reported bill is automatic and occurs when the committee's report appears in the Journal of the House or Senate Clerk. Matters not requiring reference to another Joint, House or Senate committee are, following the first reading, referred without debate to the Committee on Steering and Policy in the Senate (except certain special laws relative to a city or town), or placed in the Orders of the Day (the Calendar) without debate, for a second reading in the House. If a bill affects the finances of the Commonwealth, it is referred to the Senate or House Committee on Ways and Means after the first reading. If it affects county finances, the bill is read and referred to the Committee on Counties of the House (if the matter is reported into the House). Adverse reports ("ought not to pass") are also referred to the Committee on Steering and Policy in the Senate or placed without debate in the Orders of the Day for the next session of the House. Acceptance by either branch of an adverse report is considered the final rejection of the matter. However, an adverse report can be overturned. A member may move to substitute the bill for the report, and, if the motion to substitute carries, the matter is then given its first reading and follows the same procedure as if reported favorably by committee.

After a bill takes its second reading, it is open to debate on amendments and motions
Motion (legal)

A legal motion is a Legal procedure in law to bring a limited, contested matter before a court for decision. A motion may be thought of as a request to the judge to make a decision about the Legal case....
. Following debate, a vote is taken and if the bill receives a favorable vote by the membership, it is ordered to a third reading and referred to the Committee on Bills in the Third Reading. This amounts to preliminary approval of the bill in that branch. That committee examines technical points, as well as the legality
Legality

The principle of legality is the legal ideal that requires all law to be clear, ascertainable and non-retrospective. It requires decision makers to resolve disputes by applying legal rules that have been declared beforehand, and not to alter the legal situation retrospectively by discretionary departures from established law....
 and constitutionality
Constitutionality

Constitutionality is the status of a law, a procedure, or an act's accordance with the laws or guidelines set forth in the applicable constitution....
 of the measure, and ensures that it does not duplicate or contradict existing law. The committee then issues a report and returns the bill to the House or Senate for its third reading. At that time, legislators can further debate
Debate

Debate or debating is a formal method of interactive and representational argument. Debate is a broader form of argument than logical argument, which only examine the consistency from axiom, and factual argument, which only examine what is or isn't the case or rhetoric which is technique of persuasion....
 and amend
Amend

Amend as a verb means to change or modify something, as in:*Constitutional amendment*Amend , a motion to modify a pending main motion in parliamentary procedure...
 the bill. Following the third reading, the body votes on "passing the bill to be engrossed."

hey The bill must then pass through three readings and engrossment in the second legislative branch. Should that occur, it is sent to the Legislative Engrossing Division where it is typed on special parchment in accordance with the General Laws
General Laws of Massachusetts

Massachusetts General Laws, also known as the General Laws of Massachusetts, is a codification of many of the statutes of the Massachusetts....
. However, if the second branch passes an amended version of the bill, the legislation returns to the original branch for a vote of concurrence in the amendment. If concurrence is rejected, a conference committee
Conference committee

In the United States, a Conference committee is a committee of the legislature appointed by both chambers of the United States Congress to resolve disagreements on a particular Bill ....
 consisting of the three members from each legislative branch representing both political parties may be formed to effect a compromise piece of legislation. When a compromise is reached, the bill is sent to both legislative branches for their approval.

A vote "to enact" the bill, first in the House and later in the Senate, is the final step in the passage of a bill by the legislature. Following enactment, the bill goes to the governor
Governor

A governor is a governing official, usually the Executive of a non-sovereign level of government, ranking under the head of state. In federations, a governor may be the title of each appointed or elected politician who governs a constitutive state....
, who may sign the bill into law, allow it to become law without signing it (if the governor holds the bill for ten days without taking any action while the legislature is in session, it becomes law without his or her signature), veto
Veto

A veto, Latin for "I forbid", is used to denote that a certain party has the right to stop unilaterally a piece of legislation. In practice, the veto can be absolute or limited ...
 it, or return it to the legislature with recommended changes. If the legislature has concluded its yearly session, and the governor does not sign the bill within ten days, it dies. This is referred to as a "pocket veto
Pocket veto

A pocket veto is a legislative maneuver in United States federal lawmaking that allows the President of the United States to indirectly veto a bill....
." This ten-day period includes Sundays and holidays, even if they fall on the tenth day, and it begins the day after the legislation is laid on the governor's desk.

A bill signed by the governor, or passed by two-thirds of both branches over his veto, becomes a law. It is usually effective in ninety days. The day after the governor signs the bill is considered to be the first day, and each succeeding day, including Sundays and holidays is counted until the ninetieth. Laws considered "emergency" in nature take effect immediately upon signing if the legislature has voted to attach an "emergency preamble" to the bill. Adoption of the preamble requires a two-thirds standing vote of the membership. The governor may also declare an act to be an emergency law and make it effective at once. A special act takes effect thirty days from the day it is signed, unless it contains a provision to make it effective immediately.

See also

  • Governor of Massachusetts
    Governor of Massachusetts

    The Governor of the Commonwealth of Massachusetts is the executive magistrate of the U.S. state of Massachusetts, United States. The current governor is Democratic Party Deval Patrick....
  • Massachusetts Supreme Judicial Court
    Massachusetts Supreme Judicial Court

    The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere....


External links