egislature appointed many of the judicial
and administrative officers; it was above the executive veto; it had
political supremacy; it determined the form of local governments and
divided the State into election precincts; it appointed the delegates to
the Continental Congress, towards which it displayed the attitude of
a sovereign. It was altogether the most important arm of the state
government; in fact it virtually was the state government. The Federal
Constitution created a government of specified powers, reserving to
the States all authority not expressly given to the central government.
Congress can legislate only on subjects permitted by the Constitution;
on the other hand, a state legislature can legislate on any subject not
expressly forbidden. The state legislature possesses authority over a
far wider range of subjects than Congress--subjects, moreover, which
press much nearer to the daily activities of the citizens, such as the
wide realm of private law, personal relations, local government, and
property.

In the earlier days, men of first-class ability, such as Alexander
Hamilton, Samuel Adams, and James Madison, did not disdain membership in
the state legislatures. But the development of party spirit and machine
politics brought with it a great change. Then came the legislative
caucus; and party politics soon reigned in every capital. As the
legislature was ruled by the majority, the dominant party elected
presiding officers, designated committees, appointed subordinates, and
controlled lawmaking. The party was therefore in a position to pay its
political debts and bestow upon its supporters valuable favors. Further,
as the legislature apportioned the various electoral districts, the
dominant party could, by means of the gerrymander, entrench itself even
in unfriendly localities. And, to crown its political power, it elected
United States Senators. But, as the power of the party increased,
unfortunately the personnel of the legislature deteriorated. Able men,
as a rule, shunned a service that not only took them from their private
affairs for a number of months, but also involved them in partizan
rivalries and trickeries. Gradually the people came to lose confidence
in the legislative body and to put their trust more in the Executive or
else reserved governmental powers to themselves. It was about 1835
that the decline of the legislature's powers set in, when new state
constitutions began to clip its preroga