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The Failed Diffusion of the Unicameral State Legislature, 1934–1944
Published online by Cambridge University Press: 18 September 2018
Abstract
The early twentieth-century witnessed numerous efforts to reform state government institutions, resulting in the widespread adoption of such reforms as the direct primary and citizen initiative. By contrast, efforts to establish unicameral state legislatures experienced success in just one state: Nebraska. In this article, I examine why movements to adopt one-house legislatures in other states failed in the wake of the Nebraska breakthrough of 1934. Using a most-similar case study research design, I compare the successful Nebraska effort to unsuccessful subsequent efforts in Ohio and Missouri, and I point to rural opposition as being the decisive factor explaining divergent outcomes across the three states. In Nebraska, the lack of malapportionment in the bicameral legislature meant that rural communities did not fear that unicameralism would lead to their diminished influence in state government, but in Ohio and Missouri (where malapportionment was high) rural communities used their structural advantages in state politics to shut down unicameralism efforts. The article's findings suggest that the bicameral state legislature is an important institutional legacy of the bygone era of rural dominance in American politics.
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References
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66. In letters to other supporters of unicameralism, Morton frequently argued that the most effective argument in its favor among convention delegates was that, if a unicameral body was good enough for the purposes of writing fundamental (constitutional) law, it should be good enough for the purpose of statute writing as well. See, e.g., Stratford Lee Morton to Arthur Willoughby, April 26, 1944, SLMCC MSS.
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69. Journal of the 1943–1944 Constitutional Convention of Missouri (Jefferson City, MO, 1944), July 18–19.
70. Stratford Lee Morton to Tilghman Cloud, February 15, 1944, SLMCC MSS folders 180–83.
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75. Debates of the 1943–1944 Constitutional Convention of Missouri, 7604.
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82. Under the initiative petition rules in place prior to the adoption of the new constitution, organizers were required to turn in signatures to the Missouri secretary of state no later than four months prior to an election in order to qualify for its ballot. Mo. Const. of 1875, art. IV, sec. LVII (amended November 3, 1908). Under the constitution adopted in 1945, organizers were required to turn in signatures no later than six months prior to a November election, thus depriving them of the ability to canvass during the summer. Mo. Const. of 1945, art. III, sec. L.
83. These states were Arkansas, Colorado, Maine, Massachusetts, New Hampshire, New York, South Dakota, Virginia, Washington, and Wisconsin. Data are from Tyler, “The Majority Don't Count.”
84. Senning, The One-House Legislature, 41.
85. Interestingly, South Dakota was the first state in the country to adopt the citizen initiative in 1898, but it only did so for the purpose of enacting statutes. The Mount Rushmore State did not give its voters the ability to initiate changes to the state constitution until 1974.
86. Ralph O. Hillgren, “One Amendment to Be Voted on at 1938 Election,” Daily Argus-Leader, March 5, 1937.
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88. “New Legislative Setup Scheduled for Vote in 1935,” Daily Argus-Leader, March 9, 1935.
89. “Problem of Apportionment is Studied by Committee, Preliminary Bill Offered,” Daily Argus-Leader, January 11, 1937; Hillgren, “One Amendment to Be Voted on at 1938 Election.”
90. States are considered to have low levels of malapportionment if capturing a majority in both of their legislative chambers necessitated winning seats accounting for at least 40 percent of the state population. States considered sites of significant unicameralism efforts met one of the following three benchmarks: (1) an organized interest group working on behalf of unicameralism existed in them across multiple years; (2) a unicameralism referendum was voted upon by the state electorate; or (3) a governor made unicameralism one of his signature issues and worked actively on its behalf.
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95. The policy diffusion literature is vast and includes studies examining diffusion across countries, American states, and localities. Some of its most important works examining diffusion across American states include Walker, Jack L., “The Diffusion of Innovation among the American States,” American Political Science Review 63 (1969): 880–99CrossRefGoogle Scholar; Gray, Virginia, “Innovation in the States: A Diffusion Study,” American Political Science Review 67 (1973): 1174–85CrossRefGoogle Scholar; Karch, Andrew, Democratic Laboratories: Policy Diffusion among the American States (Ann Arbor: University of Michigan Press, 2008)Google Scholar; Shipan, Charles R. and Volden, Craig, “The Mechanisms of Policy Diffusion,” American Journal of Political Science 52 (2008): 840–57CrossRefGoogle Scholar; Boushey, Graeme T., Policy Diffusion Dynamics in America (New York: Cambridge, 2010)CrossRefGoogle Scholar.
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98. Most of the very modest efforts to advance unicameralism in the second half of the twentieth century occurred within broader efforts to write or revise state constitutions. For example, during the Alaska Constitutional Convention of 1955–1956, delegates debated and rejected an effort to make the Alaska state legislature a unicameral body. See, e.g., Ross, Jonathan S., “A New Answer to an Old Question: Should Alaska Once Again Consider a Unicameral Legislature,” Alaska Law Review 27 (2010): 258–96Google Scholar. In the early 1970s, North Dakota and Montana each held state Constitutional Conventions in which supporters of unicameralism were a very modest presence. In each state, the unicameral proposals were voted down but later presented to voters as alternatives to the convention proposals for the legislature. It does not appear that the unicameralism referenda in either state were backed by organized campaigns on their behalf. Thus, it is not surprising that they failed in both states. Grau, Craig H. and Olsen, Dale W., Voting on Unicameral Referenda in North Dakota and Montana (Fargo, ND: University of North Dakota Bureau of Governmental Affairs, 1976)Google Scholar.
99. Investigating the post-1934 unicameralism movement in these states, as well as the others listed in Table 3, is beyond the scope of this article, but the author would be delighted if other researchers would take up this challenge.