The General Assembly had not been in session for more than two weeks until the differences between the House of Delegates and the State Senate became obvious. The Founding Fathers who conceived the structure of government built in safeguards and checks and balances to ensure that a runaway government would be less possible. Two houses in the legislature was part of that scheme. The lower house would be elected by a popular vote but in the federal model the so called “upper house” was first elected by state legislatures before the popular vote was instituted. Another major difference in Virginia is that the House of Delegates 100 members were given two-year terms and smaller districts. The 40-member Senate was given 4-year terms and districts two and a half the size of delegate districts. The result is that in some parts of the state there are election contests where the delegate and the senator reflect different values and positions on issues. That is not the case in my district where Senator Janet Howell and I have taken the same position on every issue I can remember. These structural differences bring about different results as is being dramatically shown in the current General Assembly session.
In alternate election cycles, as is the case this year, senators and delegates all run for office. In light of the last election for House seats, I approached this legislative session with the hope that there might be more flexibility in the House leadership that might result in the consideration of bills that had been summarily defeated in past sessions.
My hopes have already been dashed.
Even this early the session has demonstrated the differences that the two-house legislature presents. Certainly, there has been strong public support for Virginia being the 38th and final state needed to ratify the Equal Rights Amendment. The Senate has already passed a resolution for ratification. In the House the resolution has not yet been considered, but there are statements of opposition from the House committee chairman. A major struggle seems to be looming between the two houses on the ERA which might need to be resolved by the voters at election time.
The same is true of establishing an impartial and nonpartisan system for legislative redistricting. The Senate has passed a bill to establish such a process while House leadership is expressing opposition. Since the legislation is a constitutional amendment, it is important that a resolution be passed this year and next to go to a popular referendum in 2020 in time for redistricting after the 2020 census results are known.
Sometimes differences between the two houses can be resolved in a conference committee if both houses pass bills on the same subject. If differences are not resolved, the bill dies. Legislation must be passed in identical form from both houses to be sent to the governor for signature. If the governor disagrees with the bill sent to him, he can send down amendments or veto the legislation. It takes a two-thirds vote of the legislature to override a veto.
Legislating with a two-house body can be cumbersome and difficult. Sometimes it seems to be easier to say how bills are defeated rather than how they pass. In either case, voters can be assured that the two-house legislature ensures full consideration of issues.