75-402: The General Assembly of Arkansas is the state legislature of the U.S. state of Arkansas . The legislature is a bicameral body composed of the upper house Arkansas Senate with 35 members, and the lower Arkansas House of Representatives with 100 members. All 135 representatives and state senators represent an equal number of constituent districts. The General Assembly convenes on
150-401: A bill from a committee", which led to subsequent reforms. Reports of Committee After a committee has completed work on a bill, it reports the bill to the appropriate house during the "reports of committees" in the daily order of business. Reported bills are immediately given a second reading. The houses do not vote on a bill at the time it is reported; however, reported bills are placed on
225-563: A bipartite democratic system of government. The "freemen" elected the General Court , which functioned as legislature and judiciary and which in turn elected a governor, who together with his seven "assistants" served in the functional role of providing executive power. Massachusetts Bay Colony (founded 1628), Rhode Island (1636), Connecticut (1636), New Jersey , and Pennsylvania had similar constitutions – they all separated political powers. John Locke (1632–1704) deduced from
300-410: A certain number of persons selected from the legislative body, there would be an end then of liberty; by reason, the two powers would be united, as the same persons would sometimes possess, and would be always able to possess, a share in both. Montesquieu actually specified that the judicial independence has to be real, and not merely apparent. The judiciary was generally seen as the most important of
375-562: A committee to "kill" a bill, sometimes without even a public vote; in Colorado, the power was notably repealed in a citizen initiative constitutional amendment in 1988 driven by various reform groups. When a committee refuses to vote a bill out of committee, a discharge petition can be passed by the broader membership. The specifics vary from state to state; for example, in 2004, a report found that New York State "places more restrictions than any other state legislature on motions to discharge
450-419: A government that is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control of the government; but experience has taught mankind the necessity of auxiliary precautions. This policy of supplying, by opposite and rival interests,
525-506: A majority party, this is known as the majority being "rolled". When there are bills which most of the majority oppose, roll rates are a measure of the majority party's avoidance of voting on those bills. Committee review Committees review bill, often holding hearings to gather information and opinions, and can propose amendments to bill similar to legislative bodies throughout the world. Most bills cannot be enacted into law until it has been referred to, acted upon by, and returned from,
600-605: A seat in the General Assembly when she was elected to the Arkansas House of Representatives . The General Assembly of Arkansas is responsible making and amending the laws of Arkansas . The legislative process is similar to that of other state legislatures in the United States. Bills undergo committee review and three readings on the floor of each house of the legislature. The governor has veto power, but
675-652: A significant part in the exercise of more than one function, this represents a fusion of powers . In the Roman Republic , the Roman Senate , Consuls and the Assemblies showed an example of a mixed government according to Polybius ( Histories , Book 6, 11–13). It was Polybius who described and explained the system of checks and balances in detail, crediting Lycurgus of Sparta with the first government of this kind. John Calvin (1509–1564) favoured
750-884: A simple majority of both houses of the legislature can override that veto. Legislators also select 20 state representatives and 16 state senators to serve on the Arkansas Legislative Council, which oversees the Bureau of Legislative Research and acts as an organizing committee for the legislature. Amendment 73 of the Arkansas Constitution , approved by voters in the 1992 state general elections, set term limits for representatives and senators. representatives were limited to three two-year terms (six years); senators were limited to two four-year terms (eight years). Amendment 73 also set term limits for U.S. senators and representatives, but this part of
825-470: A standing committee in each house. Reference to committee usually follows the first reading of the bill. Each committee is set up to consider bills relating to a particular subject. Standing committees are charged with the important responsibility of examining bills and recommending action to the Senate or House. Often on days when a legislature is not in session, the committees of each house meet and consider
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#1732772904502900-604: A study of the English constitutional system the advantages of dividing political power into the legislative (which should be distributed among several bodies, for example, the House of Lords and the House of Commons ), on the one hand, and the executive and federative power, responsible for the protection of the country and prerogative of the monarch, on the other hand, as the Kingdom of England had no written constitution. During
975-545: A system of checks and balances . In this way, Calvin and his followers resisted political absolutism and furthered the growth of democracy. Calvin aimed to protect the rights and the well-being of ordinary people. In 1620 a group of English separatist Congregationalists and Anglicans (later known as the Pilgrim Fathers ) founded Plymouth Colony in North America. Enjoying self-rule, they established
1050-434: A system of government that divided political power between democracy and aristocracy ( mixed government ). Calvin appreciated the advantages of democracy , stating: "It is an invaluable gift if God allows a people to elect its own government and magistrates." In order to reduce the danger of misuse of political power, Calvin suggested setting up several political institutions that should complement and control each other in
1125-419: A tyrannical manner. Again, there is no liberty, if the judiciary power is not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression. There would be an end to everything, were
1200-400: Is authorized by the Arkansas Constitution , which is the state's fifth constitution. The first constitution was ratified on January 30, 1836, and the current constitution was adopted in 1874. The constitution has also been amended throughout the state's history since 1874. Originally, legislators met biennially, but today meet annually. In 1922, Frances Hunt became the first woman elected to
1275-451: Is available to ensure that legislation and accompanying discussion proceed as orderly as possible without bias. Bill drafting and submission The lawmaking process begins with the introduction of a bill in either the House of Representatives or the Senate. Bills may be introduced in either house, sometimes with the exception of bills increasing or decreasing revenue, which must originate in
1350-540: Is called the Nebraska Legislature , but its members are called state senators. The first bicameral American legislature was formed in 1619 as the Virginia House of Burgesses . The legislatures of the initial Thirteen Colonies usually consisted of an elected lower house and an appointed upper house , the latter of which also functioned as an advisory council to the colonial governor. After
1425-488: Is done by committees. The legislature as a whole relies on its committees to report out only those bills deserving the consideration of the entire house. Through standing committees, each bill is addressed by a group of members who have special knowledge of its subject. Some members of the legislature have expert knowledge of particular subjects of legislation, and these members are usually placed on committees to take full advantage of this specialized knowledge. For this reason,
1500-711: Is headquartered in Denver, Colorado and has a lobbying office in Washington, D.C. Additionally, privately funded organizations with ideological leanings have annual meetings attracting many legislators. These include the American Legislative Exchange Council (ALEC), a conservative organization, and the State Innovation Exchange (SIX), its progressive counterpart. As of 2017, 24 of 99 chambers have limits on
1575-413: Is not considered by the full house, the bill is defeated. The house of origin, upon return of its amended bill, may take any one of several courses of action. It may concur in the amendment by the adoption of a motion to that effect; then the bill, having been passed by both houses in identical form, is ready for enrollment. Another possibility is that the house of origin may adopt a motion to non-concur in
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#17327729045021650-414: Is now known as foreign policy . Locke distinguishes between separate powers but not discretely separate institutions, and notes that one body or person can share in two or more of the powers. Within these factors Locke heavily argues for "Autry for Action" as the scope and intensity of these campaigns are extremely limited in their ability to form concentrations of power. For instance, Locke noted that while
1725-523: The American Revolution and the establishment of the United States, most states wrote new constitutions which had direct elections for both chambers of the legislature. This model helped influence the U.S. Constitution and was then adopted by new states which later joined the union . Members of the smaller chamber represent more citizens and usually serve for longer terms than members of the larger chamber, generally four years. In 41 states,
1800-635: The English Civil War , the parliamentarians viewed the English system of government as composed of three branches – the King, the House of Lords and the House of Commons – where the first should have executive powers only, and the latter two legislative powers. One of the first documents proposing a tripartite system of separation of powers was the Instrument of Government , written by the English general John Lambert in 1653, and soon adopted as
1875-437: The U.S. Senate , because that chamber's makeup is prescribed by the U.S. Constitution .) During a legislative session , the legislature considers matters introduced by its members or submitted by the governor. Businesses and other special interest organizations often lobby the legislature to obtain beneficial legislation, defeat unfavorably perceived measures, or influence other legislative action. A legislature also approves
1950-444: The consent of the governed (cf. " No taxation without representation "), and cannot transfer its law-making powers to another body, known as the nondelegation doctrine (2nd Tr., §142). The term "tripartite system" is commonly ascribed to French Enlightenment political philosopher Montesquieu , although he did not use such a term but referred to the "distribution" of powers. In The Spirit of Law (1748), Montesquieu described
2025-404: The governor and to try articles of impeachment. (In a few states, a separate executive council, composed of members elected from large districts, performs the confirmation function.) Nebraska originally had a bicameral legislature like the other states, but the lower house was abolished following a referendum, effective with the 1936 elections. The remaining unicameral (one-chamber) legislature
2100-492: The state legislature is the legislative branch in each of the 50 U.S. states . A legislature generally performs state duties for a state in the same way that the United States Congress performs national duties at the national level. Generally, the same system of checks and balances that exists at the federal level also exists between the state legislature, the state executive officer (governor) and
2175-546: The Amendment was found unconstitutional by the United States Supreme Court in U.S. Term Limits, Inc. v. Thornton . As Section 4 of the Amendment included a severability clause, the remainder of the amendment remained in force. This was replaced to a large extent by Amendment 94 in 2014, which extended the total years that could be served to 16 in any combination of House and Senate seats. The law
2250-551: The American colonies had adhered to British political ideas and conceived of government as divided into executive and legislative branches (with judges operating as appendages of the executive branch). The following example of the separation of powers and their mutual checks and balances from the experience of the United States Constitution (specifically, Federalist No. 51 ) is presented as illustrative of
2325-418: The House of Representatives. The order of business in each house provides a proper time for the introduction of bills. Bills are usually assigned consecutive numbers, given in the order of their introduction, to facilitate identification. Usually a bill cannot become enacted until it has been read on a certain number of days in each house. Upon introduction, a bill is usually read by its title only, constituting
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2400-847: The National Conference of The Council of State Governments (CSG), headquartered in Lexington, Kentucky, with offices in Washington, DC; New York City; Chicago; Atlanta; and Sacramento, and at the annual meetings of CSG's regions, The Southern Legislative Conference, The Midwestern Legislative Conference, the Eastern Regional Conference and CSG West, and at the Legislative Summit of the National Conference of State Legislatures , which
2475-544: The academic discipline of comparative government ); there are also normative theories, both of political philosophy and constitutional law , meant to propose a reasoned (not conventional or arbitrary) way to separate powers. Disagreement arises between various normative theories in particular about what is the (desirable, in the case of political philosophy, or prescribed, in the case of legal studies) allocation of functions to specific governing bodies or branches of government. How to correctly or usefully delineate and define
2550-496: The actions of administrative agencies as consisting of the three established functions being exercised next to each other merely in fact. Supervision and integrity-assuring activities (e.g., supervision of elections), as well as mediating functions ( pouvoir neutre ), are also in some instances regarded as their own type, rather than a subset or combination of other types. For instance Sweden have four powers, judicial, executive, legislative and administrative branches. One example of
2625-663: The amendment, at which point the bill dies. Finally, the house of origin may refuse to accept the amendment but request that a conference committee be appointed. The other house usually agrees to the request, and the presiding officer of each house appoints members to the conference committee. Conference committees Separation of powers#Checks and balances The separation of powers principle functionally differentiates several types of state power (usually law-making , adjudication , and execution ) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining
2700-494: The basis of representation in most state legislatures was modeled on that of the U.S. Congress : the state senators represented geographical units, while members of the larger chamber represented population. In Reynolds v. Sims the Supreme Court decided upon the one man, one vote standard for state legislatures and invalidated representation based on geographical units regardless of population. (The ruling does not affect
2775-428: The bill, the entire legislature gives consideration to its passage. At this time, the bill may be studied in detail, debated, amended, and read at length before final passage. If the majority vote in favor of the bill, it is recorded as passed. Transmission to second house A bill that is passed in one house is transmitted, along with a formal message, to the other house. If the bill is not reported from committee or
2850-413: The bills that have been referred to them to decide if the assigned bills should be reported for further action. For most bills, the recommendations of the committee are followed, although either house is free to accept or reject the action of the committee. Bills reported favorably by a committee may be placed on a regular calendar (the agenda of the deliberative body). Most of the work of the legislature
2925-510: The branches need to have the constitutional means to defend their own legitimate powers from the encroachments of the other branches. Under this influence it was implemented in 1787 in the Constitution of the United States . In Federalist No. 78 , Alexander Hamilton , citing Montesquieu, redefined the judiciary as a separately distinct branch of government with the legislative and the executive branches. Before Hamilton, many colonists in
3000-421: The calendar for the next legislative day. This second reading is made by title only. The regular calendar is a list of bills that have been favorably reported from committee and are ready for consideration by the membership of the entire house. Third reading Regardless of where a bill is placed on the calendar, once the bill is considered and adopted, this is called the third reading. At this third reading of
3075-410: The civil law. By virtue of the first, the prince or magistrate enacts temporary or perpetual laws and amends or abrogates those that have been already enacted. By the second, he makes peace or war, sends or receives embassies, establishes public security, and provides against invasions. By the third, he punishes criminals or determines the disputes that arise between individuals. The latter we shall call
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3150-671: The constitution of England for few years during The Protectorate . The system comprised a legislative branch (the Parliament) and two executive branches, the English Council of State and the Lord Protector , all being elected (though the Lord Protector was elected for life) and having checks upon each other. A further development in English thought was the idea that the judicial powers should be separated from
3225-521: The danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection of human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing
3300-470: The defect of better motives, might be traced through the whole system of human affairs, private as well as public. We see it particularly displayed in all the subordinate distributions of power, where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other and that the private interest of every individual may be a sentinel over the public rights. These inventions of prudence cannot be less requisite in
3375-510: The distribution of the supreme powers of the State. There are different theories about how to differentiate the functions of the state (or types of government power), so that they may be distributed among multiple structures of government (usually called branches of government, or arms). There are analytical theories that provide a conceptual lens through which to understand the separation of powers as realized in real-world governments (developed by
3450-476: The executive and federative powers are different, they are often combined in a single institution (2nd Tr., § 148). Locke believed that the legislative power was supreme over the executive and federative powers, which are subordinate. Locke reasoned that the legislative was supreme because it has law-giving authority; "[F]or what can give laws to another, must need to be superior to him" (2nd Tr., §150). According to Locke, legislative power derives its authority from
3525-521: The executive branch. This followed the use of the juridical system by the Crown to prosecute opposition leaders following the Restoration , in the late years of Charles II and during the short reign of James II (namely, during the 1680s). The first constitutional document to establish the principle of the separation of powers in government between the legislative, executive, and judiciary branches
3600-424: The first reading of the bill. Because a bill is usually read by title only, it is important that the title give the members notice of the subject matter contained in the bill. A 2013 study of state legislatures found that of the 99 studied, about half, 53, had roll rates below 5% . And most, 83, had roll rates below 10% . When a bill passes where most votes are from the minority party and "moderate" members of
3675-416: The general principles applied in similar forms of government as well: But the great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to
3750-416: The integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions (most often a legislature, a judiciary and an administration, sometimes known as the trias politica ). When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays
3825-431: The judiciary power, and the other simply the executive power of the state. Montesquieu argues that each Power should only exercise its own functions. He was quite explicit here: When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in
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#17327729045023900-487: The larger chamber is called the House of Representatives. Five states designate the larger chamber the assembly, three states call it the House of Delegates, and one has just one chamber. Members of the larger chamber usually serve for terms of two years. The larger chamber customarily has the exclusive power to initiate taxing legislation and articles of impeachment . Prior to the United States Supreme Court decisions Baker v. Carr (1962) and Reynolds v. Sims (1964),
3975-608: The legislature is considered full-time, the session may last all year, with periodic breaks for district work. Some states have varying lengths for odd-numbered and even-numbered years, or allow for a fixed number of either legislative or calendar days. Georgia for example, allows only 40 legislative days per year, and Wyoming allows 60 legislative days per term and no more than 40 per one calendar year. Whereas in Michigan , New Jersey , New York (in odd-numbered years), Ohio , Pennsylvania and Wisconsin (in odd-numbered years),
4050-452: The legislature often accepts the final recommendations of its standing committees. As has been noted, however, the legislature does not completely abdicate its responsibility for the consideration of pending bills. If the need arises, the members of either house can force a committee to take action on a bill, or they can ignore the committee's recommendations. Pocket veto and discharge petitions Pocket veto powers are common, which allows
4125-862: The legislature the legislative assembly . The responsibilities of a state legislature vary from state to state, depending on state's constitution . The primary function of any legislature is to create laws. State legislatures also approve budget for state government. They may establish government agencies, set their policies, and approve their budgets. For instance, a state legislature could establish an agency to manage environmental conservation efforts within that state. In some states, state legislators elect other officials, such as governor. State legislatures often have power to regulate businesses operating within their jurisdiction. They also regulate courts within their jurisdiction. This includes determining types of cases that can be heard, setting court fees, and regulating attorney conduct. Other responsibilities Under
4200-399: The manner of appointing the state's presidential electors . Formerly, state legislatures appointed the U.S. Senators from their respective states until the ratification of the 17th Amendment in 1913 required the direct election of senators by the state's voters. Sometimes what the legislature wishes to accomplish cannot be done simply by the passage of a bill, but rather requires amending
4275-401: The number of bills that a legislator can introduce per year according to NCSL . Most limits are set by internal legislative rules, while Louisiana's legislature is limited by constitutional amendment. Generally, the legislative bodies and their committees use either Mason's Manual of Legislative Procedure or an amended form thereof. During official meetings, a professional parliamentarian
4350-452: The people, who have the right to make and unmake the legislature. He argues that once people consent to be governed by laws, only those representatives they have chosen can create laws on their behalf, and they are bound solely by laws enacted by these representatives. Locke maintains that there are restrictions on the legislative power. Locke says that the legislature cannot govern arbitrarily, cannot levy taxes, or confiscate property without
4425-427: The power to appoint carries with it the power to revoke. The executive power ought to be in the hands of a monarch, because this branch of government, having need of despatch, is better administered by one than by many: on the other hand, whatever depends on the legislative power is oftentimes better regulated by many than by a single person. But if there were no monarch, and the executive power should be committed to
4500-433: The real world on its own initiative. Adjudicating constitutional disputes is sometimes conceptually distinguished from other types of power, because applying the often unusually indeterminate provisions of constitutions tends to call for exceptional methods to come to reasoned decisions. Administration is sometimes proposed as a hybrid function, combining aspects of the three other functions; opponents of this view conceive of
4575-431: The right to direct how the force of the commonwealth shall be employed" (2nd Tr., § 143), while executive power entailed the "execution of the laws that are made, and remain in force" (2nd Tr., § 144). Locke further distinguished federative power, which entailed "the power of war and peace, leagues and alliances, and all transactions with all persons and communities without [outside] the commonwealth" (2nd Tr., § 145), or what
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#17327729045024650-516: The same man or the same body, whether of the nobles or of the people, to exercise those three powers, that of enacting laws, executing the public resolutions, and trying the causes of individuals. Separation of powers requires a different source of legitimization, or a different act of legitimization from the same source, for each of the separate powers. If the legislative branch appoints the executive and judicial powers, as Montesquieu indicated, there will be no separation or division of its powers, since
4725-590: The second Monday of every year. In odd-numbered years it may consider any bill or resolution; in even-numbered years it may only consider appropriations bills. A session lasts for 60 days unless the legislature votes to extend it. The governor of Arkansas can issue a "call" for a special session during the interims between regular sessions. The General Assembly meets at the Arkansas State Capitol in Little Rock . The General Assembly of Arkansas
4800-400: The sessions usually last all year. Four state legislatures – Montana , Nevada , North Dakota and Texas – meet only biennially. In the early 1960s, only 19 legislatures met annually, but by the mid-1970s, it had increased to 41. The latest legislature to switch to annual sessions was Oregon in 2011, following a voter-approved ballot measure. Many state legislators meet every year at
4875-420: The state judiciary . A state is permitted to use a parliamentary system , or any other system of government, if it so desired. In 27 states, the legislature is called the legislature or the state legislature , while in 19 states the legislature is called the general assembly . In Massachusetts and New Hampshire , the legislature is called the general court , while North Dakota and Oregon designate
4950-414: The state constitution. Each state has specified steps intended to make it difficult to alter the constitution without the sufficient support of either the legislature, or the people, or both. All states except Nebraska have a bicameral legislature. The smaller chamber is called the senate, usually referred to as the upper house. This chamber usually has the exclusive power to confirm appointments made by
5025-488: The state's operating and capital budgets, which may begin as a legislative proposal or a submission by the governor. In most states, a new state legislature convenes in January of the odd-numbered year after the election of members to the larger chamber. The period during which the legislature remains in session varies by state. In states where the legislature is considered part-time, a session may last several months; where
5100-450: The terms of Article V of the U.S. Constitution , state lawmakers retain the power to ratify Constitutional amendments which have been proposed by both houses of Congress and they also retain the ability to call for a national convention to propose amendments to the U.S. Constitution. After the convention has concluded its business 75% of the states will ratify what the convention has proposed. Under Article II , state legislatures choose
5175-440: The three powers, independent and unchecked. According to the principle of checks and balances, each of the branches of the state should have the power to limit or check the other two, creating a balance between the three separate powers of the state. Each branch's efforts to prevent either of the other branches from becoming supreme form part of an eternal conflict, which leaves the people free from government abuses. Immanuel Kant
5250-543: The various forms of distribution of political power among a legislature , an executive , and a judiciary . Montesquieu's approach was to present and defend a form of government whose powers were not excessively centralized in a single monarch or similar ruler (a form known then as "aristocracy"). He based this model on the Constitution of the Roman Republic and the British constitutional system . Montesquieu took
5325-485: The view that the Roman Republic had powers separated so that no one could usurp complete power. In the British constitutional system, Montesquieu discerned a separation of powers among the monarch, Parliament, and the courts of law. In every government there are three sorts of power: the legislative; the executive in respect to things dependent on the law of nations; and the executive in regard to matters that depend on
5400-496: The ‘state functions’ is another major bone of contention. The legislative function of the government broadly consists of authoritatively issuing binding rules. The function of adjudication (judicial function) is the binding application of legal rules to a particular case, which usually involves creatively interpreting and developing these rules. The executive function of government includes many exercises of powers in fact, whether in carrying into effect legal decisions or affecting
5475-550: Was Pacts and Constitutions of Rights and Freedoms of the Zaporizhian Host , written in 1710 by Ukrainian Hetman Pylyp Orlyk . An earlier forerunner to Montesquieu's tripartite system was articulated by John Locke in his work Two Treatises of Government (1690). In the Two Treatises , Locke distinguished between legislative, executive, and federative power. Locke defined legislative power as having "...
5550-420: Was an advocate of this, noting that "the problem of setting up a state can be solved even by a nation of devils" so long as they possess an appropriate constitution to pit opposing factions against each other. Checks and balances are designed to maintain the system of separation of powers keeping each branch in its place. The idea is that it is not enough to separate the powers and guarantee their independence but
5625-480: Was changed again in 2020 by a referendum removing the lifetime limit of 16 years in the legislature and switching to 12 consecutive years, with the option to return after a four-year break. 34°44′48″N 92°17′21″W / 34.7467387°N 92.2892220°W / 34.7467387; -92.2892220 State legislature (United States) [REDACTED] [REDACTED] In the United States ,
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