What is a state legislature?
Answer
The lawmaking body of a state government
Explanation
A state legislature is the lawmaking body of a state government, responsible for writing state laws, approving the state budget, levying state taxes, and overseeing state agencies. Every state has a state legislature, and 49 of the 50 states have bicameral legislatures with two chambers, similar in structure to the federal Congress. Only Nebraska has a unicameral legislature, with a single 49-member chamber adopted in 1937 under the leadership of Senator George Norris, who argued it would be more efficient and accountable.
State legislatures vary widely in size, structure, and operating style. The largest is the New Hampshire House of Representatives, with 400 members representing one of the smallest states in population. The state with the smallest legislature is Alaska, with 60 total members across its two chambers. Most state legislatures fall between these extremes, with the upper chamber (called the senate in most states) typically having between 20 and 50 members, and the lower chamber having between 50 and 200.
State senators usually serve four-year terms, while members of the lower chamber typically serve two-year terms, similar to the federal Congress. Some state legislatures meet full-time year-round (such as California, Michigan, New York, and Pennsylvania), while others meet only part-time for limited sessions each year (such as Texas, Montana, and many others). Some part-time legislatures meet only every other year. Pay varies dramatically, from over 100,000 dollars per year for full-time legislators in California to a few thousand dollars per year or less for part-time legislators in some states.
State legislatures handle the bulk of lawmaking that affects daily life. They write criminal codes (most criminal law is state law), education laws, traffic laws, family law (marriage, divorce, child custody), property law, contract law, and most regulation of business and the professions. They approve state budgets, set state tax rates, and oversee state agencies through committee hearings and confirmation of gubernatorial appointments.
State legislatures have substantial power. They can amend their state constitutions through a process that varies by state, and they handle congressional and state legislative redistricting after each ten-year census in most states. Lobbying is intense at state capitols, particularly on issues where states have primary authority such as education, energy, and healthcare regulation.
Why this matters for your test
State legislatures shape areas of law that touch Americans most directly, including education, criminal law, and family law.
Source: USCIS 128 Civics Questions (2025)