Tips for Drafting Legislation

After a policy has been thought through, the next step is to begin crafting the words that will be used. The goal at this stage is not identifying the focus, but expressing it as effectively as possible. There is no special language that is used for writing legislation. Effective drafting requires clear writing. There must be no doubt about the meaning of the words used.

photo credit: TheDarkThing

There are two benefits of clear writing. First, a clear draft is an accurate draft, with a single interpretation. Second, clear writing ensures that if the draft is enacted into law, it carries out the policy of your client in the most effective manner possible.

There are several elements involved in writing clear legislation. First, do not make the draft more complicated than necessary. Distill what must be said and say it in the most straight-forward manner possible.

Do not attempt to use unusual words. If you need to look up a word, you can be certain that readers will need to do so as well. While you should steer clear of idioms and slang, strive to use ordinary sentence structure, grammar, spelling, punctuation and style.

Be brief. If one word will suffice, do not use multiple words. Every single word used in the draft should have a job. Idle words should be removed.

Be consistent. If you utilize a word or meaning in a way that is inconsistent, a distinction can be created where it was not intended.

Your writing should be readable. If the draft is difficult to read, people will be less likely to read it. Information should be placed precisely where it is expected in the draft. This means the most important information should be placed at the beginning, with the least important information placed toward the end.

To learn more about effective writing, consider TheCapitol.Net’s Writing Workshops and the Legislative Drafting Workshop.

Reference: Legislative Drafter’s Deskbook, by Tobias Dorsey, Chapter 6–Writing Effectively.

For more information about drafting legislation and statutory construction, see these resources from TheCapitol.Net:

• Legislative Drafter’s Deskbook, by Tobias Dorsey

• Congressional Deskbook: The Practical and Comprehensive Guide to Congress, by Michael L. Koempel and Judy Schneider
• Live courses in Washington, DC:
  • Drafting Effective Federal Legislation and Amendments

  • Writing to Persuade: Hone your persuasive writing skills
  • Strategies for Working with Congress: Effective Communication and Advocacy on Capitol Hill
  • Capitol Hill Workshop
• Capitol Learning Audio Courses:
  • Drafting Effective Federal Legislation and Amendments in a Nutshell
  • Statutory Construction: A Primer on How to Read and Understand Statutory Text
  • Tips, Tactics & Techniques for Writing Congressional Testimony
  • Preparing for Congressional Oversight and Investigation

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Our training courses, publications, and audio courses include congressional operations, legislative and budget process, communication and advocacy, media and public relations, testifying before Congress, research skills, legislative drafting, critical thinking and writing, and more.

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Related Posts:

• Thinking Through the Policy Before Drafting Legislation
• Understanding Federal Legislative History
• The Question of Constitutionality When Drafting Legislation
• Writing for Government and Business: Critical Thinking and Writing – 1-day course in DC
• May – June 2012 Legislative, Communication, and Media Training from TheCapitol.Net