From the Congressional Glossary – Including Legislative and Budget Terms Enacting Clause Key phrase in bills beginning “Be it enacted by the Senate and House of Representatives . . .” A successful motion to strike it from legislation kills the measure. 1 USC § 101 specifies: The enacting clause of all Acts of Congress shall … Read more
Drafting a provision that repeals a law is not difficult. Any type of plain instruction will be sufficient; such as “The ABC Act is Repealed.” It is important to ensure that the provision being repealed is clearly identified, including a full citation. There are some important rules that should be observed regarding repeals. First, repealing … Read more
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 … Read more
Legislative drafts can fail for two reasons. Some fail because of poor communication while others fail due to a lack of imagination. Whenever there is a lack of communication, in most cases the draft is simply not clear. Common sense editing can usually resolve this problem. Whenever there is a lack of imagination, the draft … Read more
There is often a misconception that drafting legislation is merely about writing, when the truth of the matter is that drafting legislation more accurately and frequently involves identifying, presenting and then resolving issues. Those issues could be related to policy or they might involve a technicality. Therefore, the most critical part of the legislative drafter’s … Read more
There are many questions that must be considered regarding the drafting of any policy and one is whether Congress actually has the power to do whatever the policy calls for. It must be kept in mind that the federal government only has very limited as well as enumerated powers. Furthermore, the powers of Congress are … Read more
Federal legislation is introduced as a proposal by either a Senator or a Representative in the House of Representatives. Before a bill can actually become a law, the proposal must be passed by the Senate as well as the House by a majority vote. It must then be signed into law by the president, or … Read more
Custom, On-Site Training from TheCapitol.Net All of our programs and any combination of their topics can be tailored for on-site training for your organization. For more than 30 years, TheCapitol.Net and its predecessor, Congressional Quarterly Executive Conferences, have been training professionals from government, military, business, and NGOs about the dynamics and operations of the legislative … Read more