Tag: Statutory Construction

Tips for Drafting Legislation

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 […]

Thinking Through the Policy Before Drafting Legislation

Thinking Through the Policy Before Drafting Legislation

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 […]

Understanding Federal Legislative History

Understanding Federal Legislative History

Legislative history involves the proceedings in Congress that relate to a law before it was actually enacted. This can include official reports prepared by congressional committees as well as official statements that are issued by members of Congress. Legislative history may also include testimony given at legislative hearings, and different versions of the text of […]

The Question of Constitutionality When Drafting Legislation

The Question of Constitutionality When Drafting Legislation

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 […]