The Need for Clarity of Congressional Legislation
Dennis AuBuchon
February 16, 2009
Have you ever read any legislation enacted by Congress? Was it easy to read and understand? The answer to both of these questions is probably no. I understand the need to assure that there are no loopholes in legislation and that all aspects of the topic need to be addressed but there needs to be a better way.
The American people need to be able to understand legislation enacted if they are to follow it. The current process is one that appears to be created to require interpretations by a lawyer to understand the requirements. Most if not all legislation is lengthy usually hundreds of pages. While sometimes this may be necessary for certain topics such as homeland security or defense appropriations, I believe that many could be reduced to a manageable size. I applaud any legislation that is reduced to the basic needs of the topic it addresses with clarity so anyone reading it understands the requirements placed in it.
The current stimulus package just passed by Congress is a great example of what feel is the lack of clarity and efficiency. While I feel there are many needed actions with the stimulus package just taking a cursory look at the 759 pages there is much to be desired. There are many references to other legislation previously enacted within topics in the legislation. While I agree there needs to be some traceability upon which laws may be based the current practice leaves a lot to be desired. Some of the topics are important in the legislation but when it refers to actions to be taken in accordance with a previously enacted act it confuses the issue and the action to be taken. Legislation meant to build upon other acts should identify what is added to or changed in the new legislation for specific topics.
The purpose of this article is not to criticize all legislation enacted whether at the state or federal level but to identify a need and right the public has to understand enacted legislation without the necessity of a lawyer. We as citizens of the United States and other countries must understand the laws on the books and why they are there. We must understand them to be able to follow them. We must also, where it is permissible, communicate with the governmental officials that we have either elected or have been appointed to voice our opinion of issues before governmental bodies. Government should be about the people they represent and they must respond to their citizens. Granted sometimes there needs to be hard decisions made for the good of the country but going against the will of the people can have consequences in any election that may take place in the future.
The voters of the United States are knowledgeable and representatives and senators voting for the latest stimulus package will have much to answer for from their constituents. While I agree some action needed to be taken the manner in which it was accomplished I feel left a bad taste in the mouths of most Americans. I also heard a disturbing report that senators and representatives did not have enough time to read and understand the entire stimulus legislation. This in itself if true is contrary to the practice of reading anything before placing your name to a document. Once you sign a document you are committed to the terms of the content enclosed. All acts of legislation whether it is at the local, state or federal level must provide enough time to make decisions based on the content. Our representatives and senators must be given ample time to review the content of any legislation and not depend upon any party leaders to provide an accurate picture of legislative content.
In summary it is important to restate the necessity of having legislation contain all the details without referring to other legislation already enacted. Any legislation being processed must stand on their own whether they succeed or fail. It is important for those considering voting for legislation to have all the information contained in one document. In this respect they can make a decision based on the content contained without referring to other referenced legislation. Referencing legislation is not a bad thing but it must be used in the right way. Legislation which involves others already enacted must identify the relationship between them and what impact the new legislation will have on current laws.
The legislative process is not an easy one and there are thousands of laws enacted across the country each year. Sometimes they involve new legislation or revisions/updates of older ones. Our government officials must understand the needs of the people and public opinion on specific issues. This can be conveyed through various communication tools we now have with the current technology. As previously stated the public needs to understand the legislation enacted by the respective legislatures if they are expected to follow them. The language involved in any legislation should be such that it does not take a lawyer to understand it. Many acts involve the business world. Legislation which is vague causes companies to expend extra dollars to get the opinion of a lawyer on the law. Let us inform our government officials that we expect to understand the laws as they are written without the necessity of a lawyer. This will not only help to decrease the cost of doing business but may avert court battles when legislation is clearly written.
The American people need to be able to understand legislation enacted if they are to follow it. The current process is one that appears to be created to require interpretations by a lawyer to understand the requirements. Most if not all legislation is lengthy usually hundreds of pages. While sometimes this may be necessary for certain topics such as homeland security or defense appropriations, I believe that many could be reduced to a manageable size. I applaud any legislation that is reduced to the basic needs of the topic it addresses with clarity so anyone reading it understands the requirements placed in it.
The current stimulus package just passed by Congress is a great example of what feel is the lack of clarity and efficiency. While I feel there are many needed actions with the stimulus package just taking a cursory look at the 759 pages there is much to be desired. There are many references to other legislation previously enacted within topics in the legislation. While I agree there needs to be some traceability upon which laws may be based the current practice leaves a lot to be desired. Some of the topics are important in the legislation but when it refers to actions to be taken in accordance with a previously enacted act it confuses the issue and the action to be taken. Legislation meant to build upon other acts should identify what is added to or changed in the new legislation for specific topics.
The purpose of this article is not to criticize all legislation enacted whether at the state or federal level but to identify a need and right the public has to understand enacted legislation without the necessity of a lawyer. We as citizens of the United States and other countries must understand the laws on the books and why they are there. We must understand them to be able to follow them. We must also, where it is permissible, communicate with the governmental officials that we have either elected or have been appointed to voice our opinion of issues before governmental bodies. Government should be about the people they represent and they must respond to their citizens. Granted sometimes there needs to be hard decisions made for the good of the country but going against the will of the people can have consequences in any election that may take place in the future.
The voters of the United States are knowledgeable and representatives and senators voting for the latest stimulus package will have much to answer for from their constituents. While I agree some action needed to be taken the manner in which it was accomplished I feel left a bad taste in the mouths of most Americans. I also heard a disturbing report that senators and representatives did not have enough time to read and understand the entire stimulus legislation. This in itself if true is contrary to the practice of reading anything before placing your name to a document. Once you sign a document you are committed to the terms of the content enclosed. All acts of legislation whether it is at the local, state or federal level must provide enough time to make decisions based on the content. Our representatives and senators must be given ample time to review the content of any legislation and not depend upon any party leaders to provide an accurate picture of legislative content.
In summary it is important to restate the necessity of having legislation contain all the details without referring to other legislation already enacted. Any legislation being processed must stand on their own whether they succeed or fail. It is important for those considering voting for legislation to have all the information contained in one document. In this respect they can make a decision based on the content contained without referring to other referenced legislation. Referencing legislation is not a bad thing but it must be used in the right way. Legislation which involves others already enacted must identify the relationship between them and what impact the new legislation will have on current laws.
The legislative process is not an easy one and there are thousands of laws enacted across the country each year. Sometimes they involve new legislation or revisions/updates of older ones. Our government officials must understand the needs of the people and public opinion on specific issues. This can be conveyed through various communication tools we now have with the current technology. As previously stated the public needs to understand the legislation enacted by the respective legislatures if they are expected to follow them. The language involved in any legislation should be such that it does not take a lawyer to understand it. Many acts involve the business world. Legislation which is vague causes companies to expend extra dollars to get the opinion of a lawyer on the law. Let us inform our government officials that we expect to understand the laws as they are written without the necessity of a lawyer. This will not only help to decrease the cost of doing business but may avert court battles when legislation is clearly written.
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