Wednesday, September 23, 2009

Read the bill -- a lawyer's perspective

From the Volokh Conspiracy:

UPDATE: A question frequently asked of us "read the bill" types is "Why should legislators have to read the bills when they have staff? Isn't that what staff is for?" Not really. It is certainly appropriate for legislators to rely upon staff to draft legislation, review legislative proposals, and serve as a filter identifying bills that might be worthy of support, and so on.. Indeed, legislators could not do their jobs without such assistance. But this does not relieve legislators of reading those pieces of legislation that seek to enact.

Think of the legislator like a senior partner. It's perfectly appropriate for the senior partner to rely upon associates to conduct research, draft documents, review documents, and so on. But if the partner is going to sign his or her name to a legal brief, he or she better have read it. It is simply inappropriate for the partner to simply sign a document or brief on an associate's say-so. By the same token, when the legislator is prepared to enact legislation, he or she should have read the bill.

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