Read the bill

Beldar thinks legislators should be required to read the bill.

Every time I deal with a federal statute in the context of giving legal advice to a client -- which is an utterly basic function of being a lawyer -- I have to actually read and then understand the statute. My failure to do so would be malpractice per se -- something absolutely indefensible, something never excusable under any circumstances. As soon as I admitted or it was otherwise proven that I didn't read and understand the statute, the only question in a malpractice case would be the size of the damage award against me.

But if that's an utterly basic function of being a lawyer who merely advises private clients on how the law may or may not apply, shouldn't it be an even more basic function of a law-maker, a legislator, who creates the laws that apply to an entire country?

By no means am I saying that all legislators therefore must be lawyers. (They certainly already have staff lawyers to help them if they need or want such help.) But if an educated layman, with careful and close study, still can’t parse through the language of a bill and figure out what it does, and how it does what it does, then that says something awful and disqualifying about the legislator, the bill, or both.
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I would genuinely support a Constitutional amendment which required every Congressman and Senator, upon casting every vote, to swear under penalty of perjury — with existing perjury criminal penalties, PLUS instant disqualification from office — that he or she had read every word of everything he or she voted upon. Not just a summary (although they could read summaries too, if they chose) or a recommendation (again, fine as a supplement, but not as a replacement). Enforcement to be by a mechanism where 10% of either chamber's members could indict and prosecute any member of either chamber for an alleged violation, trial to be held within 30 days on national TV, finder of fact to be a jury of 51 randomly selected voters (one from each state plus the District of Columbia), conviction and expulsion (without appeal) to be based on a simple majority vote.

For a bullet-proof practical defense -- and indeed, perhaps even a prophylactic "safe harbor" provision written into the amendment or its enabling legislation to guard against unfair and untrue accusations -- every legislator only needs a video camera to record him or her with an over-the-shoulder view of the text he or she is reading and the pages he or she is turning, perhaps with a side-shot of the notes he or she is taking too. The videos can be posted on C-SPAN or YouTube along with congress.gov.