The "Legislative Drafter's Deskbook" offers practical advice and
insight for those engaged in legislative drafting, those more
interested in policy than drafting itself, or those interested in
reading and interpreting the law. This book explains why laws are
drafted the way they are.
Legislative drafting is - to the extent it is writing at all -
the form of writing used for legislative measures, a category that
covers original bills and resolutions as well as amendments.
Ultimately, legislative drafting is the form of writing used for
enacted law. The focus of this book is on legislative drafting for
the Congress of the United States, but many, if not most, of the
principles described here apply just as well to drafting for other
legislatures.
As forms of writing go, drafting is not freewheeling like
poetry, nor showy like rhetoric, nor personal like a novel.
Drafting is disciplined, rigorous, and analytical. Done well,
drafting can also be creative, elegant, and clever. (Unfortunately,
drafting is not always done well.)
The purpose of this book is to provide practical advice on
drafting to anyone who does, or may, engage in drafting, and
indirectly to provide insight into the drafting process to other
interested people. For example, this book is for people who are
more interested in policy than in drafting, but want to understand
why drafters operate the way they do. It is also for people who are
more interested in reading and interpreting the law than in
drafting, but want to understand why laws are drafted the way they
are. It is hoped that this book will be accessible to beginners
while remaining valuable to veterans.
The traditional method of training drafters is to train them on
the job; the consensus is that drafting is best learned
holistically, on a case-by-case basis. For that reason this book is
best used as a resource, not a course. It is a supplement to, not a
substitute for, the learning that comes from experience.
The author designed this book to answer the variety of questions
about drafting that arise daily in the work of individuals with a
professional interest in how bills, resolutions, and laws are
drafted. The approach used here is pragmatic: You will find no
linguistic theories or esoteric conundrums discussed here. What you
will find is solid advice for everyday drafting projects.
"A masterful work. It is comprehensive and exceptionally well
written. It is an essential tool for anyone who drafts legislation
or interprets the law."
-- William K. Suter, Clerk of the United States Supreme Court
"An essential and indispensable book, both as a reference work
and as a thorough introduction to Federal legislative
drafting."
-- Frank Burk, Legislative Counsel of the United States Senate
1991-1998
"The succinct and thorough assessment of good legislative
drafting techniques provides a set of 'best practices' for drafters
at all levels of government."
-- Elizabeth Garrett, Sydney M. Irmas Professor of Public Interest
Law, University of Southern California
"State legislative drafters will also greatly appreciate this
work."
-- Bruce Feustel, Senior Fellow, NCSL
Summary of Contents
1. Being a Drafter
2. Understanding How Laws Are Made
3. Considering the Courts: Statutory Interpretation
4. Thinking Through the Policy
5. Choosing the Right Measure
6. Writing Effectively
7. Organizing and Arranging
8. Using the Right Style
9. Affecting and Amending Other Laws
10. Working in, and Working with, the Executive Branch
Appendices
Back of the Book
Table of Cases
Table of Constitutional Provisions
Table of Statutes at Large
Table of Public Laws
Table of U.S. Code Sections
Index
Complete Table of Contents online at
www.LegislativeDraftersDeskbook.com
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