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| Topic: Can't Read a Bill? Why make it law? | |
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I was reading an article out of the AP about how difficult the language of legislation is. I'll include some of the passages that I think elucidate the point but I wanted to ask if people think it's right that Congress is up there passing bill that A) they haven't read and B) admit to not having the comprehension skills to understand.
I see the issue as this: Shouldn't laws that affect the entirety of the American citizenry be comprehensible by the folks that pass them? Secondly, isn't it just intuitive that they should have to read that bill before making it law? And Finally, isn't there something insidious in putting the hurry-up offense on legislation the language which you can't comprehend, hiding behind purposefully obtuse and esoteric languange, and insisting that it be made law before anyone else gets a chance to read it?? Just some food for thought. I'm trying not to come at this from a partisan perspective but just from a basic civics perspective.. exerps from the AP article: Read the health bill! Not as easy as you think By ERICA WERNER, Associated Press Writer Erica Werner, Associated Press Writer – Fri Oct 9, 7:29 pm ET WASHINGTON – Read the bill! It was a rallying cry at angry health care town halls this summer and has evolved into something of a political movement. Many Americans are demanding that lawmakers actually read the comprehensive legislation they've written — or at least make it publicly available — before voting on it. The push for transparency has become a running side debate in Congress, with lawmakers — often minority Republicans, but some Democrats too — pressing leaders to post measures online for 72 hours before a vote. ******************** Take Medicaid. An average person might describe it as the federal-state health insurance program for the poor. But to the authors of the House Democrats' health care bill, "The term 'Medicaid' means a State plan under title XIX of the Social Security Act (whether or not the plan is operating under a waiver under section 1115 of such Act)." The bill goes on to say, "The terms 'premium plan' and 'premium-plus plan' have the meanings given such terms in section 203(c)." Like those examples, the legislation is peppered with cross references to other laws or statutes that are never explained, defying understanding by anyone without a law degree or years of legislative experience. Most lawmakers have never read the bills; that's what staff members are for. "The minutiae of legal drafting is not necessarily related to understanding the concepts in the bill," said Rep. Earl Pomeroy, D-N.D., who certainly has had his hand in writing laws in nearly 20 years in the House. ********************* Well, have you ever tried reading a bill? Take Medicaid. An average person might describe it as the federal-state health insurance program for the poor. But to the authors of the House Democrats' health care bill, "The term 'Medicaid' means a State plan under title XIX of the Social Security Act (whether or not the plan is operating under a waiver under section 1115 of such Act)." The bill goes on to say, "The terms 'premium plan' and 'premium-plus plan' have the meanings given such terms in section 203(c)." Like those examples, the legislation is peppered with cross references to other laws or statutes that are never explained, defying understanding by anyone without a law degree or years of legislative experience. Most lawmakers have never read the bills; that's what staff members are for. "The minutiae of legal drafting is not necessarily related to understanding the concepts in the bill," said Rep. Earl Pomeroy, D-N.D., who certainly has had his hand in writing laws in nearly 20 years in the House. I find it a little disconcerting that peices of legislation is written in language that those responsible for deciding whether it becomes law cannot understand it and it's done purposefully so that the individual legislator don't feel the need to burden themselve with reading the actual law but rather just being told that some provision that they asked for is in the bill and letting that be the end of it.. And it's not just this healthcare bill (or bills). I'm sure that I could go back and find plenty of other important "laws" in the exact same condition; the stimulus, the banking bill, the cap-and-trade bill aka the restrict-and-tax bill aka the destruction-of-the-economy bill, the Patriot Act.. |
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