Legislative Process

by Mikva, Abner J.

• ISBN13: 9780735524811
• ISBN10: 0735524815
• Edition: 2nd
• Format: Hardcover
• Copyright: 2002-03-01
• Publisher: Wolters Kluwer

Summary

Once again, expert authors Mikva and Lane draw on their considerable experience to explore and explain the legislative institutions and processes of the United States. Legislative Process, Second Edition, offers a current and comprehensive examination about the realities of how law is made. Here are just a few reasons why so many of your colleagues choose this distinctive casebook: extraordinary authorship, Abner J. Mikva is a former Chief Judge of the United States Court of Appeals, a five-term Congressman, and Counsel To The President during the Clinton Administration. Eric Lane has extensive experience with both state and local legislatures effective use of primary materials, including bills and statutes, committee reports and debates, legislative rules, Constitutional provisions and legislative authorities, and cases practical and process-oriented approach shows students what happens, plus how it happens, step-by-step historical focus gives context To The topics and perspective to current legislative enactments a statutory paperback from the same authors is also available Completely revised for its Second Edition, The casebook now covers: new limits to Congress' commerce clause power an enhanced discussion of what documents evidence the enactment of statutory law the continuing debate over statutory construction the end of the term limit movement the New Lobbying Disclosure Act and campaign finance proposals equal protection jurisprudence to limit the reach of the Voting Rights Act of 1965 major new cases US v. Morrison (Violence Against Women Act), Hunt v. Cromartie (voting rights), US Term Limits v. Thornton and Cook v. Gralike (congressional term limits), Colorado Federal Campaign Committee cases (limits on First Amendment), and Clinton v. New York (balanced budget bill)

Table of Contents

Preface to the Second Edition	p. xxv
Preface to the First Edition	p. xxvii
Acknowledgments	p. xxix
About the Authors	p. xxxiii
Introduction: Legislatures and Statutes	p. 1
The Age of Statutes	p. 3
Demand for Statutes: A Brief Historical Exploration	p. 5
The Ascendancy of Statutory Law	p. 5
The Rise of Statutes: The Bench and Bar	p. 12
The Legislative Process: An Introduction	p. 24
Compromise: The Heart of the Legislative Process	p. 30
A Comparison of Legislative and Judicial Processes	p. 31
The Executive as Legislator	p. 32
The Lawmaking Powers of Legislatures	p. 34
Congress and Its Specific Grants of Power	p. 35
The Plenary Powers of State Legislatures	p. 40
Power of the Purse	p. 45
The Anatomy and Publication of Statutes	p. 53
The Voting Rights Act of 1965 and Its 1982 Amendments	p. 55
The Conventions of Statutes	p. 64
Who Drafts a Statute?	p. 64
General Form of a Statute	p. 66
Title of a Statute	p. 68
Enacting Clause	p. 73
Number of Subjects in a Statute	p. 73
Statutory Findings and Statements of Purpose	p. 75
Definitions	p. 77
Remedies and Sanctions	p. 77
Severability Clauses	p. 78
Effective Date of a Statute	p. 79
Private and Local Statutes	p. 82
Publication of Statutes, Codification, and Evidence of Law	p. 84
Enrolled Bills	p. 84
Slip Laws	p. 85
Slip Law Collections--Statutes at Large, Session Laws, and Others	p. 87
Codes	p. 87
Evidence of the Law--Of Codes, Slip Laws, Enrolled Bills, and Journal Entries	p. 89
The Interpretation of Statutes	p. 95
Applying a Statute: An Introductory Problem	p. 95
The Context for Judicial Interpretation	p. 101
How Judges Interpret a Statute	p. 102
Legislative Meaning, Intent, and Purpose	p. 105
Clear and Unclear Statutory Language	p. 108
Applying a Clear Statute	p. 108
Applying an Unclear Statute	p. 111
Two Tools for Statutory Interpretation: Canons of Construction and Legislative History	p. 113
"Show-down" Questions	p. 131
Theories of Statutory Interpretation	p. 134
A View from the States	p. 142
A Note on Administrative Agencies	p. 144
The Interpretation of Law Enacted Through Initiative and Referendum	p. 152
The Exercise of the Lawmaking Power	p. 155
The Structures and Processes of American Legislatures	p. 157
The Structure of American Legislatures	p. 157
Party Organization	p. 158
Legislative Leadership	p. 163
Committee Structure	p. 169
Legislative Staff	p. 172
Legislative Rules and Their Enforcement	p. 177
The Functions and Procedures of Legislative Committees	p. 207
The Functions of Legislative Committees	p. 207
Consideration of Legislation by Committees	p. 214
Gathering Information and Creating a Record: Committee Hearings	p. 214
Committee Deliberation: Markup, Amendment, and Voting	p. 283
The Committee Report	p. 284
The Enactment of Legislation	p. 303
Introduction	p. 303
The Steps of Enactment: Following the Voting Rights Act of 1965	p. 303
Congressional and Other Records of Floor Activities	p. 304
Organization of the House of Representatives for the 89th Congress	p. 305
Introduction of Bills	p. 322
Assignment of Bills to Committees	p. 325
Legislative Voting	p. 331
Reporting a Bill from Committee	p. 334
Floor Amendments	p. 337
A Legislative Quorum	p. 344
Unanimous Consent Agreements	p. 346
Filibuster and Cloture	p. 348
Governing the House Debate: Rules Committee and Its Rules	p. 350
The Committee of the Whole House on the State of the Union	p. 355
A Bill on the Floor of the House	p. 359
The Conference	p. 362
The Legitimizing Characteristics of American Legislatures	p. 369
Representativeness--The Electorate	p. 371
A Brief History of Suffrage	p. 371
An End to Freehold Qualifications	p. 372
The Nineteenth Amendment	p. 373
The Post-Civil War Amendments and the Voting Rights Act of 1965	p. 373
Amendments to the Voting Rights Act of 1965 and the Twenty-Sixth Amendment	p. 376
The 1982 Amendments to [section]2: An End to Discrimination or Proportional Representation?	p. 379
Applying the Voting Rights Act of 1965, as Amended	p. 386
The Circumstance of Electoral Success--Three Views	p. 408
A Note on [section]5 of the Voting Rights Act	p. 413
The Voting Rights Act and Equal Protection	p. 414
One Person, One Vote	p. 430
Representativeness--Elections, Qualifications, Representative Duties	p. 465
The Representative: Qualifications for Office	p. 465
Term Limits	p. 474
The Impact of Term Limits on the Legislative Process	p. 477
The Legal Restraints on Term Limits	p. 487
The Election for Legislative Office	p. 509
Ballot Access	p. 511
The Financing of Campaigns	p. 518
The Incumbency Factor	p. 552
Legislatures as Judges of Elections	p. 571
The Representative Relationship	p. 576
Conflicts of Interests	p. 580
Norms for Legislative Behavior	p. 580
The Enforcement of Legislative Ethics	p. 589
Accessibility	p. 595
Lobbying the Legislature	p. 597
A Story of Lobbying	p. 599
The Efforts of Organized Interests	p. 613
The Function of the Lobbyist	p. 620
The Regulation of Lobbying	p. 632
Applying the Lobbying Act--A Problem	p. 646
State Statutes Governing Lobbying	p. 647
The Lawyer as Lobbyist: Unique Problems	p. 650
Notice of Legislative Activity	p. 656
The Openness of the Lawmaking Process	p. 662
Deliberativeness	p. 677
Introduction	p. 677
Bicameralism	p. 691
In General	p. 691
The Legislative Veto	p. 699
The Veto	p. 711
In General	p. 711
The Pocket Veto	p. 722
The Item Veto: A Special Power for Many State Executives	p. 731
Rules of Procedure and Deliberativeness	p. 781
Speech and Debate Clauses	p. 786
Initiative and Referendum--A Challenge to Legislative Legitimacy	p. 801
Initiatives--The Democratic Context	p. 803
Initiatives--The Legal Context	p. 818
Establishing the Meaning of a Statute	p. 831
The Applicability of Plain Meaning	p. 833
Language and Purpose	p. 834
Mistakes	p. 902
Private Rights of Action	p. 920
Legislative History	p. 940
Resolving Ambiguities	p. 963
Ambiguities from the Use of General Language	p. 964
Ambiguities from Compromises	p. 1011
Show-down Questions	p. 1030
Chevron and Ambiguities	p. 1055
Table of Cases	p. 1077
Bibliography	p. 1081
Index	p. 1089
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