Legislative Drafting Quotes

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To Arendt’s point about post-revolution stability deriving from pre-revolutionary experience in self government, it’s worth remembering that two of Henry’s less chatty fellow burgesses became the first and third presidents of the United States. Andrew O’Shaughnessy, referring to the masterminds of the 2013 government shutdown and no doubt alluding to the freshman senator who was its ringleader, told me, “Experience is terribly important. You’ll notice that the congressmen who want to hold up the government are all junior people and new to the game. And of course they will say, ‘Oh, it’s Washington cynicism, where they all compromise and work out backroom deals.’ But that’s actually how democracy works.” Which is exactly how government operations resumed on October 17, 2013: a bipartisan group of old-school senators with the combined age of Stonehenge started hashing out a bargain drafted by third-term moderate Republican Susan Collins of Maine, who, prior to her election sixteen years earlier, had spent twelve years working behind the scenes as a legislative aide to her predecessor.
Sarah Vowell (Lafayette in the Somewhat United States)
The idea was that the NED would do somewhat overtly what the CIA had been doing covertly for decades, and thus, hopefully, eliminate the stigma associated with CIA covert activities. Allen Weinstein, who helped draft the legislation establishing NED, declared in 1991: ‘A lot of what we do today was done covertly 25 years ago by the CIA.’6 NED receives virtually all its financing from the US government ($5 billion in total since 19917), but it likes to refer to itself as an NGO (non-governmental organization) because this helps to maintain a certain credibility abroad that an official US government agency might not have. But NGO is the wrong category. NED is a GO.
William Blum (America's Deadliest Export: Democracy The Truth about US Foreign Policy and Everything Else)
The men who mine coal and fire furnaces and balance ledgers and turn lathes and pick cotton and heal the sick and plant corn—all serve as proudly, and as profitably, for America as the statesmen who draft treaties and the legislators who enact laws.
George Washington (The Complete Book of Presidential Inaugural Speeches: from George Washington to Barack Obama (Annotated))
Segmented, routinized, and depersonalized, the job of the bureaucrat or specialist—whether it involved confiscating property, scheduling trains, drafting legislation, sending telegrams, or compiling lists—could be performed without confronting the reality of mass murder.
Christopher R. Browning (Ordinary Men: Reserve Police Battalion 101 and the Final Solution in Poland)
Since the early 1990s, a shadow government has taken root along K Street, the Washington corridor that is home to block after stately block of law firms and lobbying offices. Over the years, this army of influence peddlers has gone well beyond the hunt for votes on Capitol Hill. Smart lobbyists know that it is not just the final vote on a bill that counts, but every step along the way. Business enjoys huge political advantages by having its lobbying agents meet day in and day out with key legislators and their staffs, either to kill bills or provisions in them that business considers hostile or to insert arcane subparagraphs that its lobbyists have drafted and tailored to specific corporate interests.
Hedrick Smith (Who Stole the American Dream?)
IT BEGAN WITH A GUN. On September 1, 1939, the German army invaded Poland. Two days later, Britain and France declared war on Germany. In the October 1939 issue of Detective Comics, Batman killed a vampire by shooting silver bullets into his heart. In the next issue, Batman fired a gun at two evil henchmen. When Whitney Ellsworth, DC’s editorial director, got a first look at a draft of the next installment, Batman was shooting again. Ellsworth shook his head and said, Take the gun out.1 Batman had debuted in Detective Com-ics in May 1939, the same month that the U.S. Supreme Court issued a ruling in United States v. Miller, a landmark gun-control case. It concerned the constitutionality of the 1934 National Firearms Act and the 1938 Federal Firearms Act, which effectively banned machine guns through prohibitive taxation, and regulated handgun ownership by introducing licensing, waiting period, and permit requirements. The National Rifle Association supported the legislation (at the time, the NRA was a sportsman’s organization). But gun manufacturers challenged it on the grounds that federal control of gun ownership violated the Second Amendment. FDR’s solicitor general said the Second Amendment had nothing to do with an individual right to own a gun; it had to do with the common defense. The court agreed, unanimously.2
Jill Lepore (The Secret History of Wonder Woman)
we have much to learn from the struggles in Alabama and Mississippi in the early 1960s. In the spring of 1963 the Southern Christian Leadership Conference led by Dr. King launched a “fill the jails” campaign to desegregate downtown department stores and schools in Birmingham. But few local blacks were coming forward. Black adults were afraid of losing their jobs, local black preachers were reluctant to accept the leadership of an “Outsider,” and city police commissioner Bull Connor had everyone intimidated. Facing a major defeat, King was persuaded by his aide, James Bevel, to allow any child old enough to belong to a church to march. So on D-day, May 2, before the eyes of the whole nation, thousands of schoolchildren, many of them first graders, joined the movement and were beaten, fire-hosed, attacked by police dogs, and herded off to jail in paddy wagons and school buses. The result was what has been called the “Children’s Miracle.” Inspired and shamed into action, thousands of adults rushed to join the movement. All over the country rallies were called to express outrage against Bull Connor’s brutality. Locally, the power structure was forced to desegregate lunch counters and dressing rooms in downtown stores, hire blacks to work downtown, and begin desegregating the schools. Nationally, the Kennedy administration, which had been trying not to alienate white Dixiecrat voters, was forced to begin drafting civil rights legislation as the only way to forestall more Birminghams. The next year as part of Mississippi Freedom Summer, activists created Freedom Schools because the existing school system (like ours today) had been organized to produce subjects, not citizens. People in the community, both children and adults, needed to be empowered to exercise their civil and voting rights. A mental revolution was needed. To bring it about, reading, writing, and speaking skills were taught through discussions of black history, the power structure, and building a movement. Everyone took this revolutionary civics course, then chose from more academic subjects such as algebra and chemistry. All over Mississippi, in church basements and parish halls, on shady lawns and in abandoned buildings, volunteer teachers empowered thousands of children and adults through this community curriculum. The Freedom Schools of 1964 demonstrated that when Education involves young people in making community changes that matter to them, when it gives meaning to their lives in the present instead of preparing them only to make a living in the future, young people begin to believe in themselves and to dream of the future.
Grace Lee Boggs (The Next American Revolution: Sustainable Activism for the Twenty-First Century)
Uganda’s vehement anti-gay movement began in 2009 after a group of American preachers went to Uganda for an anti-gay conference and then worked with Ugandan legislators to draft a bill that called for putting gay people to death.
Anonymous
the American system of checks and balances disperses federal lawmaking authority among multiple, overlapping political forums. As a result, federal policymaking power is shared: Congress is given the primary power to draft laws, subject to the president's veto and judicial review; the executive branch is given the primary power to implement laws, subject to congressional oversight and judicial review; and the courts have the primary power to interpret laws, subject to a variety of legislative and executive checks, including the appointment process, budgetary powers, and the passage of "overrides"-laws that explicitly reverse or materially modify existing judicial interpretations of statutes.
Mark C. Miller (Making Policy, Making Law: An Interbranch Perspective (American Governance and Public Policy series))
Harry H. Laughlin was highly important for the Nazi crusade to breed a “master race.” This American positioned himself to have a significant effect on the world’s population. During his career Laughlin would: ~ Write the “Model Eugenical Law” that the Nazis used to draft portions of the Nuremberg decrees that led to The Holocaust. ~ Be appointed as “expert” witness for the U.S. Congress when the 1924 Immigration Restriction Act was passed. The 1924 Act would prevent many Jewish refugees from reaching the safety of U.S. shores during The Holocaust. ~ Provide the "scientific" basis for the 1927 Buck v. Bell Supreme Court case that made "eugenic sterilization" legal in the United States. This paved the way for 80,000 Americans to be sterilized against their will. ~ Defend Hitler's Nuremberg decrees as “scientifically” sound in order to dispel international criticism. ~ Create the political organization that ensured that the “science” of eugenics would survive the negative taint of The Holocaust. This organization would be instrumental in the Jim Crow era of legislative racism. H.H. Laughlin was given an honorary degree from Heidelberg University by Hitler's government, specifically for these accomplishments. Yet, no one has ever written a book on Laughlin. Despite the very large amount of books about The Holocaust, Laughlin is largely unknown outside of academic circles. The Carnegie Institution of Washington, D.C. gave this author permission to survey its internal correspondence leading up to The Holocaust and before the Institution retired Laughlin. These documents have not been seen for decades. They are the backbone of this book. The story line intensifies as the Carnegie leadership comes to the horrible realization that one of its most recognized scientists was supporting Hitler’s regime.
A.E. Samaan (H.H. Laughlin: American Scientist, American Progressive, Nazi Collaborator (History of Eugenics, Vol. 2))
Intern With Peter DeFazio: Come experience government from the inside. Gain valuable experience, meet a diverse array of new people, and explore Washington, DC as an intern in our nation's capital. Interns in the Washington, DC office develop professional skills by drafting constituent correspondence, assisting with legislative research, attending congressional briefings and hearings, and leading tours of the US Capitol. Summer internships begin in June and are unpaid. Applicants from all academic backgrounds are encouraged to apply. TO APPLY: Submit a cover letter, a current resume, and a short writing sample by May 1st, 2015. For more information, contact Michael Trujillo
Anonymous
I’d asked our economic team to develop legislative reforms that would make a future crisis less likely. As far as Rahm was concerned, the sooner we got such a “Wall Street reform” bill drafted and up for a vote, the better. “It puts us back on the side of the angels,” he said. “And if the Republicans try to block it, we’ll shove it up their ass.
Barack Obama (A Promised Land)
In his original draft, Jefferson indicted George III for his complicity in the slave trade: [H]e has waged cruel war against human nature itself, violating it’s most sacred rights of life & liberty in the persons of a distant people who never offended him, captivating & carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither.… [D]etermined to keep open a market where MEN should be bought & sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce.9 Of course, there was profound irony in the harsh denunciation of a king who had not personally bought or sold slaves on the North American continent, in a document whose author had.
Donald F Kettl (The Divided States of America: Why Federalism Doesn't Work)
Local power is also the realm of the small nonprofit, church, and civic association. A handful of people, properly organized, can drive enormous changes in a city’s dynamics. I’ll offer yet another example from Portland, Oregon. A group of water-conservation enthusiasts, frustrated at the illegal status of graywater reuse in the city and state, formed an organization called Recode. Although many in the group were young, among them they had built solid relationships with a number of local officials, business leaders, and other key people in the politics of the area. Recode pooled their respective connections to gather together relevant stakeholders, such as health officials, state legislature staff, the plumbing board, and developers. To the surprise of all, everyone at the meeting supported graywater use. So, everyone wondered, what was up? A state legislature staffer in attendance zeroed in on the main obstacle: There was no provision in the state codes for graywater. Legally, all of Oregon’s water fell into one of two categories, potable water or sewage. Since graywater was not potable, it had to be considered sewage. The staffer told them, “So, all we need to do is create a third water category, graywater.” They drafted a resolution doing that, got it to their state representative, and it passed at the next legislative session. After three subsequent years of bureaucratic wrangling and gentle pressure from Recode, graywater use became legal in Oregon. Recode then tackled urban composting toilets as their next target for legalization.
Toby Hemenway (The Permaculture City: Regenerative Design for Urban, Suburban, and Town Resilience)
Power in ALEC does not come from political acumen, it comes from brute financial force ... After corporate members use ALEC to draft legislation, the 'model' bills go home with state legislators. The ALEC bills are introduced, debated and voted on by other lawmakers who think the proposals are democratic creations. The method is ruthlessly efficient and effective.
Will Potter (Green Is the New Red: An Insider's Account of a Social Movement Under Siege)
It was not until 1986 that the Department of Health and Human Services (HHS) began to draft laws requiring immigrants to be tested for and found free of HIV. This legislation was sponsored in the Senate by Senator Jesse Helms and was approved - unanimously - in June 1987. "This Senate action was extraordinary," notes a legal opinion, "in that it assumed a responsibility, previously entrusted to the HHS, to determine which communicable diseases would be grounds for excluding aliens.
Paul Farmer (Pathologies of Power: Health, Human Rights and the New War on the Poor)
In 2014, Google left the American Legislative Exchange Council (ALEC) in a public show of disgust: for many years, the Council, a business body specialising in drafting laws favourable to the free market, had given voice to denial. With its water-powered data centres and wind turbines flying on kites, Google wanted to be seen as part of the solution, ‘so we should not be aligned with such people. They’re just literally lying’, an executive explained.
Andreas Malm (White Skin, Black Fuel: On the Danger of Fossil Fascism)
Having been drafted with the strength of Conservative opposition in mind, the India Act was guarded and mean. The ‘safeguards’ in the Bill inevitably gave Indians the impression that the legislation was designed to limit, not facilitate, Independence.
Walter Reid (Keeping the Jewel in the Crown: The British Betrayal of India)
In their desire to root out tyranny once and for all, the members of the state conventions who drafted the new constitutions stripped the new elected governors of much of the power that the royal governors had exercised. No longer would governors have the authority to create electoral districts, control the meeting of the assemblies, veto legislation, grant lands, establish courts of law, issue charters of incorporation to towns, or, in some states, even pardon crimes.
Gordon S. Wood (The American Revolution: A History (Modern Library Chronicles Series Book 9))
While marking time in Princeton in July, Hamilton drafted a resolution that again called for a convention to revise the Articles of Confederation. This prescient document encapsulated many features of the 1787 Constitution: a federal government with powers separated among legislative, executive, and judicial branches, and a Congress with the power to levy taxes and raise an army.
Ron Chernow (Alexander Hamilton)
The nation had to wait for the NDA Government led by the BJP to frame the Right to Information Act. It was only in 2002, when the BJP government was in power that the Freedom of Information Act was introduced in Parliament and passed. It became the Freedom of Information Act, 2002 (5 of 2003). Two years later when the UPA government came to power, it churlishly decided to deprive the BJP of any credit, which was, in all honesty, due to it. They repealed the Freedom of Information Act and substituted it with the Right to Information Act which became fully operational on 13 October 2005. The repeal of the earlier Act was effected by Section 31 of the new Act. It was by no means an improvement on the earlier one. If the Congress government, led by Dr Manmohan Singh, wanted a better drafted law, they could have got it by amending the law, which is the usual behaviour expected of any successor government. Instead they took credit for this legislation, neither acknowledging the foundation of the Act in the judgments of Justice Mathew and other learned judges of the Supreme Court, nor the sincere efforts of the NDA government to bring it about.
Ram Jethmalani (RAM JETHMALANI MAVERICK UNCHANGED, UNREPENTANT)
In the absence of cabinet discussions which might have determined priorities, a flood of legislation emanating independently from each ministry had to be formulated by a cumbersome and grossly inefficient process whereby drafts were circulated and recirculated among ministers until some agreement was reached. Only at that stage would Hitler, if he approved after its contents were briefly summarized for him, sign the bill (usually scarcely bothering to read it) and turn it into law.
Ian Kershaw (Hitler)