Take the example of Robert Moses, arguably the most famous legislator of the twentieth century, who developed his own style of design to greatly influence the infrastructure and development of New York State. [18] Moses, known as the “builder,” was a political scientist who used his powerful drawing skills to influence society. Much has been written about Robert Moses` controversial legacy, but what is certain is that he was able to use his legislative powers to achieve his goals, such as the creation of the Jones Beach State Park Authority, the Triborough Bridge and Tunnel Authority, and the unification of the five park divisions of New York`s boroughs. The unification of park departments resulted in the completion of 1,700 projects within months, including the reconstruction of the Central Park Zoo. His drawing skills allowed him to write laws for agencies and influence urban planning in New York and across the country.[19] The achievements resulting from Robert Moses` skillful drawing were hailed at the time by the New York Times as “not very miraculous.” [20] Note: Words or phrases in italics were omitted from the final version. Words or phrases in parentheses have been added to the original project and appear in the final draft. The ability to influence society through well-written laws is unprecedented. As President Barack Obama said, “Good compromise, good legislation, is like a good sentence. Or a good piece of music.
Everyone can see it. They say, `Huh. It`s working. That makes sense. » [1] 4. Don`t rush automatically to recreate the wheel. You may be given a task that seems surprisingly difficult. We were all there. Take a deep breath and relax. Chances are another jurisdiction will face the same problem.
Examine how other states have drafted similar laws. States obviously have different laws and different formats for drafting laws. However, research into how other states have formulated their legislation can be used to convey general ideas that you may not have considered before. However, make sure you use these templates only for this purpose. These laws are specific to their jurisdictions. 1. Write simply and carefully. The bills are “a highly technical discipline, the strictest form of writing outside of mathematics.” [2] It acts as practical poetry for lawyers as we astutely choose words to shape society. Unlike flowery and abstract poetry, which contains images that leave the audience perplexed as to their meaning, in the field of design, you need to be aware, intentional, and clear with your use of words.
Although poets love synonyms, consistency is the key to drawing. Consider how your choice of words can be interpreted so that it does not inadvertently convey an intent other than that of the legislative sponsor. When drafting a law, specify exactly what should be said as simply as possible. Don`t worry about dazzling the reader with your erudite diction and impressive caliber of jargon. If you need it, you can save it for another forum, such as a cocktail party. In the context of legislative development, the brilliance is conveyed by articulating the intent of a legislative sponsor in the clearest and most concise manner possible. If you write in a confusing way that can then be misinterpreted in the application and enforcement, the resulting problems could be subject to lawsuits that waste time, money, and legal resources. Never underestimate the power of words and carefully consider every word you include in your bills.
As a newly admitted lawyer, you need to know how to draft laws if you choose to practice law. One of my first legal experiences was after I was appointed associate counsel on the New York State Legislative Bill Drafting Committee. I have written for the New York State Assembly and the New York State Senate and debated the constitutionality of the bill. Legislative lawyers may have different roles and government requirements may be different, so you will need to design within your role and the requirements of the jurisdiction. However, these are the general lessons I have learned from my own experiences. Another example of a miswording was recently discussed in the Huffington Post article on USA v. Texas. Lawmakers drafted “chaotic language” that even led the U.S. attorney general to confuse the terms. [7] The dispute involved twenty-six states and a policy that would allow an estimated four million undocumented people to remain in the country temporarily. It was disputed whether federal policy would grant legal immigration status to those affected, which Texas refused. The policy would make undocumented immigrants “legally present” for three years, but the federal government struggled to explain the difference between “legal” and “legal residence” in the country.
The term “status” was also confusing because it was not clear whether “deferred measures” would be considered “immigration status.” One commentator described this problem as “another example of something right and absurd at the same time.” [8] for suspending our own mandates and giving us the power to legislate for us in all cases: for example, the timing that corresponds to the budget deadline in New York State can be extremely loaded with a flood of laws that need to be written. The New York Times detailed the frustrations associated with a last-minute bill of more than six hundred pages. As the article shows, the legislative cycle can lead to agreements reached late at night. In the author`s view, all such legislation must be drafted quickly but effectively within a set time frame. [12] The key is to be thorough enough to finish your work and do a great job, but not to explore problems with such depth that you don`t have time to finish your other job. Instead, this intensive level of substantial research should be done by the legislative sponsor`s office, and you need to focus on your task: design. Professor William F. Patry, former copyright counsel to the US House of Representatives, said: “While legislative initiatives often take a long time to implement, sometimes years, enforcement can be brutally rapid. Haste makes waste and mistakes.