Changes

== Legislative History ==

== Legislative History ==

The [[Constitution]] is a model of clarity compared with what Congress passes each year.  Ambiguities pervade laws passed by Congress.  Often the [[congressman|congressmen]] argue among themselves, and then pass compromised language rather than clarity.  They may not even agree what the language means at the time it is passed.

The [[U.S. Constitution]] is a model of clarity compared with what Congress passes each year.  Ambiguities pervade laws passed by Congress.  Often the [[congressman|congressmen]] argue among themselves, and then pass compromised language rather than clarity.  They may not even agree what the language means at the time it is passed.  '''''Most congressmen do not even read the bills that they pass into law'''''.

[[Senator]]s like [[Ted Kennedy]] would insert comments on the [[Senate]] floor and in [[committee]] reports about what they feel the [[statute]]s mean.  Sometimes lengthy descriptions of intent are inserted by a few senators into these reports.  [[Court]]s then pick up on these comments to find meanings that may not have been shared by most of the supporters of the statutes.

[[Senator]]s like [[Ted Kennedy]], the most powerful senator for decades until he passed away in 2009, would insert comments on the [[Senate]] floor and in [[committee]] reports about what they feel the [[statute]]s mean.  Sometimes lengthy descriptions of intent are inserted by a few senators into these reports.  [[Court]]s then pick up on these comments to find meanings that may not have been shared by most of those who voted for the law.

The reports and statements by congressmen in connection with passage of a [[bill]] are known as its “legislative history.”  For most of our history, it was popular for courts to rely heavily on legislative history in interpreting a statute.  To combat this, Presidents [[Ronald Reagan]] and the first [[George H. W. Bush|George Bush]] began attaching their own interpretations of statutes to what they signed into [[law]].

The reports and statements by congressmen, and sometimes even testimony by others at the committee hearings, in connection with passage of a [[bill]] are known as its “legislative history.”  For most of our history, it was popular for courts to rely heavily on legislative history in interpreting a statute.  To combat this, Presidents [[Ronald Reagan]] and the first [[George H. W. Bush|George Bush]] began attaching their own interpretations of statutes to what they signed into [[law]].

What did the [[Framers]] of the [[Constitution]] do?  They insisted that all notes and viewpoints be destroyed at the end of the constitutional convention.  They did not want any “legislative history” to influence the interpretation of the Constitution itself.  Only James Madison preserved his notes, which were not published until many decades later.

What did the [[Framers]] of the [[Constitution]] do?  They insisted that all notes and viewpoints be destroyed at the end of the constitutional convention.  They did not want any “legislative history” to influence the interpretation of the Constitution itself.  Only James Madison preserved all his notes, which were not published until many decades later.

Several on the [[U.S. Supreme Court]], such as [[Antonin Scalia|Justice Scalia]], feel that legislative history should have no influence in interpreting a statute.  In what is known as "[[textualism]]", these [[conservatives]] feel that the text of the statute alone should define its meaning.  What do you think?

Several on the [[U.S. Supreme Court]], such as [[Antonin Scalia|Justice Scalia]], feel that legislative history should have no influence in interpreting a statute.  In what is known as "[[textualism]]", these [[conservatives]] feel that the text of the statute alone should define its true meaning.  What do you think?

== States Determine Election Procedures ==

== States Determine Election Procedures ==