Table of Contents

Summary Table of Contents

Chapter	Title
1	Being a Drafter
2	Understanding How Laws Are Made
3	Considering the Courts: Statutory Interpretation
4	Thinking Through the Policy
5	Choosing the Right Measure
6	Writing Effectively
7	Organizing and Arranging
8	Using the Right Style
9	Affecting and Amending Other Laws
10	Working in, and Working with, the Executive Branch
Appendices	Title
One	The Impact of Information Technology on Drafting
Two	Suggestions for Further Reading
Three	Useful Web Sites
Four	The Legislative Process--A Working Example
Five	Positive Law and Non-Positive Law
Six	Concerning Birds and Ponies, Poultry and Rabbits
Seven	The Federal Legislative Measures--Some Examples
Eight	The Federal Drafting Styles--Some Examples
Nine	Executive Branch Materials
Ten	A Drafting Practicum
Eleven	The Constitution of the United States
Back of the Book
	Table of Cases
	Table of Constitutional Provisions
	Table of Statutes at Large
	Table of Public Laws
	Table of U.S. Code Sections
Index

Table of Contents

Chapter 1.  Being a Drafter

section	title
	All of Chapter 1 is available as a pdf
1.00	Introduction
1.10	The Essence of Drafting
1.11	The Drafter and the Policymaker
1.12	How Policy Can Influence Drafting
1.13	How Drafting Can Influence Policy
1.20	The Drafting Process
1.30	Professional Obligations
1.31	Drafting by Attorneys and by Non-Attorneys
1.40	Attributes Important to Drafting
1.41	Knowledge
1.42	Skills
1.43	The "Legislative Counsel Type"
1.50	Resources Important to Drafting
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Chapter 2.  Understanding How Laws Are Made

section	title
2.00	Introduction
2.10	Organization and Operation of Congress
2.11	Congress from Term to Term
2.12	Functions of Congress
2.13	Committees
2.14	Clerks
2.15	Parliamentarians
2.16	Offices of Legislative Counsel
2.17	Law Revision Counsel
2.20	The Legislative Process in Congress
2.21	Introducing a Bill
2.22	Number, Referral, and First Print
2.23	Hearings and Markups: Overview
2.24	Subcommittee Action
2.25	Full Committee Action
2.26	Floor Proceedings
2.30	Actions in Other Chamber
2.31	Resolving Differences by Amendment or Conference
2.40	Enrollment
2.41	Last-Minute Corrections
2.50	Executive Action
2.51	Presentment to the President
2.52	Approval (or Disapproval)
2.60	Publishing the Law
2.61	Public Law Number
2.62	Slip Law
2.63	Statutes at Large
2.70	Compilations
2.80	The United States Code
2.81	The Revised Statutes of 1873
2.82	The Revised Statutes of 1878
2.83	Positive Law and Non-Positive Law
2.84	Origin of the Code as Non-Positive Law
2.85	Editorial Changes
2.86	General and Permanent Law
2.87	Organization into Titles
2.88	Enactment of Titles into Positive Law
2.89	Codification and Classification of New Laws
2.90	Resolving Conflicts among Published Versions of Law
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Chapter 3.  Considering the Courts: Statutory Interpretation

section	title
3.00	Introduction
3.01	Courts: The Most Important Audience
3.02	What Kind of Judge?
3.10	Judicial Power and Legislative Supremacy
3.11	The Power to Interpret
3.12	Making Congress Follow the Techniques
3.13	Tensions between Courts and Congress over Interpretation
3.14	Efforts by Congress to Regulate Interpretation
3.20	The Overriding Goal: Determine the Intent of Congress
3.21	Rules of Thumb, Not Rules of Law
3.22	Three Common Theories (Intentionalism, Textualism, and Pragmatism) and Their Limitations
3.23	The Plain Meaning Rule
3.24	The Meaning of "Plain Meaning"
3.25	The Consequences of Plain Meaning
3.26	When Plain Meaning Is Not Enforced
3.27	When There Is No Plain Meaning
3.30	Reading the Text of the Statute
3.31	Reading the Text of the Statute
3.32	Derive Meaning from Context
3.33	Assume Words Are Used Consistently
3.34	Assume Each Word Is Used for a Reason
3.35	Assume the Provisions Form a Coherent Whole
3.36	Purposes, Findings, Titles, and Headings
3.37	Grammar and Punctuation
3.38	Placement in Code
3.40	Considering Other Statutes
3.41	Related Statutes
3.42	General Federal Laws
3.43	Earlier Versions of the Same Statute
3.44	Resolving Conflicts between Statutes
3.50	Considering Constitutional Issues
3.51	Avoiding Serious Constitutional Problems
3.52	When the Court Requires Clear Statements
3.53	When the Court Requires Specific Findings
3.60	Actions by the President and Other Executive Officers
3.61	Presidential Signing Statements
3.62	Agency Interpretation and Chevron Deference
3.70	Actions by the Congress and Other Legislative Officers
3.71	Interpretation of Appropriations Acts
3.72	Legislative History: Why It Is Problematic
3.73	Legislative History Compared with Post-Enactment Statements
3.74	Legislative History Compared with Subsequent Legislative History
3.75	Report Language
3.76	Individual Statements
3.77	Hearing Testimony
3.78	Amendatory History
3.79	The Opinion of the Drafter
3.80	Some Topics of Special Interest to Drafters
3.81	Definitions and Terms of Art
3.82	Narrow Interpretations and Broad Interpretations
3.83	Congress Does Not Mumble
3.84	How the Court Interprets a List
3.85	The Court's Reluctance to Imply Additional Exceptions
3.90	Conclusion
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Chapter 4.  Thinking Through the Policy

section	title
4.00	Introduction
4.10	The Perils of Ineffective Thinking
4.11	Problems of Application
4.12	Problems of Transition
4.13	Problems of Administration
4.14	Problems of Enforcement
4.15	Problems of Prediction
4.20	The Elements of Thinking Through the Policy
4.21	Engaging the Client
4.22	Figuring Out the Problem and the Objective
4.23	Asking for Details
4.24	Researching the Facts and Law
4.25	Analyzing Alternatives
4.26	Creating a Coherent Solution
4.27	Conducting a Reality Check
4.30	Two Ways to Test Legal Rules: The Actor-Action Model and the If-Then Model
4.31	The Actor-Action Model
4.32	The If-Then Model
4.33	Tools for Thinking, Not Writing
4.40	The Major Types of Legal Rules
4.41	Law Is a Vast System of Legal Rules
4.42	Rules of Command
4.43	Rules of Discretion
4.44	The Complex Interplay between Commands and Discretion
4.45	Rules of Stipulation
4.46	How the Types of Rules Can Overlap
4.47	Commands That Are Not Mandatory: Hortatory, Precatory, and Directory
4.48	Discretion That Is Not Unfettered
4.50	Considering the Constitution
4.51	Sources of Power
4.52	Limitations on Power
4.53	A Word of Caution
4.60	Parliamentary Issues
4.61	Budgetary Issues
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Chapter 5.  Choosing the Right Measure

section	title
5.00	Overview
5.10	Elements Common to All Measures
5.11	Designation and Number
5.12	Term and Session Identifier
5.13	Chamber Identifier
5.14	Sponsor and Referral Information
5.15	Long Title
5.16	Enacting Clause or Resolving Clause
5.17	Text or "Body"
5.18	Information Provided by Legislative Counsel
5.20	The Bill
5.21	What It Means to "Make Law": The Chadha Decision
5.22	Long Title
5.23	Enacting Clause
5.30	The Simple Resolution
5.31	Long Title
5.32	Resolving Clause
5.33	Text
5.40	The Concurrent Resolution
5.41	Long Title
5.42	Resolving Clause
5.43	Text
5.50	The Joint Resolution
5.51	Long Title
5.52	Resolving Clause
5.53	Text When Proposing a Constitutional Amendment
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Chapter 6.  Writing Effectively

section	title
6.00	Introduction
6.10	The Perils of Ineffective Writing
6.11	Ambiguity
6.12	Inconsistency
6.13	Arbitrariness
6.14	Vagueness
6.15	Over-Precision
6.16	Over-Generality and Under-Generality
6.17	Overbreadth
6.18	Poor Readability
6.19	Enactment by Reference
6.20	The Elements of Being Clear
6.21	Be Simple
6.22	Be Ordinary
6.23	Be Brief
6.24	Be Consistent
6.25	Be Readable
6.30	Use Plain English
6.31	Beware "Plain Language"
6.40	Drafting an Effective Sentence
6.41	Arrange Words with Care
6.50	The Action
6.51	Active Voice
6.52	Present Tense
6.53	Verbs That Are Vivid and Concrete
6.54	Indicative Mood
6.55	"Shall" and "May"
6.56	"Shall Not" and "May Not"
6.60	The Actor
6.61	Third Person
6.62	Singular Rather Than Plural
6.63	Articles Rather Than Indefinite Adjectives
6.64	Avoid Pronouns
6.65	Avoid Noun Chains
6.70	Punctuation
6.71	Use the Serial Comma
6.72	Include Punctuation when Amending Other Law
6.80	Start from Scratch if You Can
6.90	No Such Thing as a Perfect Draft
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Chapter 7.  Organizing and Arranging

section	title
7.00	Introduction
7.10	Choosing a Sequence
7.20	The Section
7.30	Subdividing a Section into Smaller Units
7.31	Referring to Smaller Units
7.32	Interlocked Units
7.33	Undesignated Units
7.40	Grouping Sections into Big Levels
7.50	Using Definitions
7.60	Arranging and Drafting Commonly Used Provisions
7.61	Short Title
7.62	Authorization of Appropriations
7.63	Severability and Non-severability
7.64	Applicability or Effective Date
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Chapter 8.  Using the Right Style

section	title
8.00	Introduction
8.10	The Style of the Early Congresses (Style of 1789)
8.20	Appropriations Style
8.30	Traditional Style
8.40	Revenue Style
8.50	Modified Revenue Style
8.60	Code Style
8.70	Variations and Mavericks
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Chapter 9.  Affecting and Amending Other Laws

section	title
9.00	Introduction
9.10	How Courts Reconcile Statutes
9.20	Repealing a Law
9.30	Amending a Law
9.31	The Cut-and-Bite Method (Striking and Inserting)
9.32	The Restatement Method (Amending to Read as Follows)
9.33	Writing Amendatory Instructions Effectively
9.34	Redesignations
9.35	The Ratification Doctrine
9.40	Affecting without Amending
9.41	Notwithstanding Any Other Provision of Law
9.50	Attempting to Bind Future Congresses
9.51	Attempting to Authorize Future Congresses
9.60	Referring to Other Law
9.61	Incorporating Other Laws by Reference
9.70	Avoiding Damage to the Statute Book
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Chapter 10.  Working in, and Working with, the Executive Branch

section	title
10.00	Introduction
10.01	Drafters Who Are "More Than Drafters"
10.02	Drafters Who Draft Regulations
10.10	The Role of the President in Legislation
10.11	Agencies and Tensions within the Executive Branch
10.12	Ways in Which Agencies Interact with Congress
10.13	Who Is Your Client?
10.20	Overview of the Office of Management and Budget (OMB)
10.21	OMB's Organizational Units
10.22	OMB's Major Functions
10.30	Relationship between Legislative Proposals and Budget Submissions
10.31	The Annual Cycle (Circular No. A-11)
10.40	Legislative Coordination and Clearance (Circular No. A-19)
10.41	Submission of Legislative Program by Agency
10.42	Submission of Proposed Legislation by Agency
10.43	Coordination and Clearance of Proposed Legislation by OMB
10.44	Agencies with Legislative "Bypass" Authority
10.50	Choosing Strategies for Developing Proposals
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APPENDICES

Appendix One.  The Impact of Information Technology on Drafting

Appendix section	title
App. 1.00	Introduction
App. 1.10	Instant Bills: The Impact of Information Technology (IT) on Legislative Drafting in Canada

Appendix Two.  Suggestions for Further Reading

Appendix section	title
App. 2.00	Introduction
App. 2.10	Books
App. 2.20	Journals and Periodicals
App. 2.30	Articles
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