Suffrage Provisions in State Constitutions

Extract

Within recent years there has been a tendency to give more careful attention to the technique of legislation. In the past proposed laws have often been prepared by legislators who knew what they wanted, but were not able to express their wishes in scientifically constructed form. It is desirable of course that representatives of the people should determine legislative policy; and yet it is not counter to any intelligent principle of democracy that the drafting of bills should be done by experts who can put in brief though adequate phrases the essence of what the technically unskilled representative may want. It should be their task to use political machinery intelligently, and to warn the overzealous advocate against using it in a vain attempt to achieve an end which mayhap cannot be secured through political machinery at all. It is right that the people, through democratic channels of popular assemblies, should determine what they want; but it is no less proper that use should be made of those with special training to formulate ways and means.

Some states have already established legislative reference bureaus which do the work of bill drafting. The individual legislator goes to the bureau with a general outline of a law he has in mind. The bureau renders expert advice on the subject matter of the bill, if such advice is wanted, and proceeds to draft a measure embracing the subject in hand. The staff connected with the bureau should be prepared to offer advice as to the constitutionality of the proposed law, to cite precedents in other states if such can be found, and to express an opinion as to the probable attitude of the courts when interpreting it. Information should be at hand regarding the experience of other states, or indeed other countries, with similar legislation.