When I listen to the politicians talking about issues making their way throughout the cycle of the media such as the scandals
we have heard about from seemingly a never-ending list, I wonder just
what the process is in Congress for actually making laws rather than
just talking about them. We are a country that presumably is based on a
free-market system that responds to supply and demand for services and
products. Yet, we are exceeding 17 Trillion dollars of debt. We are
taxing people on just about everything that moves, even though the
Department of Labor now reports the jobs that were lost in the recession
in 2009 have now been brought back, people everywhere seem to be worse
off than they were before the recession.
The American people seemingly have finally figured out that something
Ronald Reagan said two decades ago about the lack of money not being the
problem, but the problem is the amount of government taking more of the
taxpayer's money is the problem. We have career politicians churning
out the laws and bills in Congress at a rate that is staggering in
proportion to what used to happen. Remember when Nancy Pelosi told her
colleagues in the House, as well as the American people, that we needed
to pass the Obama Affordable Care Act so we could read it to find out
what was in it? It never occurred to her cognitively that perhaps she
had it backwards; maybe she and her fellow democrats should have read it
first and then considered if it was worthy of passing. But, alas, a
document of over 20 thousand pages cannot be read and understood in such
a short time as allowed to read such a document. That has become the
norm for pushing through a bill to pass a law, so long and cumbersome
with legal jargon as to not be understood by most people other than
attorneys.
Perhaps we should look at the virtue of brevity
regarding the laws of our land. There are only 482 words in the entire
Bill of Rights which consist of the first 10 Amendments of the
Constitution. In those 482 words American citizens are granted the
rights of no government religion, freely practicing religion, right to
bear arms, prohibiting military from taking over personal citizens'
homes, prohibits unreasonable searches and seizures without warrants,
protects from false indictments, lays out rules for eminent domain,
grants due process, right to fair and speedy trial by jury, trial by
jury in civil cases, prohibits excessive fines and excessive bail and
unusual punishment, protects rights not enumerated in the Constitution
and limits the powers of the federal government to those delegated to it
by the Constitution. Some time ago I saw a picture that contained some
thoughts regarding what a bill should be before it is passed by
Congress to make its way toward becoming a law.
The bill Congress
considers should focus on only one issue at a time rather than an
all-encompassing array of bills contained in one document. No bill
should exceed ten pages of focused material. When bills contain
thousands of pages there is a scramble for the Congressmen and
Congresswomen to try to read it. More likely than not they rely on
their Congressional aides to read the material and then provide
summaries of the more important parts of the bill. The problem
encountered with that method is that multiple perceptions of party
politics play a big part in the interpretation of the bill which results
in nothing more than a free-for-all debate that never really focuses on
the true content of the bill.
Another requisite of the bill
should be a reference made from the Constitution that authorizes that
particular bill. That clearly states up front what the bill is about
and how it is to be interpreted from specific references to the
Constitution. It establishes the intent of the bill and helps in future
arguments regarding challenges that may occur, even from the Supreme
Court's perspective as they make the final decision regarding the
Constitutionality of the law.
A further consideration for the
bill should be the content and focus of the bill to be directly
correlated with the title of the bill. The content should reflect the
purpose of the bill, again with no more than 10 pages, and relate
directly to the title. That would keep the bill focused and prevent the
tributaries of legalese from tainting the real meaning.
The
language of the bill should be written in diction that is in layman's
terms and is easy for any citizen with a modicum of education to
understand. It is sort of like reading the Bill of Rights written in
language easily understood so the meaning of the words convey the actual
content and is not hidden within a mountain of legalities referring to
numerous other documents with extensive footnotes and references. The
legal terms tend to distract to the actual intent of the law and
deflects most from reading it from a point of understanding. If a
person needs an example of the impossibility of understanding, pick up
any set of laws published in the Congressional Record and read them for
content and understanding.
Another component of any bill passed
by Congress should contain the total cost of the implementation of the
bill and the process needed to pay for the implementation of the bill.
Those costs should be identified and the process by which the funding is
to be secured to pay for the components of the bill. The United States
has not become so indebted to the tune of over 17 Trillion dollars by
not borrowing funds to implement the laws of the land. Any bill coming
out of Congress should have a price tag attached to it and how it should
be paid for and by whom.
Not only should the cost of the bill be
forthright, and who will be footing the cost of the bill for the
implemented law, but it should also contain an accompanying list of who
will benefit from the implementation of the law. Not just the
recipients of the specific program of what the bill covers, but the
sponsor of the bill and the direct benefit to that particular person, if
any.
Finally, if there is an appropriation needed for the bill
to be enacted, the bill must contain a date when the bill expires.
There should be time limits placed on any appropriation process other
than just a perpetual annualized cost. If the bill has established an
excise tax of any kind it should be time-limited or have full
justification regarding why it would not be. Provisions should
accompany the bill to establish the conditions under which the
expenditures may be made and the guidelines for accountability for the
agency spending the funds appropriated for the implementation of the
bill.
Spending must be brought under control since the
over-budget spending cannot continue indefinitely without a significant
breakdown of our economic system.
Jim Killebrew
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