LibGuides: Legislation: Library Resources

Terms

Act - Legislation (a bill or joint resolution, see below) which has passed both chambers of Congress in identical form, been signed into law by the President, or passed over his veto, thus becoming law. Technically, this term also refers to a bill that has been passed by one house and engrossed (prepared as an official copy).

Bill - The principal vehicle employed by lawmakers for introducing their proposals (enacting or repealing laws, for example) in the Senate. Bills are designated S. 1, S. 2, and so on depending on the order in which they are introduced. They address either matters of general interest ("public bills") or narrow interest ("private bills"), such as immigration cases and individual claims against the Federal government.

Committee substitute - Short for committee amendment in the nature of a substitute.

Conference committee - A temporary, ad hoc panel composed of House and Senate conferees which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.

Engrossed bill - The official copy of a bill or joint resolution passed by the Senate and certified by the Secretary of the Senate.

Enrolled bill - The final copy of a bill or joint resolution which has passed both chambers in identical form. It is printed on parchment paper, signed by appropriate House and Senate officials, and submitted to the President for signature.

Public law - A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Statutes at large - A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.

Print

Legislative Process
Call Number: KF4945 .M55
ISBN: 0735576629

Legislative history in print form can be the only method available in many states. Ordinarily the researcher will look at the current section of the code, determine the history of its' enactment, search through the Acts of the Legislature, ascertain the House or Senate bill number, look for the Journal of either House or Senate, depending on genesis and looking for the table of actions taken indicating the page numbers where the language can be found.

An Introduction to statutory Interpretation and the Legislative Process
Call Number: KF425 .M55 1997
ISBN: 1567066127
In an easy-to-read colloquial style, Mikva and Lane lead students To The understanding they need for succes in substantive courses with a heavy statutory emphasis: the Interpretation of Statutes - Beginning whre students do, by reading interpretive cases, The authors demonstrate that statutory interpretation is not simply the search for legislative meaning or intent, but also the exercise of power by a separate branch of government. Organized around two types of cases, those where the statutory language is clear and where it is unclear, this chapter delves into judicial approaches to statutory interpretation And The tools employed for that purpose, As well as criticism of such approaches. the Legislative Process - Addresses the environment in which the consideration of legislation takes place And The dynamics of the enactment process. the Enactment of a Statute - Follows a particular bill through the window of the Congressional Record. This illustrates example focuses attention on the details and language of the legislative process. the Anatomy of a Statute - A complete dissection of the structure, form, and generic provisions. the Publication of Statutes - Offers little-known insights that can be used for tactical advantage
The Legal Process: Basic Problems in the Making and Application of Law by Hart & Sacks
Call Number: KF386 .H3 1994
ISBN: 1566622360
Legistion: Statutory interpretation: 20 Questions by Kent Greenawalt
Call Number: KF425 .G74 1999
ISBN: 1566627842
This book gives an overview of the field of statutory interpretation for the law student. It examines the subject through questions that help show how Legislation is crafted. Part of the University Casebook Series, it features expertly edited cases, text and questions for classroom discussion
Federal Legislative Histories
Call Number: KF42.2
ISBN: 0313230927
The use of legislative history materials is an essential step in American legal research and statutory interpretation. Legislative histories look at the legislative purpose and intent of Congress where the language of the statute is vague, unclear, or lacks specifics. The judiciary, legal scholars, the legal profession, and the creators of government policy turn to the various documents drafted during the law-making process to clarify areas of confusion or ambiguity. Precise and thorough research in the United States statutes and codes depends on having access to the materials that make up the pre-enactment history. For years, the U.S. Government Printing Office, Federal Administrative Agencies, and Federal Commissions have randomly collected, organized, excerpted, and indexed the various documents that explain the history and intent of a statute. This compilation identifies those officially created sources and provides an important access point to the legal researcher and those interested in the policy behind the nation's laws.
Mastering Statutory Interpretation
Call Number: KF425 .J455 2008
ISBN: 1594603146
Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material.This book is part of the Carolina Academic Press Mastering Series edited by Russell L. Weaver, University of Louisville School of Law
Statutory interpretation : general principles and recent trends by Kim, Yule.
Call Number: KF425 .K56 2009
ISBN: 1606929976
This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court's methodology in construing statutory text, the Court's approach to reliance on legislative history are also briefly described. In analysing a statute's text, the Court is guided by the basic principle that a statute should be read as a harmonious whole, with its separate parts being interpreted within their broader statutory context in a manner that furthers statutory purpose. The various canons of interpretation and presumptions as to substantive results are usually subordinated to interpretations that further a clearly expressed congressional purpose.
Statutes in court : the history and theory of statutory interpretation by Statutes in court : the history and theory of statutory interpretation
Call Number: KF425 .P67 1999
ISBN: 0822323281
How do judges determine the meaning of laws? The extent to which judges should exercise their discretion in interpreting legislation has been a contentious issue throughout American history, involving questions about the balance of power between the legislature and the judiciary. InStatutes in CourtWilliam D. Popkin provides an indispensable survey of the history of American statutory interpretation and then offers his own theory of "ordinary judging" that defines the proper scope of judicial discretion. Popkin begins by discussing the British origins of statutory interpretation in this country. He then maps the evolving conceptions of the judicial role in the United States from Revolutionary times through the twentieth century before presenting his "ordinary judging" theory-one that asks the judge to use modest judicial discretion to assist the legislature in implementing good government. Claiming that theory cannot account for everything a judge does when determining statutory meaning or writing an opinion, Popkin shows how judges who strive to be conscientious in interpreting the law are often hampered by the lack of both a framework in which to fit their approach and a well-understood common vocabulary to explain what they do.Statutes in Courtfills that gap. This work will be valuable to anyone concerned about the judicial role in the interpretation of laws-from judiciary officials and law professors to legal historians and political scientists
Judging under uncertainty : an institutional theory of legal interpretation by Adrian Vermeule
Call Number: KF4575 .V47 2006
ISBN: 0674022106
How should judges, in America and elsewhere, interpret statutes and the Constitution? Previous work on these fundamental questions has typically started from abstract views about the nature of democracy or constitutionalism, or the nature of legal language, or the essence of the rule of law. From these conceptual premises, theorists typically deduce an ambitious role for judges, particularly in striking down statutes on constitutional grounds. In this book, Adrian Vermeule breaks new ground by rejecting both the conceptual approach and the judge-centered conclusions of older theorists. Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. Drawing upon a range of social science tools from political science, economics, decision theory, and other disciplines, he argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty. In view of their limited information and competence, judges should adopt a restrictive, unambitious set of tools for interpreting statutory and constitutional provisions, deferring to administrative agencies where statutes are unclear and deferring to legislatures where constitutional language is unclear or states general aspirations.
United States Code Congressional and Administrative News
Call Number: KF48 .W45
Congressional Information Service
Call Number: Z1223.Z9 C65 1975
ISBN: 0912380268

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Legislative Research Guide

WVU Law Library Leg. Research Guide
This guide is to help understand the Legislative Process and legislative History in both the United States Legislature and the West Virginia Legislature.