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Why is legislation thousands of pages long, completely unintelligible, and non-navigable?

Totally random example (taken from HR 3200 - Health Choices Act of 2009):

Quality.

‘‘(8) CONFLICTS OF INTEREST.—

‘‘(A) IN GENERAL.—In appointing the members of the Commission or a clinical perspective advisory panel described in paragraph (2)(H), the Secretary or the Commission, respectively, shall take into consideration any financial interest (as defined in subparagraph

16 (D)), consistent with this paragraph, and develop a plan for managing any identified conflicts.

Wait, who's "the Secretary" again? And who oversees him/her?

And what's the "clinical perspective advisory panel?"

And what's "the Commission?"

Every paragraph refers back to some other paragraph, using vague language to define other vague language. It's endless.

How can citizens participate meaningfully in civic affairs if they cannot themselves glean an ounce of meaning from the laws that govern them? We elect rich people to positions where they write the law, and then we have to wait for them to tell us what any of it means?

Maybe I'm just "not smart" in the lawyer sense of the word. But whether there's any legitimate reason for legislation to look like this or not, isn't the fact that the public has no real way to grasp any meaning from legislation a problem in itself?

Update:

All excellent answers so far.

9 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    Attorneys write much of the language introduced into bills for legal purposes.

    The legislation isn't written for you and I to understand, it is written so that when lobbyists and corporate attorneys go through it (after it becomes law), they know exactly which loopholes to jump through.

    This is big business and a lot of law firms make good money on contract law.

  • 1 decade ago

    The Secretary is the Secretary of Health and Human Services and her boss is the President who talks to her at a board meeting every few days for about 15 minutes.

    The clinical perspective advisory panel is a panel that is put together by the President's Health Czar to ration health care so the annual budget can be met.

    The Commission is a panel that is put together by the President's Health Czar to ration health care so the annual budget can be met without directly saying in the name of the Secretary of Health.

    The format of the document is typical of all Federal Regulations. This how lawyers and lobbiest get rich and the taxpayers get screwed.

    You have picked the true death panel part of the law.

  • 1 decade ago

    Documents in this nature are drafted up by lawyers as we all know. The vague language i believe is to confuse the reader, and yet leave a loop hole for the government to interrupt it at a later date their way. Other wise known as dammed if you do and dammit if you don't.

    Also it is written in this dialect so the average person or senator unless you are a lawyer cannot understand it. The most comical part of all this, people allow other person's to act upon these laws, when we are persons of the land. No laws should be given to govern an individual. You may see the world taking more personal responsibility. The 10 commandments are all we need. I am not a church person, but they make sense to me. I'm sure all of us can understand them. Amen.

  • 1 decade ago

    If the public understood it easily and always knew what was going on

    ..there would be no need for lawyers to come along and take away all your money to help understand.

    Not just that most laws and statutes are stemmed from much older forms of legislation years and years old, and are only somewhat manipulated from them. You often find that the wording is very dated, but it's like the saying

    "if it's not broke why fix it?"

    Source(s): 3rd year law student.
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  • 1 decade ago

    I think they do it to keep us from knowing what it really says. It takes determination to read it. I've emailed Senators, Congressman and Axelrod at the White House multiple times with specific questions. They don't want to answer. I think it must hold a world record for cross references.

  • Anonymous
    1 decade ago

    Lawyers need work and they don't want us normal people to be asking questions. We're just supposed to take the politicians word that bills do what they say they do.

  • 1 decade ago

    Like all legal documents, it's written in a legal dialect.

  • Anonymous
    1 decade ago

    I agree. It should be easy to read and understand.. If they are so smart, why can't they do that?

  • ?
    Lv 4
    1 decade ago

    "If you can't dazzle them with brillance, baffle them with bullsh*t."

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