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Scientific Assistance in Law Making

Published online by Cambridge University Press:  04 October 2013

Horace E. Flack*
Affiliation:
Department of Legislative Reference, Baltimore, Md.
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Extract

There has been much criticism of American legislatures and of the character of laws which they annually produce, but until quite recently little or nothing has been done to remedy the conditions thus criticised. The criticism has been and still is largely destructive, not constructive. A view quite generally held is that we have entirely too much legislation and in order to remedy this, it has been urged that we should have less frequent sessions of the legislature and that these sessions should be limited as to time. An argument advanced against limiting the sessions, that should have considerable weight, however, is that such a limitation would make it practically impossible to secure well considered laws. A careful examination of the statutes of the several States would, no doubt, demonstrate the fact that a short session instead of decreasing the number of laws has actually been the cause of increasing them. The reason for this is that sufficient time is not given to discover the defects of and the objections to many bills which would otherwise be defeated, if time were given for investigation and consideration. Certainly an examination of the laws of Massachusetts, Wisconsin, Illinois and other States which have no limit on the length of the legislative session shows a smaller output of laws than is the case with many of the States which have limited the legislative session to sixty or ninety days.

Type
Papers and Discussions
Copyright
Copyright © American Political Science Association 1914

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References

1 The Wisconsin Idea, p. 223.

2 Legislative Methods and Forms, p. 242.

3 “The Spread of Legislation and the Need for Improved Legislative methods.” Proceedings of the Association of Life Insurance Presidents for 1908, p. 78.

4 McCarthy, , The Wisconsin Idea, p. 206 Google Scholar, and Bruncken, ErnestDefective Methods of Legislation,” The American Political Science Review, May, 1909 Google Scholar.