10 Rules for the House and Senate That Will Make Things Right With Our Government's Bills
By Bradley Blakeman
FOXNews.com
We need a Bill of Rights for the U.S. Congress. Here's why:
To hold up a bill
because the amendments thereto are not germane
to the main subject matter is disgraceful.
The fact that either Party would stymie a bill
with non-subject matter amendments is all about
politics and has little if nothing to do with
governing.
Folks, this problem is just the tip of the
iceberg. We need to get back to basics and that
means that all bills in the House and Senate
must adhere to the following rules: Here's my
plan for a "Bill' of Rights:
1. Bills are limited to no more than 125 pages;
2. Bills must be written in plain English;
3. Bills cannot contain any amendment that is not germane to the main subject matter of the bill itself;
4. Bills must be published online within 24 hours of being referred for committee consideration;
5. Bills must be published online within 48 hours of any votes being taken on the bill by committee or by the full House or Senate;
6. Bills must contain a "citations" page, which identifies all persons who had an actual hand in writing the bill including government and non-government persons; and must identify the section(s) they had a hand in;
7. Bills must contain a preamble which attests to the Constitutionality of the Bill citing the exact constitutional language and section(s) that permit the bill;
8. No earmarks will be allowed to any bill. As a compromise, the leadership of the House and Senate Republicans and Democrats may offer a annual "Discretionary Spending Bill" which will contain the names of the members who are requesting the expenditure, the name of the beneficiary, the purpose of the expenditure and the amount of money that is requested;
9. Bills will not add to the deficit;
10. Bills must be
pay as you go and must be funded by current
revenues.
Bills must stand and fall based on the subject
matter of its content and not on amendments
added by members when no one is looking or in an
effort to defeat or sabotage the bill itself.
Our Founding Fathers wrote the documents
creating the greatest nation the world has ever
known using plain English. Although drafted by
highly educated and talented people, they knew
that in order to get the public to support their
efforts the common as well as the cultured had
to understand it.
There is not a doubt in my mind that the average
American high school student today can fully
understand and appreciate the words and the
meaning of the Declaration of Independence, The
Constitution, and the Amendments thereto
including the Bill of Rights. The same cannot be
said of the health care bill. You need a Ph.D.,
a degree in economics and a law degree to fully
appreciate the convoluted and highly technical
legislation that will affect every single
American.
There is no way even the average legislator can
fully understand a 2,000+ page highly technical
bill, even with the benefit of the extensive
staff's they are afforded.
Highly specialized staffers, government lawyers,
lobbyists, industry executives and their lawyers
and "experts" write these Bills. They are
purposely written to obscure the true intent,
meaning and effect of the Bills they author. In
addition, to fully understand and appreciate a
bill you must be able to understand and
appreciate the agencies rules and regulations
that are incorporated by reference which adds
thousands of more pages that must be read in
conjunction with the underlying bill it affects.
If as a legislator, you have not read a bill,
How can you vote on it?
If as a legislator, you cannot understand a
bill, how can you vote on it?
If the American People cannot understand a bill,
how can they support it?
Many states have enacted "plain language"
statutes that require consumer contracts to be,
written in a clear and coherent manner using
words with common and everyday meanings (See
N.Y. General Obligations Law Section: 5-702.)
It is ironic that our federal government enacted
the "Truth in Lending Act" which requires
certain disclosures be made to consumers yet
there is no requirement for those disclosures to
be written in "plain language."
Our Constitution begins with the immortal lines,
"We the People" not "We the Elite," or "We the
Legislators." "The People" need to understand
what their government is doing in their behalf.
The only way to insure our legislators are
engaged and leading us -- as opposed to being
led by others not responsible to the people --
is to streamline the process so they can do
their jobs effectively.
The only way to insure a more informed and
engaged public is to provide them with
information they can understand.
The only way to make our government more
responsible and responsive to the needs of the
people is to adhere to a process that keeps
government disciplined, focused, fair and
understandable.
The aforementioned rules are not in any way
political. What's good for the goose is good for
the gander. The rules I have set forth are
favorable to both Republicans and Democrats.
There is no way either Party can gain an unfair
advantage over the other and perhaps that will
be the very reason they will never be enacted.
The gridlock we have witnessed with the budget
had more do to with non-germane
amendments to the actual budget bill
than the bill itself. These time-wasting
political shenanigans have infuriated Americans
of all political stripes.
Let's face it, citizens are fed up. We are faced
everyday with the tough task of just making ends
meet. We are plagued by high unemployment, a
continuing housing crisis, soaring gas prices,
inflation, government debt and war. We are
desperate to have our government officials help
us change our condition for the better and not
to make matters worse.
Now is the time for all good persons to come to
the aid of their country. We need to get back to
basics and permit government to function as
those who created it, our Founding Fathers,
intended it.
Bradley A. Blakeman served as deputy assistant to President George W. Bush from 2001-04. He is currently a professor of Politics and Public Policy at Georgetown University and a frequent contributor to Fox News Opinion.