Many people remember from middle school the movie on how a bill becomes a law, but few civics courses teach about what happens afterward. On Monday, John, Josh, and I sat down with members of the Office of the Law Revision Counsel. Their job, in short, is to consolidate and codify laws passed by Congress based upon their subject matter — without making any substantive changes to the law — and to prepare the revised code for enactment into “positive law.”
U.S. statutory law is organized into 50 books, known as titles. Each title should contain only those laws that have to do with a discrete subject area. In addition, it should only contain general and permanent laws — excluding provisions that apply only for a limited time (e.g., an annual appropriations law) or to a small number of people (e.g., a private law). For example, Title 7 should only contain permanent laws having to do with agriculture. Title 28 should only concern the judiciary and judicial procedure.
However, the last time that all law was organized in this way (or “codified”) was in 1926. Since then, entirely new areas of law have emerged that weren’t part of the original structure. Those laws have been placed into the code wherever was convenient, without Congress necessarily considering where would make the most sense.
Over time, this has created a mess. Laws that are related to one another often are placed in completely different places. Occasionally, Congress enacts laws that contain technical errors. And, the passage of time and future legislation render certain provisions obsolete.
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