How Our Laws Are Made

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How Our Laws Are Made

The process of creating and changing laws in the United States begins with a new policy idea. This idea can come from a member of Congress or it may be suggested by constituents, a citizen group, or state officials. Once a senator or representative has an idea for a new policy, it must be drafted into a bill before being considered by the legislature.

When a bill is passed by both houses of Congress, it becomes a statute. A statute is a written law created by a legislature, usually consisting of an enactment or repeal of existing legislation and other statutory amendments. The statute also includes the date of enactment and a short description of its purpose and scope. The legislative history of a statute can be found in its committee report.

The absurdity canon has been criticized as a blank check for judicial intervention in administrative law. But the canon has a constitutional basis and is not without limitations. This Feature examines the history of the canon and its development through Abbott Labs, and shows that it does not centralize power in the Supreme Court as critics charge. It is a legitimate part of the remedial scheme.