September 30, 2023
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Tag: bill drafters

Federal Constitutional Limitations on the California Legislature

February 13, 2023   1:16 pmFebruary 13, 2023   1:22 pm
When drafting and considering bills in the California Legislature, bill drafters and legislators in this state need to be aware of some of the limitations on state legislatures imposed by the federal Constitution. The United States Constitution is generally viewed...
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What Are ‘Notwithstanding Clauses’ in California Legislation?

December 3, 2021   4:29 pmDecember 8, 2021   3:43 pm
A common occurrence in California legislation is a bill that contains in the text of the measure the phrase, “notwithstanding any other provision of law…” or something similar. What does this phrase mean? And why would this phrase be used...
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The Connection Between Judges and Bill Drafters

November 10, 2020   6:29 amNovember 11, 2020   6:13 am
What is the connection between how judges interpret statutes and how statutes are drafted by legislative counsel? In broad terms, it is “literalism” versus “purposive” approaches to interpreting statutes. Literalism is generally defined as the interpretation of words in their...
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