Suppose a lawmaker presents a law project, with a highly technical vocabulary, and effectively most of the lawmakers don't really understand what they are voting, even though they think so or pretend to. Has the application of a law ever being appealed anywhere, due to the lawmakers not knowing what they were voting/ruling?
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4It seems unlikely that no one has tried this, but in the United States, this approach would almost certainly fail.– bdb484Commented Aug 14 at 22:26
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1@bdb484 we have a lawmaker who didnt even finish primary school and can't almost read. An extreme case like that would be more likely to work i suppose?– PabloCommented Aug 14 at 22:32
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5@Pablo I wouldn't think so. If you vote dummies into office, you've sort of consented to laws being written by dummies.– bdb484Commented Aug 14 at 23:27
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4"highly technical vocabulary, and effectively most of the lawmakers don't really understand" -- so, a majority of laws? (I'm only half joking)– ilkkachuCommented Aug 15 at 7:03
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1Also, prior to Exxon deference being repealed this year, laws often delegated understanding of these details to regulatory departments, rather than going into detail in the laws themselves.– BarmarCommented Aug 15 at 14:25
5 Answers
No.
This does not happen. Essentially every legal system formal enough to have legislative bodies and legislatures does not consider what lawmakers actually knew when they passed the law.
On rare occasions, laws are invalided because they have "no rational basis" or are internally contradictory, or insist on something absurd or impossible. But this doesn't mean that the court looks into what the actual legislators actually knew.
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1@Pablo A law review article from 2015 explores some of the cases where laws have been invalidated based upon rational basis review. nyulawreview.org/wp-content/uploads/2018/08/… Commented Aug 14 at 22:36
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1Occasionally, a court may find a law unconstitutional. For example, here - constitution.congress.gov/resources/unconstitutional-laws - is a list of US local, state, and federal laws found unconstitutional.– Aleks GCommented Aug 15 at 8:08
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8@AleksG A law being unconstitutional is unrelated to a law being invalidated because the legislators didn't understand it.– JBentleyCommented Aug 15 at 8:36
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6Perhaps a slightly different scenario to what you're addressing, but at least in the context of English law: if there are questions about the proper construction/interpretation of a legal provision, courts may take account of what was said when it was debated in Parliament. See e.g. the decision of the House of Lords in Pepper v. Hart, 1992.– avidCommented Aug 15 at 9:27
No
As a practical matter, most legislators aren’t across the details of most laws they vote for. Most laws are drafted by professional lawyers, not legislators. They are considered by committees consisting of a tiny subset of the legislators. Most legislators don’t attend the reading speeches in the House because they’re generally boring. And, when they vote, they vote along party lines.
Now, some of these things - committee reports, reading speeches, etc. - are admissible in interpreting the law. Especially when the law is ambiguous on its face. However, none are relevant for ruling a law invalid.
In addition, the actions of the legislature in passing a law are non-justiciable. That is, if the legislature says the law was properly passed then the court will not and can not inquire beyond that.
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here we have a crime called "failure to fulfill the duties of a public official". I suppose something like this exist in other countries, otherwise I don't image how you charge public officers when they clearly aren't doing what they are supposed to do. I wonder how legislators who vote for something they don't know aren't committing this crime.– PabloCommented Aug 15 at 11:40
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6@Pablo How would you suggest fixing the system. Require all legislators to be conversant in contract law, environmental science, international relations, immigration policy, prescription drug safety, etc.? Where are you going to find a few hundred people with these skill sets who are willing to leave the private sector? What if the law was passed by a slim majority and only a few legislators were ignorant of the impact. Would that be enough to invalidate the law?– doneal24Commented Aug 15 at 16:28
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Might not fix it completely, but what if … legislative rules (1) limit the size of a bill; (2) limit the size of a purpose statement of the bill; and (3) prohibit sneaking in paragraphs unrelated to the stated purpose.– WGroleauCommented Aug 15 at 21:14
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france (and therefore, links in French)
Mostly, no
As a baseline, the legislator is supposed to know what they are doing. (As a practical matter, letting courts second-guess the legislator’s competence is a recipe for a constitutional crisis.)
When a law is ambiguous or difficult to apply to the case at hand, the court may consider legislative intent, as shown by the content of parliamentary debates. See for instance paragraphs 7-10 of Cour de cassation, civile, Chambre civile 3, 28 septembre 2023, 22-21.012 (a rather technical case about eminent domain, the gist of it being that an ambiguous article was understood in the light of the parliamentary debates).
A law can also be deemed unconstitutional if it is not "clear" and "intelligible". See this law review article for details about what it means (it is rather old but I believe there were no major changes since 2007). Note however that this standard (1) does not consider the legislative process and (2) is a rather low bar (more like "would the average expert in this field of law understand the new law" rather than "would the average citizen understand the law"). The main application of that rule is that amendments on a given law must be closely related to its main object; riders (cavaliers législatifs) are frequently invalidated for that reason.
Finally, note that as a practical matter, the average backbench MP does not understand the average law. That is at heart a matter of expense budget: they have enough to hire 2 to 3 junior assistants. At least one person is needed full-time in the electoral district (to handle visit calendar, calls, etc.), you probably want one with some amount of legal training to deal with the legislative process, and an ambitious MP will want someone to help with communication (social media, pressers etc.). The budget is gone before you are even thinking of hiring an expert in FooBar law; whereas the government proposal has been drafted by the Subdepartement of Foobarification, which has ten subject-matter experts at hand.
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Not really within the scope of Law.SE but how is constituent service (i.e. legislators who are asked to help with intractable difficulties with the government bureaucracy for constituents) handled? Almost every U.S. legislator has staff people assigned to that task. Commented Aug 16 at 12:12
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2@ohwilleke that is a large part of what the "full-time in the electoral district" person does. One per MP might seem low, but there are more MPs in France than in the US (925 vs. 525) for about 1/5 of the population. The total number of staff is comparable: dividing the country’s population by the number of parliament personal staff, I find 12k/281m = 4.3 staff per 100,000 people in the US in 2000, and I estimate 3k/68m=4.4 staff per 100,000 in France in 2023.– UJMCommented Aug 16 at 13:34
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(Sources: 12k Congress personal staff for 2000 from the previous Wikipedia link, 1894 personal staff in the French lower house in 2023, I assume similar staffing levels per MP in the upper chamber - it has a slightly lower expense budget per MP; it publishes the full list of staff, but not statistics, I will not count by hand.) Many MPs each with a small budget is a feature, not a bug, in the executive-centered Fifth Republic philosophy.– UJMCommented Aug 16 at 13:39
This is why agencies write regulations
Lawmakers don't need to be highly technical, because they can delegate authority.
E.g. Lawmakers would never contemplate whether the permissible vertical deviation in a 62’ chord of Class II (25 MPH) railroad track should be 1-3/8” (Republican platform) or 1-1/2” (Democrats).
They don't. They write a law like 49 USC 103 that tells USDOT to form a Federal Railroad Administration, gives them a set of priorities, and some money, and tells them to "promulgate regulations".
Then the FRA gets a bunch of experts together and has public process on rulemaking, and they hammer it out the much more massive 49 CFR 200-399, which includes 213.55 for the above question.
You can read them both and see where the law is a lot more accessible.
But much more importantly, if the situation changes, the FRA can change the regulations itself with their normal public comment process. For instance, after a heritage steam locomotive exploded, FRA quickly rewrote the regs to require much more demanding inspections. When the horrid Chatsworth crash happened due to cell phone distraction, FRA promptly banned cell phone use. This would have been a slow crawl through Congress.
So your question of "would Congress pass laws the they don't understand" no, they would refuse to, and would pass a law they DO understand to tell a department or administration to promulgate regulations to have the effect they want.
Or, they adopt "model laws".
For instance, almost every state and many American countries have a law which says "National Electrical Code 20xx edition is the law of our land, with these amendments". The NEC is published by a nonprofit called the National Fire Protection Association, and offered up for that purpose.
That is to say, the code is "incorporated by reference".
Likewise when endowment investment law was sorely in need of an overhaul, a group created UPMIFA, which was adopted by 49 states.
Suppose a lawmaker presents a law project, with a highly technical vocabulary, and effectively most of the lawmakers don't really understand what they are voting, even though they think so or pretend to. Has the application of a law ever being appealed anywhere, due to the lawmakers not knowing what they were voting/ruling?
For historical foundations: a similar issue - that of sinful (or otherwise unqualified) priests administering the sacrament or performing other religious rites - was seriously explored in the IV-th century in the debate between the Donatists and Saint Augustine. At the time it had obvious legal implications - e.g., was a marriage concluded by a priest still valid, if the priest was later determined to be unworthy of his office? Augustine provided theological doctrine that validated the rites committed in the name of the church, even if administered by unholy clergy.
It is safe to assume that western law (that is mostly traditionally Christian) follows the same logic, even if the holy ghost has been left out of the equation. So I suggest looking for examples in non-Christian legal traditions (or at least those that do not stem from the IV-th century Catholicism.)
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1While this is interesting, it seems disanalogous. The question is not whether the members of the legislature are qualified to hold their office. For it to be analogous, wouldn't the priest have to be unaware of the nature or effect of the ceremony he is performing?– David42Commented Aug 16 at 14:17
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@David42 IMHO analogous is a broader word. But even within the constraints that you impose - both lawmakers and priests hold their office because they are qualified for it... but in both cases we question whether they are competent enough to perform their duty (priest because of the unholy behavior, lawmaker because of their ignorance or sloppiness.)– Roger V.Commented Aug 16 at 14:29
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@David42 note also that the emphasis of my answer is not on treating the Augustine as a precedent, but on him influencing the Christian societies for the centuries/millenia to follow.– Roger V.Commented Aug 16 at 14:32
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As an asside, I would be interested in learning more about the debate you reference. Accross times and cultures a marriage is made when the parties declare their intent to be husband and wife by word, deed, or writing in front of witnesses. Laws and cultures differ only concerning the acceptable modes of declaration and the number and qualifications of the witnesses. Under what legal theory was the validition of a marriage contract concluded in the presence of a sinful priest and two other witnesses attacked? Do you have a reference to Augustine's discussion of the issue?– David42Commented Aug 16 at 15:10
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1@David42 IMHO, across history marriage was seen as a religious ritual - at least in monotheistic traditions. Its secularization is again a purely western quirk - it is obviously not the case in most Muslim countries (which do not clearly separate the religion and the state), whereas in Israel it is regarded as a matter of personal religious beliefs (the state does not officiate marriages, even though it provides certain benefits to established couples.)– Roger V.Commented Aug 16 at 15:32