Legislative History Tutorial

TutorialLegislative History

LSV I 2023

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Legislative History

• Follows a law from start to finish -- helps a researcher determine legislative intent

• May answer or provide evidence for a question as to how a statute should be applied or enforced

• May help clarify amibiguity

* Be aware that this can be a contentious issue . . .

“Legislative history is of course not the law, but that does not mean it cannot aid us in our understanding of a law.” – Associate Justice Sonia Sotomayor (2018)

“The greatest defect of legislative history is its illegitimacy. We are governed by laws, not by the intentions of legislators.” – Late Associate Justice Antonin Scalia (1993)

Why should we care?

Committee Reports

Floor Proceedings (debates, votes)

House & Senate Documents

Bills

Committee Hearings

Committee Markups

Committee Prints

What documents are considered part of legislative history?

*Click a button to learn more about each document!

This consists of anything else published or produced by Congress during the legislative process. This may appear in the House or Senate Journals, on committee websites, or in separate publications.

• Floor debates and proceedings are published daily in the Congressional Record.

• Issues of the CR will include debates, remarks, motions, and votes from each day. It will often not be in great detail.

Committees publish reports on bills that provide information about their consideration and recommendation.

Publications released by various committees on issues related to their charge.Some examples:

• Draft reports & bills
• Directories
• Statistical materials
• Investigative reports
• Historical reports
• Confidential staff reports
• Hearings
• Legislative analyses

Markups are made in committee generally following hearings, which summarize the changes and amendments made by the Committee on the Bill.

Committees will often hold hearings to learn more about the proposed legislation.

• Includes testimony from experts and other stakeholders, presentation of evidence, and debates.
• Committees will also vote on whether to introduce a bill to the Chamber.

Bills are the earliest form of proposed legislation. Bills are usually introduced in either the House or Senate to begin the legislative process.

The federal Legislative Process

*Hover for examples!

Legislative Document Produced: Bill (H.B.)

Legislative Document Produced: Committee Hearing, Committee Markup

Legislative Document Produced: Voter Roll Call tallies, published online and in Congressional Record

Legislative Document Produced: Committee Report (H.Rpts.). Most important for legislative history!

Legislative Document Produced: Bill (S.B.)

Legislative Document Produced: Committee Hearing, Committee Markup

Legislative Document Produced: Committee Report (S.Rpts.). Most important for legislative history!

Legislative Document Produced: Voter Roll Call tallies, published online and in Congressional Record

Legislative Document Produced: Temporary Joint Conference Committee, submits Conference Report

Legislative Document Produced: Slip Law then Session Law, published in Statutes at Large

Legislative Document Produced: Temporary Joint Conference Committee, submits Conference Report

*Click the numbers below for each step!

Federal Hypo

You are a summer intern at a local Miami-based legal aid organization. The organization has taken on a new case and would like you to assist the lead attorney with the research. The new client is a father with a 14 year old daughter. Upon the birth of his child in 2008, he purchased a personalized plastic baby rattle as her first toy. This rattle was manufactured by the Bamboozled Toy Company (BTC). The toy quickly became the baby girl's favorite possession and she played with it and held it constantly throughout her early childhood. Several years ago, the client's daughter began having severe difficulty breathing. After an examination by her pediatrician, she was diagnosed with acute asthma. There is no history of asthma in either of her parent's families. Testing revealed elevated phthalate levels. The client performed extensive research and eventually discovered that his daughter's favorite toy contained a class of chemicals called phthalates. While investigating these chemicals, he also discovered that use of phthalates in toys is illegal under the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. § 2057c). The company admits to adding the chemicals to some of its toy products, however, the GC for BTC argues that the rattle purchased by the client was part of BTC's old inventory that it sells in its outlet stores at a discounted price. As such, BTC believes that the act does not apply to pre-act manufactured inventory.

Step 1Find the statute and then locate the P.L., Bill No. or Stat. citation

Step 2Check for a Compiled Legislative History

Step 3Use legislative history resources to compile the documents

1

Your supervisor would like you to research the phthalate provisions and intent of this act.

2

3

Try it out!

Federal Hypo

While investigating these chemicals,the client discovered that use of phthalates in toys is illegal under the Consumer Product Safety Improvement Act of 2008 (15 U.S.C. § 2057c). The company admits to adding the chemicals to some of its toy products, however, the GC for BTC argues that the rattle purchased by the client was part of BTC's old inventory that it sells in its outlet stores at a discounted price. As such, BTC believes that the act does not apply to pre-act manufactured inventory.

Step 1P.L. 110-314 (phthalates)P.L. 92-573 (original)

Step 2Check for a Compiled Legislative History

Step 3Use legislative history resources to compile the documents

1

Your supervisor would like you to research the phthalate provisions and intent of this act.

• 15 U.S.C. 2057c (phthalates)
• 15 U.S.C § 2058(g)(i) (inventory)

2

• No 2008 Improvement Compilation
• Orginal act is available

Search

• Congress.gov >> PL No. >> Find committee
• Govinfo >> Committees >> Energy & Commerce
• 110th Congress, House Hearings
• ProQuest Congressional, search "Consumer Product Safety" AND inventory
• Westlaw or Lexis - e.g. H.R. REP. 110-501

3

Try it out!

State Hypo

Assume the facts are the same and you are now tasked with finding more information on whether the client has standing to sue based on Florida's Deceptive Trade Practices statute (Fla. Stat. § 501.203).

Step 1Look at statute's credits and locate the ch. no. and year

Step 2Go to Laws of Florida and find the bill number

Step 3Use the FL Senate or FL Senatre archives to find staff analyses

1

Your supervisor would like you to research the intent behind Sec. 501.203's definitions.

• Fla. Stat. 501.203
• ch. 2017-155

2

• HB 1379

Search

• Go to flsenate.gov/session/bills
• Search 501.203, Session 2017

3

LSV I TutorialLegislative History

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