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Understanding how the legislative process really works.

November 12, 2008

Lobbyists Write the Law

Many people have a dim view of politicians. Many probably would have an even dimmer view of politicians if they realized that laws are not written by lawmakers, but by lobbyists.

The reality is however that is not necessarily a bad thing. Politicians generally:

While in most legislatures, members have access to professional bill drafters that will turn an idea into law, most politicians do not fully understand the scope of the law or even how to go about asking their bill drafter what needs to be done. Bill drafters are also generalists, and while they understand how to amend the law, they do not understand all fields or have the ability to fully understand the impact of their changes to law

Therefore, there is a need somebody in the field who fully understands both the law and the policies that surround the issue at hand. That's where the lobbyist comes in. A lobbyist typically has a specialty in the area he or she is lobbying on, or at has gotten specific information on the needs of an interest group and how an interest group would like to see a law written.

Politicians don't have to automatically accept a proposed law change provided by a lobbyist. Indeed, if a proposal is ideologically different then the member that the legislative idea was given to, then the idea probably will be ignored by the legislator. But if the legislator likes the idea, then he or she is likely to put it in as bill form.

What does this all mean for you and I—who are not lobbyists?

All three of these things are important, although the final one is most important. Ultimately, legislators will decide either to advance a bill proposal or dump it. Many ideas advanced by lobbyists never get taken serious by legislators, and drafts on such topics are never introduced. Sometimes, one member will agree to push forward a bill, only to see it die when the body as a whole gets together and decides they do not approve an idea.

Not all legislation is written by lobbyists. Yet, many of the most technical laws on the books today are written by lobbyists, as they could not be drafted any other way. It takes a professional to be able to regulate a specific body of law, one who knows the issue from everyday experience.

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