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Legislative Drafting Error
Drafting errors sometimes occur in legislation. Usually these errors are minor, such as incorrect punctuation or capitalization, and the meaning is unaffected. But sometimes the matter is more substantive. Commonly, the error will have something to do with cross-referencing of statutes. For instance, the U.S. statutes pertaining to probation had a drafting error which caused the section about revocation of probation for failing to submit to a drug test to incorrectly reference a section about domestic violence. By clerical error, the law also omitted an accurate reference to community confinement. However, in both cases, courts upheld Congressional intent. Sometimes courts refuse to apply legislative intent that conflicts with the text of the law, as in the case of the Virginia General Assembly accidentally repealing the exemptions of almost all industries from the statute requiring employers to allow employees not to work on Sabbath. It was necessary for the legislature to re-a ...
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Legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law it may be known as a bill (proposed law), bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare, or to restrict. It may be contrasted with a non-legislative act by an Executive (government), executive or administrative body under the authority of a legislative act. Overview Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage (legislature), passage. Most large legislatures enact ...
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Legislative Intent
In law, the legislative intent of the legislature in enacting legislation may sometimes be considered by the judiciary to interpret the law (see judicial interpretation). The judiciary may attempt to assess legislative intent where legislation is ambiguous or does not appear to directly, adequately address a particular issue, or appears to have been a legislative drafting error. The courts have repeatedly held that when a statute is clear and unambiguous, the inquiry into legislative intent ends at that point. It is only when a statute could be interpreted in more than one fashion that legislative intent must be inferred from sources other than the actual text of the statute. Sources Courts frequently look at the following sources in attempting to determine the goals and purposes that the legislative body had in mind when it passed the law: * the text of the bill as proposed to the legislative body * amendments to the bill that were proposed and accepted or rejected * the rec ...
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Virginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, the oldest continuous law-making body in the Western Hemisphere, the first elected legislative assembly in the New World, and was established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members, and an upper house, the Senate of Virginia, with 40 members. Combined, the General Assembly consists of 140 elected representatives from an equal number of constituent districts across the commonwealth. The House of Delegates is presided over by the Speaker of the House, while the Senate is presided over by the Lieutenant Governor of Virginia. The House and Senate each elect a clerk and sergeant-at-arms. The Senate of Virginia's clerk is known as the "Clerk of the Senate" (instead of as the "Secretary of the Senate", the title used by the U.S. Senate). Following the 2019 election, the Democratic Party held a ma ...
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Christian Sabbath
Sabbath in Christianity is the inclusion in Christianity of a Sabbath, a day set aside for rest and worship, a practice that was mandated for the Israelites in the Ten Commandments in line with God's blessing of the seventh day (Saturday) making it holy, "because on it God rested from all his work that he had done in creation". The practice was associated with the assembly of the people to worship in synagogues on the day known as Shabbat. Early Christians, at first mainly Jewish, observed the seventh-day Sabbath with prayer and rest, but gathered on the seventh day, Saturday, reckoned in Jewish tradition as beginning, like the other days, at sunset on what would now be considered the Friday evening. At the beginning of the second century Ignatius of Antioch approved non-observance of the Sabbath. The now majority practice of Christians is to observe Sunday, called the Lord's Day, rather than the Jewish seventh-day Sabbath as a day of rest and worship. Possibly because of a movemen ...
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Ballot Initiative
In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a public vote in the legislature in what is called indirect initiative, or under direct initiative, where the proposition is put to a plebiscite or referendum, in what is called a ''Popular initiated Referendum'' or citizen-initiated referendum. In an indirect initiative, a measure is first referred to the legislature, and then put to a popular vote only if not enacted by the legislature. If the proposed law is rejected by the legislature, the government may be forced to put the proposition to a referendum. The initiative may then take the form of a direct initiative or an indirect initiative. In a direct initiative, a measure is put directly to a referendum. The vote may be on a proposed federal level, statute, constitutional amendment, chart ...
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Governor Of California
The governor of California is the head of government of the U.S. state of California. The governor is the commander-in-chief of the California National Guard and the California State Guard. Established in the Constitution of California, the governor's responsibilities also include making the annual State of the State address to the California State Legislature, submitting the budget, and ensuring that state laws are enforced. The position was created in 1849, the year before California became a state. The current governor of California is Democrat Gavin Newsom, who was inaugurated on January 7, 2019. Gubernatorial elections, oath, and term of office Qualifications A candidate for governor must be a U.S. citizen and a registered voter within the state, must not have been convicted of a felony involving bribery, embezzlement, or extortion, and must not have served two terms since November 6, 1990. Election and oath of Governor Governors are elected by popular ballot and se ...
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Pete Wilson
Peter Barton Wilson (born August 23, 1933) is an American attorney and politician who served as the 36th governor of California from 1991 to 1999. A member of the Republican Party, he also served as a United States senator from California between 1983 and 1991, and as the 29th mayor of San Diego from 1971 to 1983. Born in Lake Forest, Illinois, Wilson graduated from the UC Berkeley School of Law after serving in the United States Marine Corps. He established a legal practice in San Diego and campaigned for Republicans such as Richard Nixon and Barry Goldwater. Wilson won election to the California State Assembly in 1966 and became the Mayor of San Diego in 1971. He held that office until 1983, when he became a member of the United States Senate. In the Senate, Wilson supported the Strategic Defense Initiative and the Civil Liberties Act of 1988, while he opposed the Omnibus Budget Reconciliation Act of 1990. He resigned from the Senate after winning the 1990 California g ...
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Statutory Law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities. Codified law The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States Code, the Ohio Revised Code or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the United States Statutes at Large. Another meaning of "codified law" is a statute that takes the common law ...
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