INTRODUCTION TO FEDERAL LEGISLATIVE HISTORIES

Compiled by Donald L. Ford, Foreign, International & Comparative Law Librarian, University of Iowa Law Library. August 7, 2007

What Are Federal Legislative Histories?

Federal legislative histories are collections of documents prepared in the process of passing laws in the United States House of Representatives and the United States Senate.

Terms can be confusing. Go to the useful C-SPAN glossary for definitions of terms.

Start with secondary resources (treatises, law review articles, bar journals, and legal newspaper reports) to educate yourself on the issues. For a quick, basic overview of federal lawmaking, see Ben's Guide, hosted by the United States Government Printing Office (GPO).

More detailed descriptions of federal lawmaking are on Thomas, the Library of Congress legislative information page, providing in-depth descriptions of both House and Senate lawmaking procedures.

March 4, 1789: This pathfinder applies to our current federal congressional system that began operating on March 4, 1789. Not covered in this guide is any legislating on the part of the Continental Congresses or the Congress of the Confederation (under the Articles of Confederation). Separate guides to the Constitutional Convention should be consulted for the drafting of the U.S. Constitution. In addition, this guide doesn't apply to the Confederate States of America.

Here is a list of the United States Congresses and their sessions.

How Are Federal Legislative Histories Used?

Legislative histories are used primarily to determine legislative intent behind the plain language of a statute. Arguments regarding legislative intent occur in litigation and in the drafting of subsequent laws.

Plain Meaning

The "plain meaning" of the statute is usually given the most emphasis when courts weigh Congressional intent.
When arguing that a statute does or doesn't have a "plain meaning," the legislative history documents are invoked to determine what Congress "really" meant.

Hierarchy for Showing Legislative Intent

If available, the joint explanatory statement in a bill's conference committee report.
Explanations and summaries of the bill in committee reports.
Congressional Record remarks and debates.
Testimony from Congressional hearings.
The texts of earlier related bills, reports, and debates to show legislative intent by the example of inclusion or exclusion of language.

More About Federal Legislative Histories