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Legislative drafting ought to be the pinnacle of legal endeavor, but sadly this is not the case. Indeed, a glance at the House's legislative drafting guidelines show that assessment of constitutionality is barely discussed, and then only insofar as it pertains to the mechanics of passage.

http://legcounsel.house.gov/HOLC/Drafting_Legislation/Drafti...

While the constitutionality of a proposed bill is properly a matter for debate on the floor of the legislative chamber, in practice a great deal of debate seems to consist of procedural maneuvers at the expense of substantive discussion - and as you say, the substantive changes wrought by a bill are often couched in the form of obscure and minor-seeming tweaks to existing legislation that can result in dramatic changes of scope or authority despite their superficial blandness.



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