[net.politics] Federal Plain Language

shad@teldata.UUCP (Warren N. Shadwick) (02/24/84)

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In response to the articles on the net regarding an new "clear language"
amendment  to the U.S. Constitution, I would like to offer the following
comments:

1.  Due process (which is  already  safeguarded  by  the  Constitution)
generally   has   two   subcategories:   Procedural   due  process  and
Substantive due process.  One of the major tenents under the Common Law
is  a  test under substantive due process that any law to be valid must
be under-standable by one of average intelligence.  If one  is  wronged
by  the  law  for not understanding it then intent is very difficult to
prove and any right thinking jury hearing  the  case  should  vote  not
guilty.  Several statutes in the history of the United states have been
overturned by the  courts  for  failure  of  substantive  due  process,
generally under the term of vagueness.

2.  Laws need not  be  overly  long  or  needlessly  couched  in  legal
language   to  avoid  vagueness.   A  prime  example  of  this  is  the
Constitution itself which has stood the test of  over  200  years  with
little  alteration.  The  choice of wording in the Constitution is very
careful and complete.  During the convention many phrases were  debated
for  long  hours for the specific purpose of clear, concise, unobscured
language.  The purpose of overly  wordy  and  couched  language  in  my
opinion  is  to  deliberately confuse, intimidate, and obscure the real
purpose of the author.


						Warren N. Shadwick
						Teltone Corporation