In executing a law, any provision for the protection of an individual right will be construed as narrowly as possible, to give the most limited effect, and any provision for government power will be construed as broadly as possible, to give effect even to implausible readings. This is one reason why drafting a new law can be challenging and so many people with good intentions fail at it. There’s also a tendency to overlook the interplay with existing laws and practices, including ones that are unconstitutional. If you draft legislation as though the government is currently following the rules in related contexts, you are paving the way for government abuse in the new context. Activists who help draft laws understand the mechanics of their field of expertise, but they rarely understand the mechanics of government. Over the years, I’ve seen so many of them proclaim victory in the signing of a new law they helped pass only to have them return a few years later to curse it.
47,53K