Reviews 639

The discussions of race and nationality which appear in this book will seem biased to today’s reader. Con- cerning the mulatto component of the black population (the term “mulatto,” while outdated and admittedly objectionable, is used here to illustrate a point from the text), one is struck by the naivete of the statement that “the contribution of the white race to negro increase should be regarded as a substitute for increase which otherwise would have been furnished by the negro race itself” (p. 91). Statistics presented in the ta- ble, “Ratio of Slaves to Every 100 White Persons in 1790 and 1850, and of Negroes to Every 100 White Persons in 1900” refute any idea of greater black prolificacy; while in 1790, 22 slaves were enumerated for every 100 whites: by 1900 the ratio had decreased to 13 blacks per 100 whites (p. 139). In another ex- ample, AngIo-Ame~cans are referred to as members of the “British race” (p. 91). Such prejudiced state- ments are fortunately infrequent and do not diminish the book’s overall value.

The statistics included in this book have stood the test of time admirably. Several comparisons with data published in the Census Bureau’s Historical Statistics of the United States: Colonial Times to 1970 show that figures from the 1790 census have been revised less than one percent, if at all. Further, many tables of pre-federal statistics in the “Z-series” of Historical Statistics cite A Century of Population Growth as a source. A Century of Population Growth is an essential source of detailed statistics on Anglo-American co- lonial history, slavery, and the population of the United States from 1790 to 1900, It can be used effec- tively in tandem with Hist~~~cuZ Stu#jst~cs of the United States, and for individuals who are interested in the history of the census, it is a good companion to the Bureau of the Census’ 200 Years of Censors Taking: Population and Housing Questions, 1790-1990, which includes facsimiles of the principal data collection forms used in each decennial census. The book has the potential to enrich a wide range of studies in Amer- ican history and should be included in bibliographies for pertinent courses. It is recommended for all pub- lic, school, and academic libraries.

PATRICK RAGAINS Government Information Librarian

Montana State University Bozeman, MT 59717

USA

Drafting Federal Law, 2nd edition. By Donald Hirsch. Washington, DC. Government Printing Office, 1989. 122 p. S/N 052-070-06636-9. $7.00.

One of the most frequent laments put forth about the American political system is exemplified by the fol- lowing exchange: “We need to get government off the backs of the people.” “Yeah, there ought to be a law.”

Well, as is often the case, the best intentions are met with reality. Even if such a law could be drafted, who would be able to understand it?

This second edition of Donald Hirsch’s primer on statute writing can and will play a significant role in helping users of reference libraries; law libraries; departments of political science; librarians for local, state, and national depositories; and political activists to understand how federal laws are written. In this regard, Hirsch’s book is an invaluable guide and introduction to applied politics. This is a thorough reorg~ization and update of the first edition of this book which was published in 1980.

According to Hirsch, “the best and possibly only way to learn to draft a federal legislative bill is by try- ing to draft one” (p. v). Because of Hirsch’s experiences as a legislative counsel, he has spent years con- ducting seminars on legislation drafting for newcomers to federal agencies. The purported aims of the book are: “to serve as a self help manual to train drafters: to develop their capacity to analyze bills for technical sufficiency; and to strengthen their understanding of the link between legislative ideas and legislative lan- guage” (p. v).

This book is successful on all these counts. Organized as an intensive seminar might be, Hirsch devel- ops the role and aims of legislative counsel well. Divided into tive chapters and 14 appendices, the book begins with general reflections upon drafting federal law. The pitfalls-language, style, consideration of ex- ceptions to rules-are all addressed. in order to best avoid these problems. Hirsch advises readers to adhere to a schedule which includes a general policy review, issue refinement. preparation of legislative specifica- tions, clarification of legislative specifications, and finally. the preparation of drafting an outline (p. 2). These steps represent two separate but equally helpful components of the book. First, as with any self-help

640 Reviews

book, identifying the basic problems and propositions attendant with the task at hand is an often overlooked but vital step in the enterprise. Second, as long as the suggested guidelines are indeed correct, their outline provides a rigid structure through which apprentices can develop both experience and the necessary out- puts. The rest of the book follows from this structure.

Those charged with drafting legislation face three distinct possible situations; they may be asked to amend an existing bill, create a new, “free-standing” bill, or combine free-standing and amendatory legislation. Each of these different tasks is treated separately in two chapters specifically devoted to the tasks of writing a bill. In each, plenty of examples are provided to guide the reader through the steps appropriate to the task. For example, when drafting the Egg Products Inspection Act, the drafter consolidated the task by outlining what he wanted to accomplish. The result was a 14-point sequence which guided the drafting of the legis- lation (p. 23).

The main portions of these chapters deal with the technical aspects of crafting legislation. Much as one would refer to a thesaurus or dictionary, this guide will be immensely useful. It covers virtually every situ- ation one might encounter: how to give a bill a short title (p. 29); how to economize the use of definitions in legislation (p. 30); the need for familiarity with administrative and judicial procedures in reviewing leg- islation (p. 36); and what the effective dates of legislation are (p. 38). A final chapter provides some stylis- tic and other grammatical recommendations on gender usage, clarity, and common debates on the use of, for example, “that” versus “which,” and “under” versus “pursuant to.”

Nearly half of the book is comprised of indices. These are designed to take a novice through the steps they may experience in drafting legislation. Especially helpful is the second set of exercises which focus on the use of social security numbers (Appendix L, p. 89). As part of this exercise, Hirsch includes a colloquy between a drafter and policymaker which demonstrates the process the drafter should follow in clarifying and refining the intent and specifications of the proposed legislation.

This book will be a wonderfully helpful addition to most any government-related collection. In fact, Hirsch seems to sell the book’s utility short. In addition to his target audience of legislation drafters and government document repositories, the book has a natural audience that extends to a larger sphere: law stu- dents; undergraduate and graduate students in political science and public administration, especially those seeking internships; political activists who are tracking specific legislation; and faculty seeking to refine their teaching of the ubiquitous “how a bill becomes a law” section of introductory courses. The book’s one shortcoming is more evident when this wider audience is considered.

Although Hirsch performs admirably in defining the terms related to the task of legislation drafting, he does so in the main of the text as it proceeds. A glossary would be helpful and would provide a common place from which readers could define the themes and terms especially helpful to their search, and as they generally relate to legislation drafting. This notwithstanding, the index included is quite thorough, and pro- vides a more topical reference section for the text.

This is a first-rate addition to the applied politics literature, and should be widely distributed and used.

SCOTT HILL Institute of Governmental Affairs

University of California Davis, CA 95616

USA

BOOKS AND OTHER MATERIALS RECEIVED

The Committee on Ways and Means: A Bicentennial History, 1789-1989. By Donald R. Kennon

and Rebecca M. Rogers. Washington: Government Printing Office, 1989. 526 p. SuDoc: Y 1 l/ 7: 100-244.

Fair Use and Free Inquiry: Copyright Law and the New Media. 2nd edition. By John Shelton

Lawrence and Bernard Timberg. Norwood, NJ: Ablex Publishing Corp., 1989. 408 p. ISBN O-

89391-484-3.

Geo-Cosmic Relations; The Earth and Its Macro-environment: Proceedings of the First Interna- tional Congress on Geo-Cosmic Relations, Organized by the Foundation for Study and Research