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Originally Posted by Shoonra
I am not at all certain why this topic was raised. Yes, a statute needs an enacting clause (and a resolution needs a resolving clause) but ...
... courts have held that ...it is... NOT necessary that the enacting clause appear in the printed editions. Wow, what a cover-up lie that is.
In particular, a code - as distinguished from a compilation of the statutes - doesn't include the enacting clause anywhere because it re-arranges the individual sections of the various statutes.
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Let me suggest that you read the book 'Authority of Law' by Charles Weisman. It will clear up a lot of confusion for you.
Here is an excerpt from that book:
The Statutes at Large and Sessions are themselves a complilation of laws. But a "revision" or "codification" is very different from a mere compilation. They are different because they are written or drafted by a commission or committee or some non-legislative source. Further, the laws are not just compiled together, they are altered and modified along with additions or deletions made to the contents. They are then passed off as the laws of the Legislature.
In a case in Kentucky we have a na example of this change in the publication of laws. In 1894 the "first compilation" of the law was conducted by "private editors". This was just a reorganization of the exsiting laws. This type of compilation continued up until 1935. In 1936 the legislature "directed and empowered the Governor to appoint a committee, selected from a list submitted by the Board of Commissioners of the Kentucky Bar." This committee of lawyers then "revised, codified, annotated and published" their work, calling it "the Statute law of Kentucky." But this work was not much more than a compilation since that act authorizing it provided that the Committee "should not alter the language or sense of any act of the General Assembly". In 1943 this provision was removed and the Legislature called for a "definite plan for revision of the statutes."
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Thus we have a committee of lawyers recreating the laws of the state. Such committees have becme the new source of law in the nation. While the legislature will "enact the revision into law, " this is no different than when the legilature approves the by-laws of a corporation. The laws of the corporation do not become laws of the legislature because of this. Rather, they are laws of the artifical legal entity (or corporation) which the legislature created, just as the "Revised Statutes of Kentucky" are laws of the artificial legal entity or commissions that the legislature created.
