Preface
In the fall of 2001, Hélène Potter, director of development at Macmillan Reference, asked me to serve as editor in chief of an encyclopedia of major acts of Congress. I found the offer enormously exciting, because the world of reference books had seemingly neglected this area that is so central to American law, government, and history. Moreover, I helped to write, interpret, and enforce laws while at the U.S. Department of Justice Civil Rights Division, and I had taught and written about civil rights legislation. These experiences led me to appreciate how useful a clear and authoritative description of major American legislation could be. My duties as associate dean at the University of Pacific, McGeorge School of Law, initially precluded my undertaking this project. However, the publishing schedule for the encyclopedia changed, and in March of 2002 I enthusiastically signed up.
By the spring of 2002 an outstanding board of editors had agreed to join the project, and we were well underway. Each of the associate editors brings a rich understanding of legislation to the project, but each also contributes a different perspective. Professor Al Brophy of the University of Alabama School of Law is an accomplished and well-recognized legal historian. Professor Thomas Sargentich of American University's Washington College of Law has written extensively about the legal issues of the separation of powers; he serves as codirector of his law school's program on law and government. Professor Nancy Staudt of the Washington University School of Law (St. Louis) teaches and writes on tax law and social programs and has become known for her critical analyses of both tax and social policy.
Courses in American government typically teach students about the roles of the three branches established by the Constitution. Students learn that the Congress makes laws, the executive branch executes laws, and the courts apply laws. Often, however, that lesson may seem abstract. Students may fail to see the connection between these principles and their lives, the lives of their families and friends, or the history of the nation. Major Acts of Congress helps make concrete the law-making function of Congress and also casts light on the role of the other two branches in enforcing and applying law. It brings together for the first time, in one work, a selection from the product of the one hundred and seven Congresses which preceded this encyclopedia, as well as the current Congress.
In its first year, 1789, Congress enacted twenty-seven laws. The acts from its first ten years occupy 755 pages, in one volume of the U.S Statutes At Large. By 2002, in the second and last year of the 107th Congress, we find 260 acts, occupying 3115 pages of volume 116 of the U.S. Statutes. The laws of the First Congress were mainly devoted to setting up the national government, which must have seemed quite distant to most Americans. By contrast, the 107th Congress enacted laws covering such subjects as agriculture (the names of fourteen laws begin with that word), education, the environment, foreign relations, intelligence, immigration, defense, crime, voter registration, radiation, securities, employment, social security, and so on. Today few aspects of our lives are untouched by federal law.
The acts described in this work demonstrate the range of congressional legislation, from the very first Congress's adoption of the Judiciary Act to the 108th Congress's enactment of legislation regulating so-called partial birth abortions. Described in more detail than one finds in most history books are landmarks of American history, such as the Fugitive Slave Act, the various civil rights acts, legislation from the New Deal and the Great Society, as well as acts that respond to such contemporary issues as terrorism and the rise of electronic technology.
Major Acts of Congress contains entries on 262 acts selected by the editorial board based on such criteria as historical significance, contemporary impact, and contribution to the understanding of American government. Hundreds of other laws are discussed in the entries and can be found through use of the comprehensive index. The entries vary in length from 2500 words down to 300 words. Entries describe the law, but they do much more than that. They typically explain the circumstances that led Congress to consider the law and the issues Congress discussed during its consideration of the law. They also provide information about the subsequent history of the law, including amendments or repeal, enforcement, and court cases.
As the list of contributors reflects, the 159 authors include legal scholars, historians, political scientists, economists, and lawyers from public and private practice. Some played a significant role in the adoption or enforcement of the act they wrote about. Others have literally written the book on the act or area of law.
The essays have been written to make accessible to students and lay persons the frequently complex, technical, arcane concepts and language of legislation. We have included brief excerpts from acts in those entries where a direct quotation would give a flavor of the law. Accessibility is enhanced by the use of sidebars to explain terms and historical allusions, as well as illustrations that help demonstrate the political and human dimension of these laws. Same-page definitions of terms and a glossary in the back matter further enhance access. Entries typically end with a short bibliography of books, articles, and Web sites, for those who wish to delve more deeply. To place the entries in perspective, Major Acts begins with an introduction that explains the role of the Congress and other branches. It also contains an in-depth time line in the back matter, showing who was president, the composition of each Congress, and what major events were taking place during the time when each law was enacted.
Major Acts has been a true team effort. The editorial board has worked closely with the publisher. Hélène Potter has skillfully guided the project. Jeff Galas, assistant editor at Macmillan Reference, has been invaluable in helping recruit authors and organize the work. And Kristin Hart has ably supervised the copyediting and the selection of illustrations.
Brian K. Landsberg
September, 2003
Sacramento, California
