I think Rich hit the nail on the head, when it comes to any representative group, whether it is the board of a non profit, the executive group of a corporation, congress/legislatures, they are responsible for handling matters like this, negotiating a deal. In a corporation, such as the takeover offer of another company, the executive team negotiates the deal, it is put before the board (who represent the shareholders) and it goes through (few deals require proxy votes on the deal itself, the only kicker is the firm being bought has its shareholders sell their shares, so the other party gains control). Congress is elected to pass laws as Rich mentioned.
And I agree, this should have gone on in secrecy, funny, I would never think Trains magazines as being like the Washington Post *lol*. Seriously, there is a reason why negotiations go on in secret, it is to allow them to work out a deal without all the crap flying around as we see here, the rumors, people getting their arms up over what might be nothing and so forth. You see that with the government all the time, stuff comes out about proposed legislation that is totally bogus, or some clown with the IQ of a turnip submits an amendment, and everyone goes crazy..and what often happens is something that needs to be done doesn't get done.
It is funny, these days we often hear references to the founding fathers, what they did or didn't do. When the constitutional convention met, supposedly to amend the articles of confederation, there was a complete blackout on what was going on their, members were not allowed to talk (reputedly, showing his wisdom once again, Washington supposedly said that anyone who publicly spoke/leaked information wouldn't be thrown out, they would be shot.....and he might have been serious, knowing Washington...). There was a reason, negotiations like that were fraught, and they knew it, the compromises that were made, the decisions to let the future worry about issues like slavery, all would have caused heated discussion and worse had it gotten out..heck, if it became known they were writing a new constitution, it likely might have caused a revolt in some quarters, because technically they were charged with amending,not rewriting, the current rules.