Keith Mack
Statutory law in the United States is made up of laws passed by the legislature. In the case of the federal government, these laws are acts passed by the United States Congress. These acts are designated as either Public Laws, which relate to the general public, or Private Laws, which relate to specific institutions or individuals. The legislative process is a critical aspect of the democratic system in the United States, providing ample opportunity for all sides to be heard and make their views known. The process involves committees, which provide an intensive forum for proposed measures and public input, as well as the consideration and enactment of bills. These bills, or proposals for new laws or changes to existing laws, can originate from members of Congress or be petitioned by citizen groups. Once a bill is passed by Congress and signed by the President, it becomes a Public Law, receiving a number based on the chronological order of its enactment.
| Characteristics | Values |
|---|---|
| What are statutory laws? | The laws passed by the legislature or Congress |
| Who creates statutory laws? | Congress, the lawmaking branch of the federal government |
| What is the process? | A bill is proposed, assigned to a committee, researched, discussed, and voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process. Once both bodies vote to accept a bill, they must work out any differences between the two versions. |
| What are the types of bills? | General appropriation bill, tax and revenue-related legislation, presidential nominations and treaties, etc. |
| What are the types of laws? | Public laws relating to the general public and private laws relating to specific institutions or individuals |
| Where can you find information about the laws? | Congress.gov, USCCAN, US Code, Federal Register, CFR, etc. |
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What You'll Learn
The legislative process
The committees provide the most intensive consideration of a proposed measure and a forum where the public is given the opportunity to be heard. There are, at present, 20 standing committees in the House and 16 in the Senate, as well as several select committees. The House may also create select committees or task forces to study specific issues and report on them to the House. A task force may be established formally through a resolution passed by the House or informally through the organization of interested Members by the House leadership.
The chairman or the ranking minority member of the relevant committee often introduces the bill, either in the form in which it was received or with desired changes. This practice is usually followed even when the majority of the House and the President are not of the same political party. The President also has influence in the legislative process, as they recommend an annual budget for federal agencies and often suggest legislation. The power to veto legislation can also affect the content of bills passed by Congress.
Once a bill is passed by Congress and signed by the President, it becomes a Public Law. The legislation receives a Public Law number based on the Congress and when it was issued. Public laws are first published as slip laws and are subsequently bound into the Statutes at Large.
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Congress's role in lawmaking
Statutory law in the United States consists of laws passed by the legislature. In the case of the federal government, these laws are acts passed by the United States Congress. These acts are designated as either Public Laws or Private Laws. Public laws relate to the general public, while private laws relate to specific institutions or individuals. Most of the laws passed by Congress are public laws.
Congress is the lawmaking branch of the federal government. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by people or citizen groups. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee provides the most intensive consideration of a proposed measure and is also a forum where the public is given the opportunity to be heard. There are 20 standing committees in the House and 16 in the Senate, as well as several select committees.
Once a bill is passed by Congress and signed by the President, it becomes a Public Law. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, called a pocket veto, which cannot be overridden by Congress.
Once a bill becomes a law, it is first published as a slip law, which contains a single statute. These slip laws are then published in the United States Code Congressional and Administrative News. At the conclusion of each session of Congress, these new laws are bound into volumes. Most laws are eventually incorporated into the U.S. Code.
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Committees and their work
In the US Congress, both the House of Representatives and the Senate rely on committees to efficiently manage their extensive legislative workload. These committees are made up of specialised groups of members and are essential for the in-depth scrutiny of proposed legislation and pertinent issues.
Congressional committees are legislative sub-organisations that handle specific duties, allowing members to develop specialised knowledge in the matters under their jurisdiction. They monitor ongoing government operations, identify issues suitable for legislative review, gather and evaluate information, and recommend courses of action to their parent body.
There are several types of committees, including standing committees, select committees, and joint committees. Standing committees are permanent committees that operate in both the House and the Senate, focusing on broad policy areas. For example, the House has committees such as Ways and Means, Appropriations, and Judiciary, while the Senate has committees like Foreign Relations, Armed Services, and Finance. Standing committees are responsible for reviewing bills, conducting oversight, and shaping legislation through their recommendations. Select committees, on the other hand, are created for specific purposes and are often temporary. They investigate particular issues or oversee specific functions. Joint committees consist of members from both the House and the Senate and are tasked with addressing specific topics, providing recommendations or reports, and overseeing entities such as the Congressional Budget Office or the Library of Congress.
The work of committees is an important phase of the legislative process. They provide intensive consideration of proposed measures and serve as a forum for public input. The chairman or ranking minority member of the relevant committee often introduces the bill, with desired changes if necessary. Committees in the House and Senate play a crucial role in the legislative process, facilitating expert testimonies and ensuring that various perspectives are considered before a bill progresses to the full chamber.
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Bills and their journey
In the United States, statutory laws are created by Congress, which is the federal government's lawmaking branch. The process of lawmaking involves a bill going through several stages of scrutiny and refinement before it can be passed as a law.
A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or groups who recommend a new or amended law to their representative. Bills get specific designations to show their origin: House bills are labelled "H.R.", followed by a number, while Senate bills are marked "S." with a sequential number. These designations help track bills through the legislative process.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee stage is considered the most important phase of the legislative process, as it is where the most intensive consideration of a proposed measure takes place, and the public is given the opportunity to be heard. There are 20 standing committees in the House and 16 in the Senate, as well as several select committees.
After the committee stage, the bill is put before the respective chamber (the House or the Senate) to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body, including research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions.
Once a bill is passed by both chambers of Congress, it is sent to the President of the United States for approval. The President plays a crucial constitutional role in the legislative process, as they can choose to veto a bill. If the President vetoes a bill, Congress can, in most cases, vote to override that veto, and the bill becomes a law. However, if the President does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, which is called a "pocket veto", and cannot be overridden by Congress.
Once a bill is passed by Congress and signed by the President, it becomes a Public Law. It receives a Public Law number based on the Congress and when it was issued. Public laws are first published as slip laws and are subsequently bound into the Statutes at Large. The legislative history of a statute refers to the various documents created during its progress through the legislature, including revisions, debates, hearings, and reports about the bill. These documents can be important for understanding the legislature's intent in passing a law.
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The role of the President
Statutory law in the United States consists of the laws passed by the legislature. In the case of the federal government, statutory laws are acts passed by the United States Congress. These acts are designated as Public Laws or Private Laws. Public laws relate to the general public, while private laws relate to specific institutions or individuals.
The process of lawmaking in Congress involves the following steps:
- A bill is proposed: The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by people or citizen groups.
- The bill is introduced: The chairman or ranking minority member of the relevant committee introduces the bill, either in the form it was received or with desired changes.
- The bill is assigned to a committee: The committee researches, discusses, and makes changes to the bill.
- The bill is voted on by the first body of Congress: If the bill passes, it goes to the other body to go through a similar process of research, discussion, changes, and voting.
- The bill is voted on by the second body of Congress: If both bodies vote to accept the bill, they must work out any differences between the two versions and vote on the same version of the bill.
- The bill is presented to the President: The President considers the bill and can approve it, signing it into law, or refuse to approve it, which is called a veto.
The President's role in this process is significant. Firstly, the President can propose bills to Congress, transmitting the proposed budget, which forms the basis of several appropriation bills drafted by the Committees on Appropriations of the House and Senate. The President may also, on extraordinary occasions, convene both Houses or either of them. Additionally, the President has the power to veto a bill. In most cases, Congress can vote to override this veto, and the bill becomes a law. However, if the President does not sign off on a bill and Congress is no longer in session, the bill is vetoed by default, which is called a pocket veto, and Congress cannot override it.
Article II, Section 3 of the U.S. Constitution outlines several presidential duties, including the duty to "take Care that the Laws be faithfully executed". This clause has been extensively debated, but it indicates that the President is responsible for ensuring that existing laws and the Constitution are upheld. The President is not solely responsible for executing the laws but must ensure that subordinates execute them faithfully. This includes supervising executive departments and assigning responsibility to the heads of various executive departments.
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Frequently asked questions
The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to their representative in Congress. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto and the bill becomes a law.
Statutory laws in the United States are laws passed by the legislature. For the federal government, these are acts passed by the United States Congress. These acts are designated as Public Laws or Private Laws. Public laws relate to the general public, while private laws relate to specific institutions or individuals.
A statute's legislative history refers to the various documents created during a bill's progress through the legislature. These documents include revisions, debates, hearings, and reports about the bill. These documents are important when trying to determine the legislature's intent in passing a law.
Federal statutes and regulations can be found on the internet. The Library of Congress website, Congress.gov, provides legislative information, by bill number or keyword, from the present back to the 93rd Congress (1973). The United States Code Congressional and Administrative News (USCCAN) contains the full text of legislation along with selected pieces of legislative history.
