Cecily Zamora
Congress is the law-making branch of the US federal government. It has the authority to make new laws and change existing ones. However, there are certain limitations to its powers. For instance, the Senate and the House of Representatives have different procedural rules. While the House can initiate tax and revenue-related legislation, only the Senate can draft legislation related to presidential nominations and treaties. The legislative process also varies between the House and the Senate, with the former using a majority vote and the latter employing deliberation and debate before voting. Additionally, Congress cannot override a pocket veto by the President, which occurs when a bill is unsigned and Congress is no longer in session.
| Characteristics | Values |
|---|---|
| Legislative power | Vested in Congress |
| Lawmaking | Congress is the federal government branch that makes laws |
| Bill introduction | Anyone can write a bill, but only members of Congress can introduce legislation |
| Bill referral | Bills are referred to committees for review and research |
| Number of committees | 17 Senate committees, 70 subcommittees, 23 House committees, and 104 subcommittees |
| Committee chairmen | Elected from nominations submitted by the majority party caucus |
| Committee jurisdiction | Committees oversee specific policy areas |
| Types of bills | Public (affecting the general public) and private (affecting a specified individual or entity) |
| Amendments | Both Houses of Congress can vote to amend the Constitution |
| Presidential role | The President can approve or veto a bill; Congress can override a veto with a two-thirds vote |
| Impeachment | The House of Representatives presents charges, and the Senate tries the impeachment |
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What You'll Learn
The US Congress is the federal government's law-making branch
The process of making a law begins with the introduction of a bill to Congress. A bill is a proposal for a new law or a change to an existing law. Anyone can write a bill, but only members of Congress can introduce legislation. Bills can be proposed by sitting members of the Senate or House of Representatives, or during their election campaigns. They can also be petitioned by citizens or groups who recommend a new or amended law to their Congressional representative. Some important bills are traditionally introduced at the request of the President, such as the annual federal budget.
Once introduced, a bill is referred to a committee for review. There are 17 Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees. Each committee oversees a specific policy area, and the subcommittees take on more specialized policy areas. For example, the House Committee on Ways and Means includes subcommittees on Social Security and Trade. The committees are not set in stone, and they change in number and form with each new Congress as required for the efficient consideration of legislation.
After being reviewed by a committee, a bill is put before the 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. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. The president can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. 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 Congress is no longer in session, the bill will be vetoed by default, which is called a pocket veto, and it cannot be overridden by Congress.
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Bills can be introduced by any US citizen
In the United States, laws begin as ideas. These ideas can come from a Representative or from any US citizen. Citizens with ideas for laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills. When a Representative has written a bill, the bill needs a sponsor. The Representative talks with other Representatives about the bill in hopes of getting their support. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.
In the US House of Representatives, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk’s desk. Only Representatives can introduce bills in the US House of Representatives. When a bill is introduced in the US House of Representatives, a bill clerk assigns it a number that begins with H.R.
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. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.
The president then considers the bill. The president can approve the bill and sign it into law. Or the president can refuse to approve a bill. This is called a veto. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law. But 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. This action is called a pocket veto, and it cannot be overridden by Congress.
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Bills are assigned to committees for research and discussion
In the United States, 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.
Committees are subsidiary organisations established for the purpose of considering legislation, conducting hearings and investigations, and reporting by bill or otherwise on matters within a defined jurisdiction. They are composed of members who are elected or appointed based on their qualifications and interests. For example, the Committee on the Judiciary is traditionally populated with numerous lawyers. Members rank in seniority in accordance with the order of their appointment to the full committee, and the ranking majority member with the most continuous service is often elected chairman.
Committees may be permanent or temporary, and there are several types, including standing committees, select committees, and special committees. Standing committees are permanent committees established under the standing rules of the Senate that specialise in the consideration of particular subject areas. The Senate currently has 16 standing committees. Select and special committees have varying powers and obligations and are increasingly given legislative jurisdiction. There are also joint committees, which include members from both houses of Congress. Joint committees are usually established with narrow jurisdictions and typically lack the authority to report legislation. The position of chair usually alternates each Congress between members from the House and Senate.
During committee hearings, members offer, debate, and vote on amendments to a bill. Most committee hearings and markup sessions are open to the public, except in rare cases, usually when discussing national security issues. After a hearing, committees post witness testimony on their websites, though these testimonies often do not include the question-and-answer portion of the hearing. Committees also provide access to the webcast of the hearing, which shows the hearing in its entirety. Following a committee's hearing, the archived webcast is posted on the committee's website and Congress.gov. Committee reports are documents produced by Senate committees that address investigations, committee business, and legislative or policy measures. There are different types of committee reports, including reports that accompany a legislative measure when reported to the full chamber. At a committee's "mark-up" session, usually held just prior to reporting a bill or resolution back to the full Senate, the committee makes its final decisions about the content and form of the measure. The full committee may then report it to the Senate with or without amendments, submit an adverse report, or vote not to report on anything.
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The President can veto a bill, but Congress can override this
In the United States, the President has the power to veto a bill passed by Congress to prevent it from becoming law. However, this veto can be overridden by Congress if there is a two-thirds majority vote in favour in both the House of Representatives and the Senate. This is known as a 'regular' veto.
The process of how a bill becomes a law begins with a proposal for a new law or a change to an existing one. This proposal can come from a sitting member of the Senate or House of Representatives or be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through the same process in the other body. Once both bodies have voted to accept a bill, they must reconcile any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, it is presented to the President.
The President can choose to approve the bill and sign it into law, or they can veto it. If the President vetoes the bill, they must return it to the house of Congress in which it originated, within ten days, excluding Sundays. This time limit prevents the President from killing legislation through simple inaction. The President is also required to state their objections to the bill in writing, and Congress must consider these objections. If Congress then votes by a two-thirds majority in both chambers to override the veto, the bill becomes law without the President's signature.
However, there is an exception to this process known as a ''pocket veto'. This occurs when Congress adjourns before the ten-day period is up, preventing the President from returning the bill with a veto. In this case, the bill does not become law and cannot be overridden by Congress.
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Congress can't change the US Constitution
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 or be proposed during their election campaign. 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.
However, Congress cannot change the US Constitution by simply passing a new bill. The US Constitution provides that an amendment may be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. If an amendment is proposed by Congress, it is done so in the form of a joint resolution. The President does not have a constitutional role in the amendment process, and the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's Office of the Federal Register (OFR) for processing and publication.
The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory pro. The Governors then formally submit the amendment to their State legislatures or call for a convention, depending on what Congress has specified. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register.
A proposed amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the States (38 out of 50 States). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to Congress and the Nation that the amendment process has been completed.
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Frequently asked questions
Congress is the law-making branch of the US federal government and has the authority to change any existing law. However, there is a process to be followed, and the President has the power of veto.
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 US Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens. Once introduced, a bill is referred to a committee for review and then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through the same process in the other body. Once both bodies have voted to accept, they must work out any differences between the two versions. The bill is then sent to the President for review.
The President may veto a bill passed by Congress, but Congress may override the veto by a two-thirds vote in both the Senate and the House of Representatives. If Congress is in session and the President does not sign a bill within 10 days, the bill becomes law. However, if Congress adjourns before the 10 days are up, the bill will be pocket-vetoed and cannot be overridden.
