How Laws Can Change Without Congress

The legislative process in the United States is a complex and lengthy one, with multiple stages at which a proposed bill can be amended or rejected. At the federal level, a bill must be passed by both the House of Representatives and the Senate before it can become a law. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. It is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body. After both bodies have voted to accept a bill, they must reconcile any differences between the two versions and vote on the same text. If the bill passes this stage, it is presented to the President for approval. The President can approve the bill and sign it into law, or reject it. The President can also refuse to spend funds on programs approved by Congress, as demonstrated by President Richard Nixon in the 1970s.

The role of the President

The President of the United States plays a crucial role in the legislative process, which is outlined in the Constitution. While the President does not have the power to change a law without congressional approval, they can influence and shape the direction of legislation through several means.

Firstly, the President can propose and introduce bills to Congress. The President can direct a commission or committee to conduct studies and drafts, which can result in the creation of bills. This process can take a year or more and involves significant expertise and consideration. Once a bill is introduced, it undergoes a rigorous process of research, discussion, and amendment by committees and both Houses of Congress.

Another way the President can influence legislation is through executive communications. These are documents signed by the President or department heads and submitted as reports to the Senate. These communications allow the President to share their views and recommendations on various matters, including proposed legislation. The President can also address both Houses of Congress directly by personally addressing a joint session or sending written messages to Congress.

After a bill has been passed by both Houses of Congress, it is presented to the President for consideration. At this stage, the President has the power to approve and sign the bill into law or to veto it. If the President chooses to veto a bill, Congress can, in most cases, override the veto and pass the bill into law anyway. However, if the President does not sign off on a bill, and Congress is no longer in session, the bill is effectively pocket vetoed, and Congress cannot override this action.

In summary, while the President cannot change a law without congressional approval, they have significant influence over the legislative process. They can initiate bills, communicate their views, and ultimately approve or veto proposed legislation. The President's role in the legislative process is an essential check and balance within the US political system.

The House of Representatives

In the United States, a proposal cannot become a law without consideration and approval by both Houses of Congress. The House of Representatives plays a crucial role in this process, as the majority of laws originate in this chamber.

Any member of the House of Representatives can introduce a bill at any time while the House is in session. The member introducing the bill is known as the primary sponsor, and their signature must be on the bill before it is accepted for introduction. The bill is then assigned to a committee, which will research, discuss, and make changes to it. Committees are required to include a list of congressional earmarks, limited tax benefits, and limited tariff benefits in their report. Once the committee has approved the bill, the chairman must promptly report it to the House. The bill is then put before the House to be voted on.

If the bill passes the House, it goes to the Senate, where it undergoes a similar process of research, discussion, changes, and voting. If it passes both chambers, the two versions must be reconciled, and both chambers vote on the same version of the bill. If it passes this stage, it is presented to the President for consideration. 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 vetoes the bill, Congress can, in most cases, vote to override the veto, and the bill becomes a law.

It is important to note that the House and the Senate have some procedural differences. While both are equal in their functioning, only the House can initiate tax and revenue-related legislation. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate before voting.

The Senate

The United States Senate is one of two chambers of Congress that work together to create laws. The other chamber is the House of Representatives. The Senate is composed of 100 Members, two from each state, elected by the people in accordance with the 17th Amendment to the Constitution. Senators are elected for six-year terms, with one-third of the Senate elected every two years.

The idea for a bill can come from a sitting member of the Senate or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress that represents them. 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.

In summary, while laws cannot be changed without some form of congressional approval, the Senate plays a crucial role in the legislative process, with unique powers and responsibilities that set it apart from the House of Representatives.

The process of introducing a bill

Once a bill is introduced, it is assigned to a committee. The Speaker refers the bill to all committees with jurisdiction over the provisions in the bill as determined by the chamber's standing rules and past referral decisions. Most bills fall under the jurisdiction of one committee. If multiple committees are involved and receive the bill, each committee may only work on the portion of the bill under its jurisdiction. Both the House and Senate have various committees composed of groups of Congress members who are particularly interested in different topics such as health or international affairs. When a bill is in the hands of the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on the record. If the committee does not act on a bill, the bill is considered to be "dead".

Subcommittees are organized under committees and have further specialization on a certain topic. Committees may refer bills to a subcommittee for study and hearings. When the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". A subcommittee makes reports to its full committee, and the latter may adopt such reports without change, amend them, reject them, or adopt a different report. At a committee's "mark-up" session, the committee makes its final decisions about the changes and amendments to the bill. If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". Once the bill reaches the floor, there is additional debate and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting.

Committees and subcommittees

There are several types of committees, including joint committees, which comprise members of both the Senate and the House of Representatives. Conference committees, a type of joint committee, are appointed when there is disagreement on a measure after passage by both Houses. They work to resolve differences between the two versions of a bill, with members voting in two delegations. Another type of committee is a select committee, such as the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party.

Committee hearings are a method for gathering information and can be classified into four types: legislative, oversight, investigative, and consideration of presidential nominations. Legislative hearings anticipate the subject matter of a measure so that the committee can eventually mark up and report legislation. Oversight hearings are used to review, monitor, and supervise the implementation of legislation, specifically in the executive branch. Investigative hearings, on the other hand, involve allegations of wrongdoing.

Subcommittees are also an integral part of the process. They report to their respective full committees, which may adopt, amend, or reject their reports. Subcommittee membership rosters can be found in the Congressional Directory.

In summary, committees and subcommittees are vital components of the legislative process. They provide a forum for research, discussion, and amendments to proposed bills. The different types of committees and subcommittees work together to ensure thorough consideration of legislation before it is passed into law.

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