Keith Mack
The process of enacting a law varies across different countries and political systems. In the United States, for instance, a bill is first introduced and assigned to a committee for research, discussion, and amendments. Once passed by both Houses and approved by the President, it becomes a law. However, the enactment of a law does not always guarantee its immediate effectiveness. In some cases, an Act may require an explicit commencement date or order, or it may come into force upon the occurrence of a specific event or condition. The effectiveness of laws is monitored by standing committees, which assess their implementation and determine if they align with the intent of the enacting body. While laws are meant to be enforced, there may be instances where they are enacted but not immediately effective due to procedural, constitutional, or administrative requirements.
| Characteristics | Values |
|---|---|
| A law can be enacted but not effective if | A bill is passed by one body and becomes an Act but is not yet effective as a law |
| A bill is vetoed by the President and Congress is no longer in session | |
| A bill is passed but does not include explicit commencement dates or provisions for commencement orders | |
| A bill is passed but does not receive the required number of votes or ratifications | |
| A bill is passed but is not published in an official gazette | |
| A bill is passed but is not signed or approved by the head of state | |
| A bill is passed but is repealed before it comes into force |
What You'll Learn
The role of the President in law enactment
The President plays a significant role in the enactment of laws in the United States. While the legislative powers are vested in the Congress, which consists of the Senate and the House of Representatives, the President has substantial legislative responsibilities and powers.
The President's legislative role has evolved substantially since 1900, influenced by political and social forces. The President is recognised as the leader of their party, and this has contributed to the expansion of their legislative influence. The President can communicate with Congress on any subject and in as precise terms as they choose, conveying their conception of its duty. They are not, however, obliged to impart information that they judge should be withheld in the public interest.
The President can recommend measures to Congress for their consideration, and they may convene both Houses or either of them on extraordinary occasions. The President also has the power to adjourn the Houses, although this power has never been exercised. The President frequently summons both Houses for legislative purposes and the Senate for the consideration of nominations and treaties.
The President plays a crucial role in the budget process, as they transmit the proposed budget to Congress annually. The President's budget proposal forms the basis of appropriation bills drafted by the Committees on Appropriations of the House and Senate. The President also has the power to veto a bill, and if the President's veto is sustained by Congress, the bill fails to become a law. However, Congress can override the President's veto by passing the bill with a two-thirds vote in both Houses, and the bill is then enacted into law without the President's signature.
Additionally, the President ratifies treaties with the advice and consent of the Senate. Treaties remain before the Senate once submitted by the President until the Senate acts on them or they are returned to the President or the Secretary of State.
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The legislative branch's responsibilities
The legislative branch of the US government is responsible for creating laws. This branch is made up of Congress, which includes the Senate and the House of Representatives, as well as special agencies and offices that provide support services to Congress.
The legislative process typically begins with a bill, which is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the Senate or House of Representatives, or it can be proposed during an election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to the bill. The committee will also seek input from relevant departments, agencies, and the Government Accountability Office to determine the necessity and desirability of enacting the bill into law. The committee will then report on the bill, including any amendments, and the total number of votes cast for and against it.
After the passage of a bill by one body, it becomes an Act, but it is not yet effective as a law. The bill is then transmitted to the other body for approval. If passed by both Houses, the bill is sent to the President for approval. If the President approves, the bill becomes a law. However, if the President vetoes the bill, Congress can vote to override the veto, and the bill will then become a law.
In addition to lawmaking, the legislative branch also has the responsibility of confirming or rejecting presidential nominations for heads of federal agencies, federal judges, and the Supreme Court. Congress can also remove the President from office in exceptional circumstances. The legislative branch is an essential part of the system of checks and balances, as it can respond to and change the actions of the other branches of government.
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The Senate's power of advice and consent
In the United States, the Senate's power of advice and consent refers to its role in approving treaties and appointments made by the president. This power is outlined in Article II, Section 2, Clause 2 of the US Constitution, also known as the treaty clause. The clause states that the president has the power to make treaties and appoint ambassadors, ministers, and other officers of the United States, with the advice and consent of the Senate. The specific wording of the clause has been the subject of debate, with some arguing for a stronger role for the Senate in providing advice to the president before nominations are made.
The power of advice and consent gives the Senate the ability to review and approve treaties signed and appointments made by the president. This includes appointments to public positions such as Cabinet secretaries, federal judges, officers of the armed forces, United States attorneys, and ambassadors, among others. The process typically involves a congressional hearing to question the appointee, followed by a committee vote, and then a confirmation vote by the full Senate. A majority of Senators present are required to pass a motion to advise and consent, although tactics like filibuster can be used to require more than a simple majority.
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The impact of non-enforcement of laws
Firstly, non-enforcement of laws can lead to a loss of public trust and confidence in the government and the legal system. When laws are not enforced, it sends a message to the public that the government is ineffective or indifferent to their concerns. This can lead to a decrease in public cooperation with the government and a breakdown in social cohesion. For instance, in the case of the George Floyd incident, the non-enforcement of laws by police officers abusing their enforcement discretion, particularly against racial minorities, has led to a loss of trust in law enforcement agencies.
Secondly, non-enforcement of laws can have economic impacts, including increased national debt and decreased government revenue. For example, the failure to enforce tax laws has resulted in wealthy taxpayers evading their tax obligations, leading to a loss of revenue for the government. It has been estimated that returning to historic norms of tax law enforcement could increase federal revenue by $1 trillion.
Thirdly, non-enforcement of laws can have serious health and safety implications. For instance, in the case of the Champlain Towers South collapse in Surfside, Florida, it was found that required repairs to the building had been delayed due to years of non-compliance with building code regulations. This tragedy could potentially have been prevented if the laws had been enforced. Similarly, non-enforcement of health and safety laws, such as non-smoking ordinances in restaurants, can put the public at risk.
Lastly, non-enforcement of laws can lead to social injustices and a denial of civil rights. For example, child abuse, drunken driving, and racial or gender discrimination are often not adequately addressed due to a lack of enforcement, resulting in continued harm to vulnerable individuals. Additionally, symbolic laws that are not enforced, such as those against adultery, can send conflicting messages to society and undermine the credibility of the legal system.
In conclusion, the non-enforcement of laws can have far-reaching consequences, including a loss of public trust, economic impacts, health and safety risks, and social injustices. It is crucial for elected officials and their appointees to supervise and ensure consistent enforcement of laws to maintain social order and protect the interests of the public.
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The public record of laws
In the United States, the public record of laws is a complex and dynamic system that varies across different states and territories. Each state has its own set of laws and guidelines regarding access to public records, with laws such as the Freedom of Information Act (FOIA) and the Access to Public Records Act (APRA) in place to ensure transparency and accountability in government operations.
The Freedom of Information Act (FOIA), enacted in 1967, grants the public the right to request access to records from any federal agency. This Act has been widely adopted across multiple states, including Arkansas, Connecticut, Delaware, Illinois, Michigan, South Carolina, Virginia, West Virginia, and the District of Columbia. However, the response times to FOIA requests vary among these states, ranging from 3 days in Arkansas to up to 12 weeks in Connecticut.
The Access to Public Records Act (APRA) is another crucial piece of legislation that governs public record access in states like Indiana and Rhode Island. In Indiana, the APRA covers all three branches of government and mandates a timely response to requests, with fees applicable for duplication. Rhode Island's APRA allows agencies to collect fees for duplication, retrieval, and search, but courts can waive these fees if the request serves the public interest. Additionally, Rhode Island agencies have 10 days to respond to a request, with a possible extension of 20 business days for valid reasons.
While most records are subject to public record laws, certain exemptions exist. These include attorney-client privilege, investigatory documents, and records related to criminal investigations and prosecutions. Adoption records, public utility records, and 911 calls may also be exempt from mandatory disclosure under state statutes.
To ensure compliance with public record laws, attorneys general play a crucial role. They are responsible for enforcing these laws and establishing policies and procedures for state agencies to follow. In cases of willful violation by a state agency, attorneys general have the authority to take legal action to enforce compliance.
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Frequently asked questions
Yes, a law can be enacted but not be effective. The process by which a bill becomes an Act is separate from its commencement. Even if a bill passes through all the necessary stages to become an Act, it may not automatically come into force.
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. After the passage of a bill by one body, it technically becomes an Act (not yet effective as a law).
For a bill to become a law, it must be passed by both Houses and approved by the President. If the President chooses to veto a bill, Congress can vote to override the veto and the bill becomes a law.
Public laws affect the nation as a whole, whereas private laws benefit only an individual or a class thereof.
