
In the United States, laws are made through a multi-step process that involves both the legislative and executive branches of government. While voting is a crucial aspect of lawmaking, it is not the only factor. The process begins with the introduction of a bill, which undergoes revisions and additions by committees before being sent to the floor for a vote. The House of Representatives and the Senate, each with their unique procedures, play a key role in passing bills. The President then reviews the bill and has the power to approve or veto it. If the President vetoes, Congress may override the veto by voting, and the bill becomes law. This showcases that while voting is inherent in the process, a law's journey from bill to enactment involves multiple stages and checks and balances between different branches of government.
Characteristics | Values |
---|---|
Who can make a law without voting? | The President can make a law without voting by approving a bill and signing it into law. |
How can a law be made without voting? | If the President does not sign a bill, and Congress is no longer in session, the bill will be vetoed by default, without the need for a vote. This is called a "pocket veto". |
Who can override a veto? | In most cases, Congress can vote to override a presidential veto, allowing a bill to become a law without the President's approval. |
Who chooses the Vice President? | The Senate chooses the Vice President through voting for one of the two candidates with the largest number of votes. |
Who appoints committee staff? | Committee staff are appointed by a vote of the committee, with two-thirds selected by a majority vote of the majority committee members and one-third selected by a majority vote of minority committee members. |
What You'll Learn
The President's role in signing bills into law
In the United States, Congress is the law-making branch of the federal government. A bill is a proposal for a new law or a change to an existing law. 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. Once both chambers of Congress have each agreed to the bill, it is enrolled and presented to the President, who then considers the bill.
The President can also issue signing statements at or near the time a bill is signed into law. These are official pronouncements that can include the President's interpretation of the law's language, objections to certain provisions on constitutional grounds, and the President's intent regarding how they intend to execute the law. While signing statements are not legally binding, they have played a role in conflicts between the executive and legislative branches and have been used by Presidents to indicate their objections to provisions within a bill.
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The House and Senate's procedural differences
The House of Representatives and the Senate have different procedural rules, despite being equal in function. The House can initiate tax and revenue-related legislation, while the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate before voting.
The House requires only a numerical majority to pass legislation, allowing for quicker bill processing. In contrast, the Senate typically needs a three-fifths majority (60 votes) for approval. This means that Senate minority party leaders have more influence over procedures, and the majority leaders must collaborate with them. The Senate website describes the relationship between the majority and minority parties as "one of compromise and mutual forbearance", intended to prevent stalemates on significant matters of legislation.
The Constitution grants the Senate leeway in determining how it conducts its business. Senators have more options to slow a bill's progress, such as keeping floor debates open, to encourage careful discussion and consideration of issues. The vice president is the president of the Senate and can vote, but only to break a tie.
The House has the "'sole power of impeachment' according to Article I, Section 2 of the Constitution. It presents the charges, while the Senate sits as a court to try the impeachment. No impeached person may be removed without a two-thirds vote of the Senators present, with a quorum being present.
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The role of committees in the legislative process
Committees play a pivotal role in the legislative process. They are responsible for studying and receiving public comments on bills introduced in either the Senate or the House. The committee chairman may set a date and time for a hearing on a proposal, which is open to the public. The sponsor explains the proposal to the committee, and any member may ask questions. Other legislators may also speak and be questioned. The chairman then opens the floor to comments from the audience, for or against the proposal, and they too can be questioned. Once everyone has spoken, the committee discusses the proposal, considers amendments, and decides if the bill should go forward or be stopped. The committee can also suggest amendments to the bill, approve it for further action, or disapprove of it.
Committees, therefore, decide which bills come to a vote and shape the language of each bill before it is debated. They also help determine the outcome of the legislative process by deciding which bills the full Congress will consider. They can also amend the bill to reflect their views on the underlying issue.
Interim committees, in particular, study key issues facing the state and recommend legislation for the upcoming session. They meet jointly once a month and serve as a platform for the public to speak and give their input. This is an excellent way for citizens to have direct input into the legislature on any proposed legislation.
The staff of standing committees is limited to 30 persons appointed by a vote of the committee. Two-thirds of the committee staff are selected by a majority vote of the majority committee members, and one-third by a majority vote of minority committee members. All appointments are made without regard to race, creed, sex, or age.
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The Vice President's election by the Senate
The process of law-making in the United States involves the President, the Senate, and the House of Representatives. The President can approve a bill and sign it into law or refuse to approve it, which is called a veto. The House of Representatives and the Senate have the power to override a veto, and the bill becomes a law. However, the question of whether a law can be made without voting is complex and depends on the specific context and procedures involved.
Now, turning to the specific case of "The Vice President's election by the Senate," it is important to understand the historical context and the roles of the different branches of the US government in this process.
The Vice President of the United States (VPOTUS) is the second-highest-ranking office in the executive branch, after the President, and is also an officer in the legislative branch as the President of the Senate. The Vice President is indirectly elected at the same time as the President by the people through the Electoral College, but the electoral votes are cast separately for these two offices.
In the case of a vacancy in the office of Vice President, the 25th Amendment to the US Constitution outlines the procedure. The President nominates a candidate for Vice President, and this nomination must be confirmed by a majority vote in both houses of Congress. This process ensures that the Vice President is elected indirectly by the Senate, filling the vacancy.
Historically, the Senate has only once elected a Vice President. In 1836, Kentucky's former Democratic senator, Richard M. Johnson, fell one electoral vote short of a majority among four vice-presidential candidates. On February 8, 1837, the Senate elected Johnson as Vice President by a vote of 33 to 16.
In summary, while the Vice President is typically elected alongside the President by the people through the Electoral College, the Senate plays a crucial role in confirming the Vice President in cases of vacancy. This process involves voting, and it is a specific application of the broader law-making process in the United States.
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The right to petition for laws
The right to petition is a core right in the United States and around the world, with a long history. It was first established in England centuries ago and has since expanded globally. The right to petition is protected under the First Amendment of the U.S. Constitution, which states:
> "Congress shall make no law [...] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Petitioning the government can take many forms, including writing or calling local, state, or national legislators; speaking at meetings of public officials; starting a petition; signing a petition; or organizing a protest. These petitions can be used to challenge laws, regulations, and policies at local, state, and federal levels.
The right to petition has been an important tool for expressing opinions, persuading legislators, and influencing politics. In the 1800s, for example, petitions were used to advocate for the end of slavery, with some 130,000 citizens signing petitions sent to Congress. In the context of law-making, constituents may avail themselves of the right to petition and transmit their proposals to their elected representatives.
The right to petition is not without its challenges, however. SLAPP (Strategic Lawsuit Against Public Participation) lawsuits, for instance, are often used by businesses, government bodies, and elected officials to combat public criticism or opposition. Over 30 states have enacted anti-SLAPP laws to protect the right to petition.
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Frequently asked questions
No, a law cannot be made without voting. A bill must be voted on by the House and the Senate before it can be sent to the President for review.
If the President vetoes a bill, it is sent back to Congress with a note listing their reasons. Congress can then vote to override the veto, and if successful, the bill becomes a law.
A pocket veto occurs when the President does not sign off on a bill and it remains unsigned when Congress is no longer in session. This type of veto cannot be overridden by Congress.