Laws: Ever-Changing Or Immutable?

Laws are not set in stone and can be revised over time. The legislative process is designed to allow for changes and updates to be made to existing laws as society evolves and new issues arise. In the United States, for example, Congress has the power to revise laws through mechanisms such as the reconciliation process, which brings existing laws into conformity with the most recently adopted budget resolution. The President also plays a role in law revision, as they can be granted the authority to appoint commissioners to revise, simplify, and consolidate federal statutes. Additionally, Congress can vote to override a presidential veto, allowing a bill to become law even without the President's approval. The evolution of laws over time is an important aspect of the legal system, and understanding these changes is crucial for legal professionals when researching and applying current laws.

The legislative process

Any member of the House of Representatives may introduce a bill at any time while the House is in session by simply placing it in the "hopper" at the side of the Clerk's desk in the House Chamber. The bill is then assigned to a committee for study. The House of Representatives divides its work among over twenty permanent committees. After a bill is introduced and referred to the committee of jurisdiction, the committee will often send the measure to its specialized subcommittee(s) for study, hearings, revisions, and approval. Usually, the first step in this process is a public hearing where the committee or subcommittee members hear witnesses representing various viewpoints on the measure.

If released by the committee, the bill is put on a calendar to be voted on, debated, or amended. If the bill passes by a simple majority, the bill moves to the Senate. In the Senate, the bill is assigned to another committee and, if released, debated and voted on. If the Senate makes changes, the bill must return to the House for concurrence. The resulting bill returns to the House and Senate for final approval. The enactment of law always requires both chambers to separately agree to the same bill in the same form before presenting it to the President.

Congress aims to complete action on a concurrent resolution on the budget for the next fiscal year by April 15. Congress may adopt a later budget resolution that revises the most recently adopted budget resolution. One of the mechanisms Congress uses to implement the constraints on revenue and spending is called the reconciliation process. Reconciliation is a multiple-step process designed to bring existing law in conformity with the most recently adopted concurrent resolution on the budget.

The role of the president

Laws can be revised over time, and the President plays a crucial role in this process. The President has the power to approve or veto a bill, which is a proposal for a new law or a change to an existing law. The idea for a bill can come from various sources, including members of the U.S. Senate or House of Representatives, citizen groups, or during election campaigns. Once a bill is introduced, it goes through a committee process in both the Senate and the House, where it is researched, discussed, and amended. If the bill passes through both chambers, it is presented to the President for consideration.

The President's role in revising a law is significant. The President can choose to approve a bill, signing it into law, or veto it. If the President vetoes a bill, Congress can override the veto, and the bill becomes a law anyway. However, if the President does not sign off on a bill and Congress is no longer in session, the bill is pocket-vetoed, and this type of veto cannot be overridden. This power of approval or veto gives the President a substantial role in shaping the country's legislation.

In addition to this direct role in the legislative process, the President also has other responsibilities that impact law-making. The Senate, for example, has the function of advising and consenting to treaties and certain nominations made by the President. The President's role in appointing commissioners to revise, simplify, and consolidate federal statutes is another way they influence the revision of laws over time. As demonstrated in the 1870s, Congress authorized the President to appoint commissioners to create the first codification of federal statutes, which became known as the Revised Statutes of the United States.

The President's role in the legislative process is an essential check and balance in the law-making procedure. It allows for a more thoughtful and deliberate approach to creating and revising laws, ensuring that the interests of the country and its citizens are considered. The President's power to approve or veto a bill provides a critical opportunity to evaluate and, if necessary, prevent the passage of a bill that may not be in the best interests of the nation. This role contributes to the democratic process by providing a safeguard against hasty or ill-conceived legislation.

Congress and budget resolutions

Congress is required to adopt a budget resolution each year, which serves as a blueprint for Congressional action on budget-related legislation. It outlines spending and revenue targets for the House and Senate committees, who then propose legislation to appropriate funds and change spending and tax laws. The budget resolution is not a law, as it does not require the President's signature, but it provides a framework for Congress to make financial decisions.

The budget resolution process begins with the House and Senate Budget Committees, who draft and enforce the resolution. The committees may seek input from the CBO, which can evaluate the budgetary impact of revenue streams and outlays. Once the committees pass their budget resolutions, they go to the House and Senate floors for a vote. The resolution is adopted when the House and Senate pass identical measures. This process must be completed by April 15, before the start of the fiscal year on October 1.

The budget resolution sets overall spending and revenue targets for the federal government, covering a minimum of five years but often extending to ten. It does not provide funding for specific programs or change tax laws directly. Instead, it guides Congress in allocating resources and making financial decisions. The resolution is a simple document, consisting of a set of numbers outlining spending and revenue targets.

Congress may adopt a later budget resolution that revises the previously adopted one. This process is known as reconciliation, which brings existing laws into conformity with the updated budget resolution. Reconciliation instructions may direct committees to submit changes in laws within their jurisdictions to comply with the new resolution.

Historical statutes

In the United States, the process of codifying federal statutes began in the 1870s, with the publication of the "Revised Statutes of the United States" in 1875. This collection of statutes, approved by Congress, served as the predecessor to the U.S. Code, which was first published in 1926. The Revised Statutes of 1874, for instance, included corrections suggested by the Secretary of War William W. Belknap to address errors and omissions.

Law libraries, such as the Hugh & Hazel Darling Law Library at UCLA School of Law, often maintain historical codes for the states in which they are located. For instance, the UCLA library provides access to English legal materials, including historical statutes, from 1100 to 1952. Similarly, the Boston College Law Library offers online resources for accessing prior versions of statutes, such as Westlaw and Lexis Advance, which provide historical coverage typically beginning in the late 1980s or early 1990s.

The availability of historical statutes can vary by state. For instance, the State Law Library of Texas provides free public access to digitized copies of Texas statutes from 1879 to 1984. However, there is a gap in the official publication of Texas statutes between 1911 and 1925, which was filled by unofficial volumes compiled by John and Henry Sayles.

The veto

In the United States, the president has the authority to veto a bill. This power is derived from the historical concept of royal assent, where the monarch's consent was required for bills to become laws. While the president can approve a bill and sign it into law, they also have the option to refuse and veto it. If the president chooses to exercise their veto power, Congress has the ability to override the veto and pass the bill into law with a two-thirds majority vote. This showcases the dynamic nature of law-making, where different branches of government interact and influence each other.

The type of veto also determines its impact and the possibility of override. An absolute veto, for instance, cannot be overridden at all, while a qualified veto can be overridden by a supermajority. A suspensory veto, on the other hand, can be overridden by a simple majority, resulting in a delay in the law's implementation. A package veto, or "block veto," rejects the entire legislative act, whereas a partial veto, or "line-item veto," allows the executive to object to specific parts of the law while accepting the rest.

The amendatory veto is particularly noteworthy as it grants the executive a more substantial role in the legislative process. It allows the executive to propose amendments to the legislation, which the legislature can then adopt or override. This type of veto is often associated with strong veto power. Additionally, certain veto powers are limited to specific domains, such as budgetary matters in some US states or constitutional matters in countries like South Africa.

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