Kara Sears
The process of changing state laws varies across different states in America. State senators can propose a bill, which is a proposal for a new law or a change to an existing law. If a bill passes in one body of Congress, it goes to the other body to be researched, discussed, changed, and voted on. Once both bodies vote to accept a bill, they must reconcile any differences between the two versions before voting on the same version of the bill. If it passes, it is presented to the president, who can approve and sign it into law or veto it. Congress can, in most cases, vote to override a presidential 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.
| Characteristics | Values |
|---|---|
| Can a state senator change state laws? | No, but they can propose a bill for a new law or a change to an existing law. |
| Who can propose a bill? | A sitting member of the U.S. Senate or House of Representatives, or be proposed during their election campaign. |
| Who else can propose a bill? | People or citizen groups who recommend a new or amended law to a member of Congress that represents them. |
| What happens once a bill is proposed? | It is assigned to a committee whose members will research, discuss, and make changes to the bill. |
| What happens 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. |
| What happens if the bill passes both bodies of Congress? | They must work out any differences between the two versions and then both chambers vote on the same version of the bill. |
| What happens if the bill passes both chambers of Congress? | They present it to the president for consideration. |
| What can the president do? | The president can approve the bill and sign it into law, or refuse to approve it (veto). |
| What happens if the president vetoes the bill? | In most cases, Congress can vote to override that veto and the bill becomes a law. |
| What happens if Congress does not override the veto? | 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 (pocket veto). |
| How are state legislature vacancies filled? | It depends on the state. In some states, the governor appoints a replacement, while in others, a special election is held. |
What You'll Learn
Senators have one vote each
State senators have the power to change state laws. 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. Senators can also be petitioned by people or citizen groups who recommend a new or amended law. Each senator has one vote, and a bill must go through a process of research, discussion, and changes before it can be voted on. If a bill passes one body of Congress, it goes to the other body to go through a similar process before both bodies vote on the same version of the bill. If it passes, they present it to the president, who can approve and sign it into law or refuse to approve it, which is called a veto. Congress can, in most cases, vote to override a veto for the bill to become a law.
In the case of a vacancy, the Seventeenth Amendment to the Constitution (1913) allows state legislatures to empower the governor to appoint a replacement to complete the term or hold office until a special election. Some states, however, require a special election to fill a vacancy, and a few require the governor to appoint a replacement from the same political party as the previous incumbent. The process of filling a vacant state Senate seat varies across states. For example, in Oklahoma, the governor must call a special election to fill a vacant Senate seat, while in Oregon, the board of county commissioners representing the vacant seat selects a replacement.
The Senate also has specific roles in confirming the Vice President and in impeachments. Each senator has one vote in choosing the Vice President from the two candidates with the largest number of votes for that office. In impeachments, the Senate sits as a court, and no impeached person may be removed without a two-thirds vote of the senators, with a quorum being present.
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Bills can be proposed by senators
State senators can propose bills, which are proposals 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. Senators can also collaborate with members of the House of Representatives on legislation so that identical or very similar bills are introduced in both the House and the Senate. The Senator or Senators who introduce the bill are known as sponsors and they are the primary champions of the legislation. Other Senators, who did not introduce the legislation themselves but who also want to express strong support for the bill, can sign on as a cosponsor.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee to which a bill is referred is decided by the Senate Parliamentarian. The chair of the committee may decide to hold a hearing in order to examine the legislation. During a hearing, committee members invite policy experts, agency representatives, and other stakeholders to testify on how the bill will affect the country. After holding a hearing or hearings, the chair of the committee can decide to hold a "markup" during which committee members debate, modify, and ultimately vote for or against the bill. If the majority of the committee members vote favorably for the bill, it is advanced to the Senate floor, where every Senator has an opportunity to review and debate the legislation.
In the Senate, bills are typically referred to a committee in a similar process, though almost always, the bill is referred only to the committee with jurisdiction over the issue that predominates in the bill. In a limited number of cases, a bill might not be referred to a committee but instead be placed directly on the Senate Calendar of Business through a series of procedural steps on the floor.
After being introduced, the bill is sent to the Senate Parliamentarian who assigns it to a specific committee or committees for further deliberation. Ultimately, a law can only be passed if both the Senate and the House of Representatives introduce, debate, and vote on similar pieces of legislation.
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Bills can be petitioned by citizens
In the United States, the right to petition is guaranteed by the First Amendment to the Constitution. This means that citizens or groups of citizens can approach administrative agencies, courts, and all departments of the government with a petition. The right to petition extends to all branches of the government, including the king, or either house of parliament.
The right to petition is an important civil liberty and has been used to justify taking action against the government. For example, in the Declaration of Independence, the colonies listed King George's failure to address the grievances outlined in their petitions as a reason for declaring independence.
There are two types of bills: public and private. Public bills pertain to matters that affect the general public or classes of citizens, while private bills affect only certain individuals and organizations. Private bills often deal with immigration, granting citizenship or permanent residency, and may also be introduced for individuals with claims against the government or for veterans' benefits claims.
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Governors can fill Senate vacancies
However, the process of filling Senate vacancies varies across states. While governors in 45 states have the authority to appoint temporary replacements, some states, including Kentucky, North Dakota, Oregon, Rhode Island, and Wisconsin, require a special election to fill the vacancy. Additionally, 11 states impose limitations on the governor's choice of replacement. For example, six states—Hawaii, Maryland, Montana, North Carolina, West Virginia, and Wyoming—require the governor to select from a list of three nominees presented by the previous senator's party.
The state of Connecticut has the most restrictive rules regarding Senate appointments. The governor can only fill a vacancy if there is a year or less remaining in the term, and their choice must be approved by a two-thirds vote in each house of the state legislature. This rule aims to prevent governors from appointing someone from their own party to a seat previously held by a member of a different party.
The power of governors to fill Senate vacancies can have significant implications for the balance of power in the Senate, especially when the chamber is closely divided between Democrats and Republicans. In 2023, for instance, Nebraska's Republican governor, Jim Pillen, appointed former governor Pete Ricketts to replace the resigning Republican senator, Ben Sasse. This appointment shifted the balance of power in the Senate, as the replacement senator caucused with a different party than the one previously holding the seat.
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The president can veto a bill
In the United States, the president can use the veto power to prevent a bill passed by Congress from becoming law. This is known as a "revisionary power", and it was first used by President George Washington in 1792 when he vetoed a bill outlining a new apportionment formula. The president's veto power is not absolute, as Congress can override it with a two-thirds vote of both chambers. The president must also state their objections to the bill in writing, and Congress is required to consider them.
There are two types of presidential vetoes: the regular veto and the pocket veto. A regular veto occurs when the president returns a bill unsigned to the House of Representatives within ten days, excluding Sundays, while Congress is still in session. If Congress adjourns before the ten days have passed, the bill fails to become law, and this is called a pocket veto. A pocket veto cannot be overridden by Congress.
In addition to the president, state governors and some mayors and county executives also have veto power over bills passed by state legislatures. Governors can veto an entire bill or use additional powers, such as line-item, amendatory, and reduction vetoes, to strike or revise parts of a bill without rejecting the entire package.
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Frequently asked questions
State senators can propose a bill for a new law or a change to an existing law. However, the bill has to go through a process of research, discussion, and changes before it can become a law. Therefore, a single state senator cannot change a state law by themselves.
A bill is a proposal for a new law or a change to an existing law. A bill can be proposed by a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also 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. If the bill passes one body of Congress, it goes to the other body to go through a similar process. 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 refuse to approve it, which is called a veto. If the president vetoes a bill, Congress can vote to override that veto, and the bill becomes a law.
The process of filling vacancies in state legislatures varies across different states. In some states, like Oklahoma, the governor must call a special election to fill the vacancy, while in other states, like Nebraska and Utah, the governor is responsible for appointing a replacement. The specific rules and requirements for filling vacancies also differ across states. For example, in Oklahoma, if a vacancy occurs in an even-numbered year and the term of office will expire in that year, no special election can be called. In Utah, if the vacancy occurs after the nominating deadline, a new candidate must file a declaration of candidacy and certificate of nomination to be on the ballot.
