Bypassing Congress: Witting Law's Complexities

In the United States, the primary function of Congress is to create and modify laws. As the Legislative Branch of the government, Congress has the authority to make laws, and any proposal must be considered and approved by both Houses of Congress before it can become a law. However, there are ways to bypass certain procedures, such as bypassing the rules committee or overriding a presidential veto.

How a bill becomes a law

Congress is the lawmaking branch of the federal government. A bill is a proposal 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. Bills can also be petitioned by people or citizen 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 rules committee can be bypassed in three ways: 1) members can move rules to be suspended (requires a 2/3 vote) 2) a discharge petition can be filed 3) the House can use a Calendar Wednesday procedure.

Once both the House and Senate have approved a bill in identical form, the bill is sent to the President. If the President approves of the legislation, it is signed and becomes law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. If the President opposes the bill, they may veto the bill. In addition, if no action is taken for 10 days and Congress has already adjourned, there is a "pocket veto". If the President vetoes a bill, Congress may attempt to override the veto. If two-thirds of the Representatives and Senators support the bill, the President’s veto is overridden and the bill becomes a law.

The legislative process

The Congressional Research Service (CRS) drafts the bill summaries that appear on Congress's website. Lobbyists and activists also write bill summaries, which can be biased.

The rules committee can be bypassed in three ways:

• Members can move rules to be suspended (requires a 2/3 vote)
• A discharge petition can be filed
• The House can use a Calendar Wednesday procedure

The role of the President

Firstly, the President can delegate law-making authority to the executive branch, which includes various administrative agencies. By writing vague statutory provisions, Congress can leave room for these agencies to interpret and implement the laws, effectively shaping the final outcome. This delegation of power can lead to legislative ambiguity and complexity, as agencies may have differing interpretations and priorities.

Secondly, the President can influence the legislative process through the use of veto power. While this does not directly bypass Congress, it allows the President to reject a bill passed by Congress, forcing them to reconsider or override the veto with a supermajority vote. This provides the President with a significant check on Congress's power to pass laws.

Additionally, the President can propose legislation and work with Congress to shape the content of bills. While the President cannot unilaterally write laws, they can initiate the legislative process by submitting proposals to Congress for consideration. This allows the President to set the agenda and influence the direction of policy-making.

Moreover, the President can utilise their bully pulpit to advocate for specific policies and shape public opinion. Through public addresses, media appearances, and social media, the President can exert pressure on Congress to act on certain issues or support particular legislation. This indirect influence can be a powerful tool in shaping the law-making process.

In conclusion, while the President does not have the authority to bypass Congress in writing laws, they possess a range of tools and powers that enable them to influence the legislative process. By delegating authority, using veto power, proposing legislation, and shaping public opinion, the President can play a significant role in shaping the laws that govern the nation.

The role of the Senate

The Senate can be bypassed in three ways:

• Members can move rules to be suspended (requires a 2/3 vote)
• A discharge petition can be filed
• The House can use a Calendar Wednesday procedure

Additionally, when the Senate wants to delegate its law-making power to the executive branch, it can write vague provisions that leave room for agencies to manoeuvre.

The role of the House of Representatives

The House of Representatives is a key part of the legislative process. It is responsible for drafting legislation, which can be a complex and lengthy process. Bills are often too long for representatives to read in full and are packed with alterations to the US Code, making it difficult to identify significant changes. The House can also delegate its lawmaking power to the executive branch by writing vague provisions that give agencies room to manoeuvre.

The House plays a crucial role in shaping the final version of a bill. Lobbyists and activists write bill summaries to influence the House, and the Congressional Research Service (CRS) also drafts summaries that appear on Congress's website.

The House can be bypassed in certain ways when it comes to passing a bill. Members can move to suspend the rules (requiring a 2/3 vote), a discharge petition can be filed, or the House can use a Calendar Wednesday procedure.

Frequently asked questions