The Supreme Court: Can Congress Pass Permanent Law?

The lawmaking branch of the US federal government is Congress, which is made up of the House of Representatives and the Senate. The process of lawmaking involves a bill being introduced, which is a proposal for a new law or a change to an existing law. This bill is then assigned to a committee, which will research, discuss, and make changes to the bill. The bill is then put to a vote, and if it passes, it goes to the other body to repeat the process of research, discussion, changes, and voting. If a bill is passed by both bodies, they must work together to agree on a final version. If the bill is vetoed by the President, Congress can vote to override this in most cases. The US Constitution does include some unamendable subjects, such as the limitations on Congress's power to restrict or tax the slave trade, and no state can be deprived of its equal suffrage in the Senate without its consent.

The process of how a bill becomes a law

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee hearings are open to the public unless the committee determines that disclosing certain information would endanger national security, compromise sensitive information, or violate a law or rule of the House. After the committee stage, the bill is put before the 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 have voted to accept a bill, they must work out any differences between the two versions and then both chambers vote on the same version. If it passes this stage, they present it to the president.

The president then has the power to approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can, in most cases, vote to override that veto, and the bill becomes a law. However, 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, known as a "pocket veto", which cannot be overridden by Congress.

In modern times, executive communication has become a prolific source of legislative proposals. This usually takes the form of a message or letter from a member of the President's Cabinet, an independent agency head, or the President, transmitting a draft of a proposed bill to the Speaker of the House of Representatives and the President of the Senate.

The two types of bills

The US Constitution outlines the process by which laws are made and amended. The idea for a bill can come from a sitting member of the US Senate or House of Representatives, be proposed during their election campaign, or 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. 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.

There are two types of bills: public and private. While the enacting clause is identical in all bills, they may originate in either the House of Representatives or the Senate. However, it is important to note that Article I, Section 7 of the Constitution stipulates that all bills for raising revenue shall originate in the House of Representatives, and the Senate may propose amendments. Similarly, general appropriation bills also originate in the House of Representatives.

The US Constitution has also outlined certain subjects that are unamendable. For instance, no amendment made before 1808 could affect the first and fourth clauses in the Ninth Section of the First Article. This prohibited amendments related to Congress's power to restrict or tax the slave trade and enact an unapportioned direct tax.

Limitations on Congress's power

The US Constitution has imposed several limitations on Congress's power. Firstly, the Constitution outlines that the House of Representatives is composed of a limited number of members, currently 435, who are elected every two years from the 50 states. This number was established by federal law following the 1910 Decennial Census and is in accordance with Article I, Section 2 of the Constitution. The Constitution further limits the number of representatives to not more than one for every 30,000 people.

Secondly, the Constitution specifies that all bills for raising revenue must originate in the House of Representatives, while the Senate may propose or concur with amendments. General appropriation bills also typically originate in the House of Representatives. However, only the Senate can draft legislation related to presidential nominations and treaties.

Thirdly, the Constitution imposes limitations on Congress's power to amend certain subjects. Specifically, it prohibits amendments made prior to 1808 that would have affected the limitations on Congress's power to restrict the importation of slaves and to enact an unapportioned direct tax.

Additionally, the legislative process itself serves as a limitation on Congress's power. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes. The bill then proceeds to a chamber for voting. If it passes one body of Congress, it undergoes a similar process in the other body, where further changes can be made. This back-and-forth process inherently limits the power of Congress by requiring the consideration and agreement of multiple parties.

Furthermore, the President has the power to veto a bill, which can only be overridden by Congress under specific circumstances. If the President does not sign off on a bill and Congress is no longer in session, the bill is vetoed by default, known as a "pocket veto," which cannot be overridden by Congress. This process provides a check on Congress's power, as it requires the agreement of the President for a bill to become a law.

The role of the President in the bill process

The President plays a crucial role in the bill process, which begins with a bill being introduced in either the House of Representatives or the Senate. The President can propose a bill and send Congress a presidential message urging its enactment into law, but cannot introduce it. Typically, the President sends draft legislation to Congress with a letter or other explanatory materials detailing the reasons for submitting the bill.

Once a bill has been passed by both chambers of Congress, it is presented to the President, who has the power to approve or veto it. If the President approves, they sign it into law. If they refuse to approve the bill, it is vetoed. However, Congress can override a veto with a subsequent vote, and the bill will become a law.

If the President does not sign off on a bill and Congress is no longer in session, the bill is vetoed by default, known as a pocket veto. This cannot be overridden by Congress. The President, as head of the executive branch, is not required to implement any law. They can slow down the implementation process by not promulgating regulations.

Through delegation, the President assigns an agency within the executive branch to be responsible for implementing the law. This agency issues administrative regulations explaining how the law will be put into effect and what citizens must do to comply. The political agenda of the Administration can influence this process, especially when Congress and the executive branch are controlled by different parties.

The number of members in the House of Representatives

The House of Representatives, often referred to as the House, is one of two chambers in the United States Congress, the other being the Senate. The House represents citizens based on district populations, while the Senate represents citizens on an equal state basis. This agreement, known as The Great Compromise, was made to address the states' fear of an imbalance of power in Congress.

The House of Representatives has several distinct powers, including the exclusive power to initiate bills for raising revenue, to impeach officials, and to choose the president if a candidate fails to get a majority of the Electoral College votes. Members of the House, also referred to as congressmen or congresswomen, serve a fixed term of two years, with each seat up for election before the start of the next Congress.

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