How Congress Can Pass Laws Without Senate Or President?

The United States Congress, comprising the House of Representatives and the Senate, is responsible for making laws. While the idea for a bill can come from a sitting member of the Senate or House of Representatives, it must pass both houses before it goes to the President for consideration. The President may then choose to veto or sign the bill into law. However, if Congress is no longer in session and the President does not sign off on a bill, it will be vetoed by default, known as a pocket veto. This raises the question: can Congress pass laws without the Senate and the President?

The US Congress is made up of the House of Representatives and the Senate

The US Congress is the legislative branch of the federal government of the United States. It is made up of two chambers: the House of Representatives and the Senate. The House of Representatives is often referred to as the lower body, while the Senate is the upper body. Together, they form the United States Congress.

The House of Representatives has 435 elected members, with each state receiving representation proportional to its total population. There are also six non-voting members, representing the District of Columbia, Puerto Rico, and four other US territories. Members of the House of Representatives are referred to as representatives, congressmen, or congresswomen. The House is led by the Speaker of the House, who is elected by the Representatives. The House is the only chamber that can initiate tax and revenue-related legislation.

The Senate, on the other hand, has 100 members, with each state represented by two senators. Senators are elected for six-year terms, and every two years, a third of the Senate is up for re-election. To be eligible to serve in the Senate, a person must be at least 30 years old, a US citizen for at least nine years, and a resident of the state they represent. The Senate has the sole power to ratify treaties and confirm presidential appointments. The Vice President of the United States serves as the President of the Senate and can cast a tie-breaking vote.

Both chambers of Congress have extensive investigative powers and play a crucial role in the legislative process. A bill can be introduced in either chamber and must go through a similar process of research, discussion, changes, and voting in each. If a bill passes both chambers, it is then presented to the President for their signature. If the President vetoes the bill, Congress may override the veto by passing the bill again in each chamber with a two-thirds majority vote. This process demonstrates the checks and balances in place within the US legislative system, ensuring that laws are carefully considered and enacted with the agreement of both Congress and the President.

The President can veto bills, but Congress can override this

The US Constitution grants the President the power to veto legislation, allowing them to block a bill from becoming a law. However, Congress can override this veto and enact the bill into law if there is a two-thirds majority vote in both the House of Representatives and the Senate. This process is a crucial check and balance in the American legislative system, ensuring that neither the executive nor the legislative branch holds absolute power over law-making.

The veto power, outlined in Article 1, Section 7 of the Constitution, allows the President to exert influence over the legislative process. When Congress passes a bill, the President has the option to approve it by signing it into law or to veto it, sending it back to Congress with their objections. If the President takes no action within ten days (excluding Sundays) while Congress is in session, the bill automatically becomes law, preventing the President from blocking legislation through inaction.

However, if Congress adjourns before the ten-day period elapses, the President can exercise a "pocket veto." In this scenario, the President does not return the bill to Congress but simply allows the adjournment to prevent the bill from becoming law. This type of veto cannot be overridden by Congress, and the legislation must be reintroduced and passed again if it is to become law.

While the President's veto power is a significant tool, it is not an absolute barrier to Congress passing laws. The ability of Congress to override a veto ensures that the legislative branch can enact its agenda, even in the face of presidential opposition. This dynamic tension between the executive and legislative branches is a defining feature of the US system of government, creating a delicate balance of powers that must be navigated for laws to be made.

Bills can be initiated by citizens or citizen groups

In the United States, the chief function of Congress is to make laws. 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 it can be proposed during their election campaign. Importantly, bills can also be initiated by citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them. This right to petition is guaranteed by the First Amendment to the Constitution.

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 through the same process in the other body. This could be the Senate or the House of Representatives, depending on where the bill was introduced. The Senate and the House have some procedural differences. For example, only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to presidential nominations and treaties.

If the bill passes both bodies of Congress, 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. At this point, the measure ceases technically to be called a bill and is termed "An Act," signifying that it is the act of one body of Congress, although it is still commonly referred to as a bill. The engrossed bill is printed on blue paper and signed by the Clerk of the House.

The president can choose to veto a bill, in which case Congress can vote to override the 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 in what is called a "pocket veto," which cannot be overridden by Congress. On the other hand, if the president fails to return the bill with objections to the House within 10 days while Congress is in session, or if Congress overrides a presidential veto by a two-thirds vote in each House, the bill becomes law without the President's signature.

The President's signature is required for a bill to become law

The process of a bill becoming a law is a lengthy one. A bill is a proposal for a new law or a change to an existing law. It can be introduced by a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through the same process in the other body. Once both bodies have voted 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 has several options when receiving a bill from Congress. If the President agrees with the bill, they may sign it into law, and the bill is then printed in the Statutes at Large. However, if the President disagrees with the bill, they may choose to veto it. In most cases, Congress can override a presidential veto with a two-thirds vote in both the Senate and the House of Representatives, and the bill will become a law.

It is important to note that a bill must pass both houses of Congress before it goes to the President for consideration. This ensures that both bodies of Congress have agreed to the bill before presenting it to the President for their signature or veto.

The Senate advises and consents to treaties and presidential nominations

The US Constitution grants the Senate the power to advise and consent on treaties and presidential nominations. This authority allows the Senate to play a critical role in shaping both foreign and domestic policy.

The President negotiates treaties with foreign countries, but these treaties require the approval of the Senate. Specifically, a two-thirds majority of the Senate must vote in favor for the treaty to be ratified. For instance, the Senate rejected the Treaty of Versailles in 1919, demonstrating its check on presidential power. The Senate also advises and consents to the President's nominations of federal judges, diplomats, and Cabinet members. The Senate must approve these nominations by a simple majority vote.

The Senate's role in the treaty-making process is outlined in Article II, Section 2 of the Constitution, which states that the President shall have the power, "by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur." This clause reflects a shared power between the President and the Senate, with the Senate's authority generally confined to approval or disapproval, including the ability to attach conditions or reservations to the treaty.

Additionally, the Senate's role in the nomination process is also significant. When a new Supreme Court Justice is nominated, the Senate conducts hearings to confirm or deny the appointment. This process is outlined in the Appointments Clause of the Constitution, which grants the Senate the power to advise and consent to nominations while preserving the President's power to dismiss subordinate officers.

Frequently asked questions