
The legislative process in the United States is a safeguard of the American democratic way of life, with its emphasis on protecting the minority and allowing all sides to be heard. Both Houses of Congress must consider and approve a proposal for it to become a law. While the majority of laws originate in the House of Representatives, ideas for bills can come from sitting members of either the Senate or the House of Representatives, or be proposed during their election campaigns. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee and then 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 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 for approval.
Characteristics | Values |
---|---|
Can Congress pass laws without Senate approval? | No, a proposal cannot become a law without consideration and approval by both Houses of Congress. |
What happens if a 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 when 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. |
What happens when the bill is presented to the president? | The president can approve the bill and sign it into law, or refuse to approve it. |
What happens if the president refuses to approve the bill? | This is called a veto. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law. |
What happens if the president does not sign off on a bill and Congress is no longer in session? | The bill will be vetoed by default. This action is called a pocket veto, and it cannot be overridden by Congress. |
What is the difference between the Senate and the House in terms of procedural powers? | While both are equal in how they function, only the House can initiate tax and revenue-related legislation. And only the Senate can draft legislation related to presidential nominations and treaties. |
What You'll Learn
A bill must be approved by both Houses of Congress to become law
The legislative process in the United States is a safeguard of the country's democratic way of life. It emphasises the protection of the minority, allowing all sides to be heard and considered. For a bill to become law, it must be considered and approved by both Houses of Congress. This bicameral system ensures that a proposal cannot become law without the approval of both the Senate and the House of Representatives.
A bill can be introduced by a sitting member of either the Senate or the House of Representatives, or it can be proposed during an election campaign. It can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. 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 the bill passes one body of Congress, it goes through the same process in the other body. This includes research, discussion, changes, and voting. If it passes both bodies, they must work out any discrepancies between the two versions. Both chambers then vote on the same version of the bill. If it passes this stage, it is presented to the President for consideration.
The President can approve the bill and sign it into law. However, they also have the power to refuse to approve it, which is called a veto. If the President vetoes a bill, Congress can, in most cases, vote to override the veto, and the bill becomes law. Nevertheless, if the President does not sign off on a bill and Congress is no longer in session, the bill will be pocket-vetoed and cannot be overridden by Congress.
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The President's signature is required unless Congress adjourns with objections
The legislative process in the United States is designed to protect the minority and allow all sides to be heard and make their views known. Both Houses of Congress must consider and approve a proposal for it to become a law. Once both chambers of Congress have agreed on a bill, it is prepared in its final official form and presented to the President to be signed into law.
The President has a duty to uphold the Constitution and can veto a bill if they feel it is unconstitutional or ill-advised. The President has ten days, excluding Sundays, to sign or veto the bill. If the bill is signed within that timeframe, it becomes law. If the President does not act on the bill within those ten days, it becomes law without their signature, except when Congress has adjourned under certain circumstances. This exception is known as a 'pocket veto'.
The President's signature is required for a bill to become law unless Congress adjourns with objections. In other words, if Congress prevents the return of a bill with objections by the time of their final adjournment, the bill cannot become law without the President's signature. This power of adjournment has never been exercised by a President.
It is important to note that joint resolutions and concurrent resolutions are not the same as bills. Joint resolutions may originate in either the House of Representatives or the Senate and can be used to amend statutes that were initiated as bills. Concurrent resolutions are used to express the facts, principles, opinions, and purposes of both Houses and are not presented to the President for approval.
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Joint resolutions can originate in either House
There is little practical difference between a bill and a joint resolution, and the two forms are sometimes used interchangeably. One difference in form is that a joint resolution may include a preamble preceding the resolving clause. Both are subject to the same procedure, except for a joint resolution proposing an amendment to the Constitution. When a joint resolution amending the Constitution is approved by two-thirds of both Houses, it is not presented to the President for approval. Instead, it becomes law in the same manner as bills.
Matters affecting the operations of both Houses are usually initiated by a concurrent resolution. In modern practice, as determined by the Supreme Court in INS v. Chadha, 462 U.S. 919 (1983), concurrent and simple resolutions are not legislative in character and are not presented to the President for approval. They are used to express the facts, principles, opinions, and purposes of the two Houses.
It is important to note that, while joint resolutions can originate in either House, the majority of laws originate in the House of Representatives. Additionally, each House has certain exclusive powers. 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.
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Concurrent resolutions are not presented to the President for approval
Concurrent resolutions are designated H.Con.Res. or S.Con.Res. and are followed by a number. They are a type of resolution (a legislative measure) that must be passed in the same form by both houses of a bicameral legislature, namely the House of Representatives and the Senate. However, they are distinct from bills in that they are non-binding, lack the force of law, and do not require the approval of the President.
Concurrent resolutions are used to address the sentiments of both chambers or to deal with issues or matters affecting both houses. For example, they can be used to provide for a recess or adjournment of more than three days during the session of Congress, to permit the use of the Capitol rotunda, to provide for a joint session of Congress, or to correct the enrollment of a bill that has already passed both houses.
In some cases, concurrent resolutions can also be used to express censure of a President by both houses of Congress, though this has never happened. While a joint resolution would require the President's signature or veto and have the power of law, a concurrent resolution does not.
The distinction between concurrent and joint resolutions was established by the Supreme Court in INS v. Chadha, 462 U.S. 919 (1983). This decision affirmed that concurrent resolutions are not legislative in character and are used to express the facts, principles, opinions, and purposes of the two Houses without requiring the President's approval.
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The Senate chooses the Vice President
In the United States, a proposal cannot become a law without consideration and approval by both Houses of Congress. This bicameral legislative system ensures that all sides are heard and that there is ample opportunity for discussion and amendment before a bill becomes a law. While joint resolutions may originate in either the House of Representatives or the Senate, they are subject to the same procedure as bills, except when proposing an amendment to the Constitution.
The US Senate has the responsibility of choosing the Vice President in the case of a tie or if no candidate gets a majority. This is outlined in the Twelfth Amendment, which requires the Senate to handle the responsibility for deadlocked vice-presidential contests. The Senate must choose between the two top electoral vote recipients, with at least two-thirds of the Senate's members voting.
The Senate has only exercised this power once, in the election of 1836, when Kentucky's former Democratic senator Richard M. Johnson fell one electoral vote short of a majority among four vice-presidential candidates. Johnson was a controversial figure who openly acknowledged his slave mistress and their daughters. Despite this, he was elected Vice President by the Senate on February 8, 1837, by a vote of 33 to 16.
The role of the Vice President has evolved over time, shifting from a predominantly legislative position to an executive branch post. While early vice presidents like John Adams and Thomas Jefferson played active roles in Senate activities, others like Henry Wilson were less engaged, pursuing their interests and projects during their tenure. Beginning with Lyndon B. Johnson, each vice president has had an office in the White House and has played a significant policy-making role, advising the president and participating actively in their administrations.
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Frequently asked questions
No, a proposal cannot become a law without consideration and approval by both Houses of Congress.
The bill is presented to the President for approval.
No, if Congress adjourns before the President can return the bill with objections, it is called a "pocket veto" and the bill does not become a law.
Yes, in most cases, Congress can vote to override a veto, and the bill becomes a law.
There is little practical difference between a bill and a joint resolution, and the two terms are sometimes used interchangeably. One difference is that a joint resolution may include a preamble preceding the resolving clause.