Congressional Power: Revising Laws

Congress is the law-making branch of the federal government in the United States. 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 by people or citizen groups who petition their representative. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill then goes through a process of research, discussion, changes, and voting in both the Senate and the House of Representatives. If a bill passes both houses of Congress, it is sent to the President for approval. The President can approve the bill, veto it, or issue a pocket veto. Congress can override a veto, but not a pocket veto. Congress can also revise a bill after it has been passed if it has not yet been approved by the President.

Bills and proposals

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make 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 a similar process in the other body, including research, discussion, changes, and voting. After passing both bodies, the two versions of the bill must be reconciled. Once both bodies of Congress vote to accept the final version of the bill, it is sent to the President for consideration.

The President can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the President vetoes a bill, Congress can usually 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 pocket vetoed by default, and this type of veto cannot be overridden.

If an error is discovered in a bill after it has completed the legislative steps but before it has been approved by the President, it may be corrected by a concurrent resolution. If the bill has already been presented to the President but not yet acted upon, a concurrent resolution can request that it be returned to the Senate or House for correction. However, if the President has already approved the bill, and it has become a law, any amendment to it would require the passage of another bill, which would have to go through the same legislative process as the original.

The legislative process

The idea for a bill can come from a sitting member of the Senate or House of Representatives, be proposed during an election campaign, or be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. A bill is a proposal for a new law or a change to an existing law. Once a bill is introduced, it is assigned to a committee that will research, discuss, and make changes to it. Committees are panels of members from both parties, allowing for a diversity of viewpoints and expertise in developing and assessing legislation.

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 through a similar process in the other body, including research, discussion, changes, and voting. Once both bodies accept a bill, they must reconcile any differences between the two versions. This may involve further debate and amendment before a final vote is taken.

If the bill passes both houses in identical form, it is presented to the President for approval. The President can approve the bill and sign it into law, or veto it. If the President vetoes the bill, Congress can, in most cases, vote to override the veto, and the bill becomes law. However, if the President does not sign off on the bill and Congress is no longer in session, the bill is vetoed by default, known as a "pocket veto," which cannot be overridden.

Presidential approval

Congress is the law-making branch of the federal government. 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. Then both chambers vote on the same version of the bill. If it passes, they present it to the president for approval.

The president can approve the bill and sign it into law. The president is not required to write the word "approved" nor the date of approval on the bill. If the president approves the bill, it becomes a law. The president can also refuse to approve a bill, which 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.

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. This action is called a "pocket veto" and it cannot be overridden by Congress. The president is not required to sign a bill on a day when Congress is in session. However, if the president does not sign a bill within ten days of presentment while Congress is in session, the bill automatically becomes law. If Congress adjourns while the bill is awaiting signature and the president does not sign the bill within ten days of presentment, the bill does not become law.

A bill cannot be transmitted to the House of Representatives while a motion to reconsider remains unacted upon. If an error is discovered in a bill after the legislative steps in its passage have been completed, it may be corrected by authority of a concurrent resolution, provided the bill has not yet been approved by the president. If the bill has been presented to the president but not acted upon, he may be requested by a concurrent resolution to return it to the Senate or the House for correction. If the president has approved the bill, and it has thereby become a law, any amendment thereof can only be made by the passage of another bill, which must take the same course as the original.

The role of Congress in presidential elections

Congress plays a role in presidential elections, as outlined in the Constitution. Both Houses of Congress meet in a joint session on the sixth day of January following a presidential election, unless a different day is appointed, to count the electoral votes. The Vice President, acting as President of the Senate, is the presiding officer, and their powers are limited by Federal statute to performing ministerial duties. The President of the Senate opens the votes of the States in alphabetical order and hands them to the appointed Tellers, who announce the results out loud. If there are any objections, the House and Senate withdraw to their respective chambers to consider the merits of the objections.

In the months leading up to Election Day, the Archivist sends a letter to the Executive of each State, referencing their responsibilities regarding the Electoral College and directing them to relevant websites. The Office of Federal Register (OFR) interacts with each State to identify those responsible for the Electoral College process within that State. After Congress has met in a joint session for the official counting of electoral votes, all Certificates of Ascertainment and Certificates of Vote are made available for public inspection at OFR for one year and then are transferred to the National Archives and Records Administration (NARA) for permanent retention.

Congress has the power to change the process for adjudicating objections to states' electoral votes. For example, in 1865, the House and Senate approved Joint Rule 22, which codified the prior practice of the two chambers meeting separately to consider objections to a state's electoral votes. Under Joint Rule 22, both chambers must agree to a lawmaker's objection to exclude the disputed votes from the overall count. Congress can also establish committees comprising senators, representatives, and members of the federal judiciary to adjudicate disputes over electoral votes.

Congress is the law-making 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 Congress or be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes 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 a similar process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions. If the bill is approved by the President or Congress overrides a veto, it becomes a law.

Treaties

The Constitution's framers gave the Senate a role in treaty-making to provide a check on presidential power and to ensure that each state had an equal vote in the process. The president makes treaties with the advice and consent of the Senate, and a two-thirds majority of senators must concur. This means that treaties must overcome political and partisan divisions to gain approval.

The Supreme Court has ruled that the power to make treaties is separate from the federal government's other powers, so treaties can legislate in areas that would otherwise be exclusively within the purview of the states or outside the scope of the federal government. However, this interpretation was narrowed by the Reid v. Covert case in 1957, which held that a treaty could not abrogate the Bill of Rights. The Court has also held that a treaty that conflicts with the Constitution is void, just like any other federal law.

Congress can modify or repeal treaties, even if this violates the treaty under international law. However, the judiciary will not get involved in any international controversies arising from such actions, as it is considered a political question. The Supreme Court has not ruled definitively on whether the president can unilaterally withdraw from a treaty, and this remains a subject of debate.

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