Keith Mack
The process of lawmaking varies across different governments and their legislative bodies. In the United States, 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, be proposed during an election campaign, or be petitioned by citizens. Once a bill is introduced, it is assigned to a committee and 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. If the bill is vetoed by the President, Congress can vote to override the veto in most cases.
| Characteristics | Values |
|---|---|
| Who can propose a bill? | A sitting member of the U.S. Senate or House of Representatives, during their election campaign, or by people or citizen groups who recommend a new or amended law to a member of Congress that represents them |
| What is a bill? | A proposal for a new law or a change to an existing law |
| What happens once a bill is introduced? | It is assigned to a committee whose members will research, discuss, and make changes to the bill |
| What happens after the committee stage? | The bill is put before that chamber to be voted on |
| 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 once both bodies vote to accept a bill? | They must work out any differences between the two versions |
| What happens if the president chooses to veto a bill? | Congress can vote to override that veto and the bill becomes a law |
| What is a pocket veto? | 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, and this cannot be overridden by Congress |
| Procedural differences between the Senate and the House | Only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties; the House processes legislation through a majority vote, while the Senate does so through deliberation and debate prior to voting |
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What You'll Learn
- Bills are proposals for new laws or changes to existing laws
- Bills can be petitioned by citizens who recommend changes to existing laws
- Congress can override presidential vetoes, but not pocket vetoes
- The House processes legislation through majority vote
- The Senate drafts legislation through deliberation and debate
Bills are proposals for new laws or changes to existing laws
In the United States, the legislative process is a cornerstone of the democratic way of life, with an emphasis on the protection of the minority and allowing all sides to be heard and make their views known. The federal government's law-making branch is Congress, which consists of the House of Representatives and the Senate.
The president can approve the bill and sign it into law or refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can usually vote to override that 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 Congress cannot override this.
The legislative process is initiated by diverse sources, including members of Congress, citizen groups, state legislatures, and the President. The President may propose bills through "executive communications," which are transmitted to the Speaker of the House of Representatives and the President of the Senate.
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Bills can be petitioned by citizens who recommend changes to existing laws
In the United States, the law-making branch of the federal government is Congress, which consists of the Senate and the House of Representatives. The process of making a law begins with a bill, which is a proposal for a new law or a change to an existing law. While 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 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 to the other body to go through a similar process of research, discussion, changes, and voting. If the bill passes both bodies, 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 can choose to veto a bill, in which case, in most cases, Congress can 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, which is called a pocket veto, and cannot be overridden by Congress.
It is important to note that the legislative process involves various steps and considerations, including public announcements, personal notices, hearings, debates, and amendments. The specific procedures and practices may vary between the Senate and the House, with the House initiating tax and revenue-related legislation and the Senate handling presidential nominations and treaties.
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Congress can override presidential vetoes, but not pocket vetoes
In the US, 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 the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or citizen groups. 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 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.
Article I, section 7 of the Constitution grants the President the authority to veto legislation passed by Congress. This authority is one of the most significant tools the President can employ to prevent the passage of legislation. Even the threat of a veto can bring about changes in the content of legislation long before the bill is ever presented to the President. The Constitution provides the President with 10 days (excluding Sundays) to act on legislation, or it automatically becomes law. There are two types of vetoes: the “regular veto” and the “pocket veto.”
The regular veto is a qualified negative veto. The President returns the unsigned legislation to the originating house of Congress within a 10-day period, usually with a memorandum of disapproval or a “veto message.” Congress can override the President’s decision if it musters the necessary two-thirds vote of each house.
The pocket veto, on the other hand, is an absolute veto that cannot be overridden by Congress. This action occurs when the President fails to sign a bill after Congress has adjourned and is unable to override the veto. In this case, the bill will be vetoed by default, and there is no opportunity for Congress to vote to override it.
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The House processes legislation through majority vote
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 the U.S. 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 House of Representatives divides its work among over twenty permanent committees. After a bill is introduced and referred to the committee of jurisdiction, the committee will often send the measure to its specialized subcommittee(s) for study, hearings, revisions, and approval.
The House processes legislation through a majority vote. A bill is first sponsored by a Representative and then assigned to a committee for study. If released by the committee, the bill is put on a calendar to be voted on, debated, or amended. If the bill passes by a simple majority (218 out of 435), it moves to the Senate. In the Senate, the bill is assigned to another committee, and if released, it is debated and voted on. If the Senate makes changes, the bill must return to the House for concurrence. The resulting bill returns to the House and Senate for final approval.
The House may also create select committees or task forces to study specific issues and report on them. A task force may be established formally through a resolution passed by the House or informally through the organization of interested members by the House leadership. The House provides that a committee may maintain no more than five committees but may have an oversight committee as a sixth. The standing rules allow a greater number of subcommittees for the Committees on Appropriations and Oversight and Government Reform.
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The Senate drafts legislation through deliberation and debate
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 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.
However, Senate Rule XXII, often called the cloture rule, does allow a supermajority to limit debate on a bill, amendment, or motion. Supporters of a bill under floor consideration can file a cloture motion, signed by at least 16 Senators. Two days of session later, Senators vote on the cloture motion. If three-fifths (usually 60 Senators) agree, then further consideration of the bill is limited to 30 hours, during which only amendments from a pre-specified list of germane ones can be offered. After this final period of consideration, the Senate will take a final vote on the bill. This final vote requires only a simple majority for approval.
The Senate's rules give greater weight to the value of full and free deliberation than they give to the value of expeditious decisions. The legislative process on the Senate floor reflects a balance between the rights guaranteed to Senators under the standing rules and the willingness of Senators to forego exercising some of these rights in order to expedite the conduct of business.
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Frequently asked questions
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 the U.S. Senate or House of Representatives or be proposed during their election campaign. 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.
Yes, if the President chooses to veto a bill, in most cases, Congress can vote to override that veto and the bill becomes a law.
No, 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 cannot be overridden by Congress.
While both are equal in how they function, there are some procedural differences. Only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate before voting.
