Kara Sears
The process of lawmaking varies across different governments and their branches. 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 or be proposed by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. The legislative process is a matter about which every person should be well informed to understand and appreciate the work of Congress. Courts play an integral role in maintaining the rule of law and interpreting the Constitution's meaning, as well as the meaning of any laws passed by Congress.
| Characteristics | Values |
|---|---|
| Who makes the laws? | Congress, which consists of the House of Representatives and the Senate |
| Who can propose a law? | A sitting member of Congress, the President, or citizen groups |
| What is a proposed law called? | A bill |
| What happens to a bill after it is proposed? | It is assigned to a committee, which researches, discusses, and makes changes to it |
| What happens after the committee stage? | It is voted on by both houses of Congress |
| What happens if both houses of Congress vote in favor of the bill? | It is sent to the President of the United States |
| What can the President do? | Sign the bill into law, or veto it |
| What happens if the President vetoes the bill? | Congress can override the veto with a two-thirds vote in both houses |
| What is the process called? | Lawmaking or the legislative process |
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What You'll Learn
The legislative process
The idea for a bill can come from a sitting member of the US Senate or House of Representatives, be proposed during an election campaign, or be petitioned by citizen groups. A bill is a proposal for a new law or a change to an existing one. Once a bill is introduced, it is assigned a legislative number and referred to a committee for review, study, hearings, revisions, and approval. The House of Representatives divides its work among over twenty permanent committees, which are panels of members from both parties, with each committee chaired by a member of the majority party. Committees will often send a bill to a specialised subcommittee, with the first step usually being a public hearing where witnesses representing various viewpoints testify. Witnesses may include cabinet officers, high-ranking government officials, and interested private individuals.
After the committee stage, the bill is put on a calendar to be voted on, debated, or amended. If the bill passes by a simple majority, it moves to the Senate, where it is assigned to another committee and, if released, debated and voted on. If the bill passes in the Senate, but changes have been made, it must return to the House for concurrence. If the bill passes both bodies of Congress, they must work out any differences between the two versions. Finally, the resulting bill returns to the House and Senate for final approval before being enacted as law.
The President also has influence in the legislative process. They recommend an annual budget for federal agencies and often suggest legislation. The President has the power to veto legislation, which can affect the content of bills passed by Congress, as it is unusual for a law to be enacted over a presidential veto. The process by which a bill becomes law can be unpredictable and vary significantly from bill to bill.
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Congress and its role
Congress is the law-making branch of the federal government in the United States. It is considered the "heart and soul of American democracy" and a driving force in American government. Congress plays a role in presidential elections and has the power to override a presidential veto on a bill, allowing it to become a law.
Congress consists of the House of Representatives and the Senate. Each US state is represented in the House based on its population and has at least one representative. Members of the House of Representatives must be at least 25 years old, US citizens for seven years or more, and residents of the state that they represent. They serve two-year terms. The House processes legislation through a majority vote. The US territories and the District of Columbia are represented in the House by delegates who cannot vote on the final passage of legislation.
The Senate, on the other hand, has 100 members, with each state represented by two senators. Senators must be at least 30 years old, US citizens for nine years or more, and residents of the state that they represent. They are elected for six-year terms, with a third of the Senate up for re-election every two years. The Senate confirms Cabinet officials, federal judges, and other high officers with the "advice and consent" of the Senate. Treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. The Senate drafts legislation related to presidential nominations and treaties and processes legislation through deliberation and debate prior to voting.
Congressional committees play an important role in the legislative process. Bills, or proposals for new laws or changes to existing laws, are referred to appropriate committees by the Speaker. Committees may hold hearings and subpoena people to testify during investigations. Witnesses who refuse to testify may be cited for contempt of Congress, while those who testify falsely may be charged with perjury. Committee hearings are mostly open to the public, with transcripts published a few months later.
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The role of the Senate
In the United States, Congress is the federal government's law-making branch. The legislative process is a critical aspect of the American democratic way of life, emphasising minority protection and allowing all sides to be heard and express their views. The US Senate, the upper chamber of Congress, plays a crucial role in this process.
The Senate is governed by the Constitution, a set of standing rules, legislative precedents, and special procedures adopted for specific types of legislation. Senators propose legislation, draft and amend bills, and vote on them. The Senate also has the power to delay or block legislation through a filibuster, a tactic that has been used since the 1850s. In 1917, the Senate adopted Rule 22, allowing it to end debates with a two-thirds majority vote, known as "cloture". This threshold was later reduced to three-fifths.
The Senate has exclusive authority over certain matters. For instance, it is the only chamber that can draft legislation related to presidential nominations and treaties. The Senate conducts impeachment trials, serving as both jury and judge. It also reviews and approves or rejects presidential appointments to executive and judicial branch positions.
Additionally, the Senate has oversight of the federal budget. It must approve treaties negotiated by the Executive Branch by a two-thirds vote. While the House of Representatives can impeach a government official, the Senate can convict them with a two-thirds vote. The Senate's committees play a crucial role in the legislative process, researching, discussing, and making changes to bills before they are put to a vote.
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The role of the House of Representatives
In the United States, the House of Representatives is one of two chambers of Congress, the other being the Senate. The House is the lower house, with the Senate being the upper house. The House of Representatives is responsible for making and passing federal laws, alongside the Senate. The House has exclusive powers, including initiating all revenue bills, impeaching federal officers, and electing the president if no candidate receives a majority of votes in the Electoral College.
The number of voting representatives in the House is fixed by law at no more than 435, proportionally representing the population of the 50 states. Each representative is elected to a two-year term, serving the people of a specific congressional district. Representatives introduce bills and resolutions, offer amendments, and serve on committees. The House leadership includes the speaker, majority and minority leaders, assistant leaders, whips, and a party caucus or conference. The speaker acts as the leader of the House and combines several institutional and administrative roles.
The process of lawmaking in the House involves the introduction of a bill, which can be proposed by a sitting member of the House or by citizen groups who petition for a new or amended law. The bill is then assigned to a committee, which researches, discusses, and makes changes to it. The bill is then put before the chamber for a vote. If the bill passes, it goes to the Senate for a similar process. Once both chambers approve the bill, they work out any differences between their versions. The bill is then sent to the president for signature or veto.
The House of Representatives plays a crucial role in the lawmaking process of the United States government, working in conjunction with the Senate to create and pass federal legislation. The House's exclusive powers and representation based on population give it a unique role within the legislative branch.
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The President's veto power
In the United States, the federal government's law-making branch is Congress. 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, voted on, and then goes through a similar process in the other body of Congress.
The Constitution also specifies that if the President does not veto or sign a bill within 10 days (excluding Sundays), it becomes a law. This prevents the President from killing legislation through inaction. However, if Congress has adjourned before the 10 days are up, the President can perform a "pocket veto", where the bill does not become law.
The presidential veto power was first conferred by the 1789 Constitution and first exercised on April 5, 1792, by President George Washington. During the Constitutional Convention, the veto was referred to as a "revisionary power" and was constructed with limits, such as the ability for Congress to override it. The framers rejected proposals for an absolute veto.
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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. 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.
Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to the bill. The bill is 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.
In most cases, 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 it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, which is called a "pocket veto".
The US Constitution is the nation's fundamental law, codifying the core values of the people. Courts have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress. If a law passed by Congress conflicts with the Constitution, the Constitution and the intention of the people take precedence.
