Kara Sears
In the United States, the process of passing a bill involves several steps and requires the participation of both the legislative and executive branches of the government. The public plays an indirect role in this process, as their elected representatives in the House and the Senate are responsible for proposing, debating, and voting on legislation. While the President also has some influence over the legislative process, the power to pass laws ultimately rests with the legislative branch, which consists of the House of Representatives and the Senate.
| Characteristics | Values |
|---|---|
| Who can introduce a bill? | A Representative or a Senator |
| Where is a bill introduced? | The House or the Senate |
| Who examines a bill? | Committees in the House and Senate |
| Who votes on a bill? | Members of the House or the Senate |
| What happens if a bill is passed? | It is referred to the other chamber, which may approve, reject, ignore, or change it |
| What happens if the chambers disagree on a bill? | A conference committee may be formed to resolve the differences |
| What happens if a bill is approved by both chambers? | It is sent to the President |
| What happens if the President approves of the bill? | They sign it and it becomes law |
| What happens if the President does not approve of the bill? | They may veto it |
| What happens if the President vetoes a bill? | Congress may attempt to override the veto by passing the bill with a two-thirds majority in both the House and the Senate |
| What is another word for law? | Statute |
| What is a public law? | A law that is published as a slip law (a single sheet or pamphlet containing the text of the law) |
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What You'll Learn
The role of the President
The process of passing a bill in the United States involves several steps and requires the participation of both chambers of Congress, the Senate and the House of Representatives, as well as the President. While the public does not directly pass laws, they are represented in this process through their elected officials in Congress, who propose, debate, and vote on bills. The President also plays a crucial role in this process.
Furthermore, once a bill has been passed by both chambers of Congress in identical form, it is then sent to the President for approval. The President has the option to approve or veto the legislation. If the President approves the bill, they sign it, and it becomes a law. This signature is an essential step in the enactment of a law, giving the President substantial influence over the legislative process.
Additionally, the President holds the power of veto, which can be used to oppose a bill. If the President exercises this right, Congress may attempt to override the veto. However, it is quite unusual for a law to be enacted over a presidential veto. In most cases, Congress must accommodate the President's position and make changes to the bill to address their concerns.
The President's role in the legislative process also extends to the enactment and implementation of laws. Once a bill becomes a law, it receives a number and is published as a slip law through the U.S. Government Publishing Office. These slip laws are then compiled into volumes called the Statutes at Large, presenting a chronological arrangement of the laws. The President, as the head of the executive branch, is responsible for ensuring the proper implementation and enforcement of these laws.
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The House and Senate
In the United States, the process of passing a bill differs between the House and the Senate. While the former's rules and practices allow a numerical majority to process legislation relatively quickly, the latter's rules and procedures favour deliberation and provide significant procedural leverage to individual senators.
A bill can be introduced in the House if sponsored by a Representative, or in the Senate if sponsored by a Senator. Once introduced, it is referred to a committee. Both the House and the Senate have committees composed of groups of Congress members with particular interests in different topics. When a bill is with the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may hold hearings to better understand the bill's implications, allowing the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on record.
Once a bill has been passed by the House or the Senate, it is referred to the other chamber, where it usually follows the same route through committees and finally to the floor. This chamber may approve the bill as received, reject, ignore, or change it. Congress may form a conference committee to resolve or reconcile differences between the House and Senate versions of a bill. If the conference committee is unable to reach an agreement, the bill dies. If an agreement is reached, the committee members prepare a conference report with recommendations for the final bill. Both the House and the Senate must vote to approve the conference report. After both chambers have approved a bill in identical form, the bill is sent to the President.
The President has influence in the legislative process. They recommend an annual budget for federal agencies and often suggest legislation. More significantly, they have the power to veto legislation, which can affect the content of bills passed by Congress. It is unusual for a law to be enacted over a presidential veto, so Congress typically must accommodate the President's position on proposed policies. If the President approves of the legislation, they will sign it, and it will become a law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. If the President vetoes a bill, Congress may attempt to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the President's veto is overruled, and the bill becomes a law.
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Committees
Once a bill has been introduced in the House of Representatives, it is assigned to a committee by the Speaker of the House so that it can be studied. The committee may then take several actions, including releasing the bill with a recommendation to pass it. The committee will hold a "mark-up" session, during which it will make revisions and additions, and if substantial amendments are made, a "clean bill" including these amendments may be introduced. This new bill will be given a new number and sent to the floor, while the old bill is discarded. The committee staff will then prepare a written report explaining their support for the bill and their reasons for any amendments. This report is sent back to the whole chamber and placed on the calendar.
In the case of the House and Senate passing different bills, a Conference Committee is formed, made up of senior members from each house. This committee works to reconcile the differences between the two versions of the bill, and if a compromise is reached, a written report is submitted to each chamber for approval.
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The legislative process
Any Member in the House of Representatives may introduce a bill at any time while the House is in session by simply placing it in the "hopper" at the side of the Clerk's desk in the House Chamber. The sponsor's signature must appear on the bill, which may have an unlimited number of cosponsoring Members. The bill is then assigned its legislative number by the Clerk and referred to the committee of jurisdiction, which is the committee charged with reviewing 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. Usually, the first step in this process is a public hearing where the committee or subcommittee members hear witnesses representing various viewpoints on the measure.
Once the bill is released by the committee, it is put on a calendar to be voted on, debated or amended. If the bill passes by simple majority (218 of 435), the bill moves to the Senate. In the Senate, the bill is assigned to another committee and, if released, 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. When a bill is passed in identical form by both the Senate and the House, it is sent to the President for their signature. If the President signs the bill, it becomes a law.
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Vetoes
The concept of a veto originated with the Roman offices of consul and tribune of the plebs. The word "veto" comes from the Latin for "I forbid". Each year, two consuls were elected, and either consul could block military or civil action by the other. Tribunes had the power to unilaterally block any action by a Roman magistrate or the decrees passed by the Roman Senate.
In the US, Article I, section 7 of the Constitution grants the President the authority to veto legislation passed by Congress. The President has 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, where the President returns the unsigned legislation to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a “veto message”. Congress can override the President’s decision if it musters a two-thirds vote in each house. The first regular veto was issued by President George Washington on April 5, 1792.
The pocket veto is an absolute veto that cannot be overridden. It comes into effect when the President fails to sign a bill after Congress has adjourned, and Congress is unable to override the veto. The authority of the pocket veto is derived from the Constitution’s Article I, section 7, which states that “the Congress by their adjournment prevent its return, in which case, it shall not be law”. The first President to use the pocket veto was James Madison in 1812.
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Frequently asked questions
No, laws cannot be passed by the public. In the US, laws are made by Congress, which is divided into the Senate and the House. Both chambers must agree to a bill separately in identical form before it can be sent to the President to be signed into law.
A bill is introduced in the House or Senate, depending on the sponsor. It is then referred to a committee, which examines it and determines its chances of passage. The bill then goes through several votes in the House and Senate, where it may be approved, rejected, ignored, or changed. If both chambers approve the bill, it is sent to the President, who may sign it into law or veto it.
If the President vetoes a bill, Congress may attempt to override the veto by passing the bill with a two-thirds majority in both the House and the Senate. If this happens, the bill becomes a law despite the President's veto.
The House processes legislation through a majority vote, allowing for quick action. On the other hand, the Senate favors deliberation and debate prior to voting, providing significant procedural leverage to individual Senators.
While the public cannot directly pass laws, they can influence the legislative process by sharing their views with their elected representatives and participating in hearings on proposed bills. Additionally, the President, who is elected by the people, has influence in the legislative process and can recommend legislation and suggest an annual budget for federal agencies.
