Anaya Nolan
The process of law-making varies across different nations and political systems. In the United States, for instance, 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 it can be proposed by citizens or citizen groups through a petition to a member of Congress. Once a bill is introduced, it goes through a process of committee review, research, discussion, and potential changes before being put to a vote in both bodies of Congress. If a bill passes both houses, it is presented to the president. The president can choose to veto the bill, but Congress can override this veto with a two-thirds supermajority vote, at which point the bill becomes a law. In other countries, such as Australia, a referendum is required to pass an amendment to the Constitution, and a double majority must be achieved, meaning a majority of those voting nationwide as well as separate majorities in a majority of states. The specific requirements for changing laws at a national level depend on the democratic processes and legislative structures in place within a given country.
| Characteristics | Values |
|---|---|
| Who can propose a bill? | A sitting member of the U.S. Senate or House of Representatives, or during their election campaign. People or citizen groups can also petition bills to a member of Congress that represents them. |
| 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. 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. |
| What happens if the bill passes both bodies? | Both chambers vote on the same version of the bill. If it passes, they present it to the president. |
| What happens if the president chooses to veto the bill? | Congress can vote to override that veto, and the bill becomes a law. |
| What is a supermajority? | A supermajority is a two-thirds majority of votes. |
| Where is a supermajority required? | In most states, a two-thirds supermajority of both chambers is required to override a governor's veto of legislation. |
| Are there alternatives to a supermajority? | In some states, only a three-fifths supermajority is required, while in others, such as Kentucky and West Virginia, only a normal majority is needed. |
| What is the purpose of a supermajority? | To prevent a majority from eroding the fundamental rights of a minority. |
| What is an example of a supermajority rule? | In ancient Rome, two-thirds of jurors had to confirm they were ready to take a decision before the matter went to a simple majority vote. |
| What is an example of a national vote changing a law? | After historic voter turnout in the 2020 election, allegations of voter fraud sparked a wave of legislation that made voting harder in early 2021. |
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What You'll Learn
Bills and how they become law
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 a legislative body 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 their representative body. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.
In the United States, for example, 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. 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. If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law.
In the United Kingdom, the process is similar. A bill undergoes three readings in Parliament. At the first reading, the person(s) bringing the bill can formally announce that they are starting the process of making the bill into a law. At the second reading, the bill is explained and debated. After the bill has been explained and discussed, there is a vote. The bill must receive over half of the votes to get past the second reading. A committee then looks at the bill in detail and suggests changes. After the committee has reported back to the House, the bill receives its third reading, at which point another vote is taken on the bill. The House must decide whether it wants the bill, with its amendments, to become law. All bills must pass through both Houses of Parliament. If one House approves a bill, and it passes to the next House for approval but amendments are made, it will need to pass back to the original House to be voted on again.
In both the US and UK systems, a simple majority of votes is typically required for a bill to pass, though some legislatures require a supermajority of two-thirds or three-fifths of votes for certain types of bills. In consensus democracies, the supermajority rule is applied in most cases.
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The role of the president
In the United States, the process of changing national law typically involves the president working in conjunction with Congress. A bill, which is a proposal for a new law or a change to an existing law, can originate from a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be initiated by citizens or citizen groups who petition their representative in Congress. Once a bill is introduced, it goes through a process of committee review, research, discussion, and potential amendments before being put to a vote in both chambers of Congress.
It is important to note that the specific powers and procedures can vary across different countries. For example, in some countries like Australia, changing certain aspects of the constitution requires a referendum, which must achieve a "double majority". This includes a majority of voters nationwide as well as separate majorities in a majority of states. In the case of Spain, each autonomous community has its own Statute of Autonomy, which functions like a local constitution subject to the national constitution. Altering specific aspects of the Statute of Autonomy, such as the economic and fiscal regime or electoral law, requires a two-thirds majority vote in the Parliament.
Additionally, the concept of a "supermajority" is relevant to the role of the president in changing national law. A supermajority rule requires a larger than normal majority, often two-thirds, to pass a particular motion or make certain changes. Supermajority rules can be used to protect the rights of minorities and prevent a simple majority from making decisions that could infringe on those rights. While this may not always be directly related to the role of the president, it demonstrates the importance of achieving a broader consensus when making significant changes to laws or constitutional provisions.
In summary, the role of the president in changing national law through a national vote involves the interaction between the executive branch, led by the president, and the legislative branch, represented by Congress or other legislative bodies. The president has the power to veto bills passed by Congress, but this veto can be overridden by a supermajority vote in favour of the bill. The specific processes and requirements for changing national law can vary across different countries and political systems, often involving referendums, supermajority rules, or other mechanisms to ensure broad support for any changes made.
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Federal vs state laws
Federal laws are statutes that apply to the entire country, whereas state laws are specific to the individual states. Federal laws are decided by the legislative branch of the federal government, which is made up of the two houses of Congress: the House of Representatives and the Senate. A bill can be proposed by a sitting member of either house or during their 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 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. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. If the president chooses to veto the bill, Congress can vote to override the veto with a two-thirds majority in both houses, and the bill becomes a law. A federal law can be struck down by the Supreme Court if it is deemed unconstitutional.
State laws are laws that are made by each of America's 50 states and are only applicable within the state in which they are passed. State laws are passed by state legislatures and then signed into law by the state governor. Each state also has a state supreme court that can strike down laws that violate the state's constitution. The purpose of state law is to grant citizens within a state additional rights that are not explicitly granted by federal law, rather than to restrict rights granted by federal law. State courts have jurisdiction over matters like criminal law, real estate law, and welfare matters.
There are instances where state and federal laws come into conflict. For example, the possession and distribution of cannabis are considered federally illegal, but some states have legalized recreational or medical marijuana. In such cases, federal law prevails, and federal authorities can enforce federal law within that state.
In some countries, national laws can be changed by a national vote, also known as a supermajority. This requires a large majority, usually two-thirds, of the population to vote in favour of the change.
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The power of Congress
The power to make laws in the United States is vested in Congress, which consists of the Senate and the House of Representatives. This means that Congress is the only part of the government that can make new laws or change existing ones.
The process of law-making begins with a bill, which is a proposal for a new law or a change to an existing law. A bill can be proposed by a sitting member of the Senate or House of Representatives, or it can be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress. Once introduced, a bill is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies accept a bill, they must reconcile any differences between their versions. Finally, both chambers vote on the same version of the bill, and if it passes, it is presented to the president.
The president may choose to veto a bill, but in most cases, Congress can override this veto with a two-thirds vote in both the Senate and the House of Representatives, and the bill becomes a law. However, if Congress is no longer in session and the president takes no action on a bill, it will be vetoed by default, which is called a pocket veto, and cannot be overridden.
Congress also has the power to “make or alter” rules concerning congressional elections, and it has established statutes that govern the electoral process, such as setting a single national Election Day and mandating that states divide themselves into congressional districts. Additionally, Congress has the authority to enact laws deemed "necessary and proper" for executing the powers given to any part of the government under the Constitution, including establishing an annual budget, levying taxes and tariffs, authorizing borrowing, and mandating spending on specific items.
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Voter registration and voting processes
The National Voter Registration Act has played a crucial role in establishing uniform voter registration standards across the country. This has ensured that all eligible citizens have a fair and consistent process for registering to vote. In addition to federal laws, individual states may have their own specific requirements for voter registration. For example, in New York, residents can register to vote online using a NY.Gov ID or by completing and mailing a voter registration form to their county board of elections.
Voting processes can also vary depending on the state. For instance, early voting, mail-in voting, and absentee voting options may differ across states. Additionally, each state has its own criteria for determining eligibility to vote after a conviction. It is important for individuals to be aware of their rights and accommodations protected by law, as well as any specific requirements or processes in their state.
To ensure a smooth voting experience, individuals should take proactive steps to register and familiarize themselves with the voting process in their state. This includes checking registration status, updating any changes in personal information, and understanding the voting options available, such as in-person or mail-in voting. By staying informed and engaged in the voter registration and voting processes, individuals can effectively exercise their right to vote and participate in shaping the laws that govern their communities.
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Frequently asked questions
National laws can be changed by a national vote, depending on the country and the specific law in question. In some countries, like the United States, national laws are made through a legislative process involving Congress and the President, without a direct national vote. However, in other countries, constitutional amendments or changes to specific laws may require a referendum or a national vote.
In the United States, a bill is a proposal for a new law or a change to an existing law. A bill can be proposed by a sitting member of Congress or during their election campaign. It then goes through a committee, research, discussion, and changes before being voted on by both chambers of Congress. If both chambers pass the bill, they work out any differences, and then both chambers vote on the final version. If it passes, the bill is presented to the President for approval or veto.
Yes, citizens or citizen groups can initiate a bill by petitioning their representatives in Congress. This is called a "bill by petition." Citizens can recommend new laws or amendments to existing ones, and their representatives can then introduce these as bills in Congress.
Yes, amending a constitution typically requires a higher threshold of support, often a supermajority of two-thirds or more. This varies by country and specific constitutional provisions. Some countries also require ratification by voters in a general election or a special referendum.
The frequency of law changes at the national level varies and depends on various factors, including the political climate, public opinion, and the legislative process. In some countries, like the United States, there may be more frequent changes due to a more active legislative process and responses to court decisions.
