Gavin Howe
The process of law-making varies across jurisdictions. In democratic countries, the legislative process is designed to protect minorities and allow all sides to be heard and make their views known. In the United States, for example, a bill must be considered and approved by both Houses of Congress before it can become a law. The majority of laws originate in the House of Representatives, which creates, debates, and votes on bills. The Senate, on the other hand, drafts legislation related to presidential nominations and treaties and processes legislation through deliberation and debate before voting. In some countries, the judiciary also plays a role in law-making, with judges' decisions forming precedents in common law jurisdictions.
| Characteristics | Values |
|---|---|
| Who makes the law | The legislature, executive, or judiciary |
| How laws are made | Creating, debating, and voting on bills |
| Who can override the president's veto | Congress |
| Who presents impeachment charges | The House of Representatives |
| Who tries impeachment | The Senate |
| Who chooses the president if no candidate receives a majority of electoral votes | The House of Representatives |
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What You'll Learn
The legislative process
In the U.S. House of Representatives, any member may introduce a bill at any time while the House is in session by 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 co-sponsoring members. The Clerk assigns the bill a legislative number and refers it 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 specialised 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. Committees are required, to the maximum extent feasible, to make their publications available in electronic form.
Once the committee is done, 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), 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. If the bill is approved by both Houses of Congress, it is presented 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. Since it is quite unusual for a law to be enacted over a presidential veto, Congress typically must accommodate the president’s position on proposed policies. If the President chooses to veto a bill, in most cases, Congress can vote to override that veto and the bill becomes a law. But 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.
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The role of the President
While the people can propose bills, it is the role of the President to sign them into law. The President's legislative role has grown substantially since 1900, reflecting changes in political and social forces. The President can make treaties with the approval of the Senate, veto or sign bills, represent the nation in talks with foreign countries, enforce laws passed by Congress, act as Commander-in-Chief during a war, call out troops to protect the nation against an attack, make suggestions about things that should be new laws, lead their political party, and nominate Cabinet members and Supreme Court Justices, among other high officials.
The President is also responsible for appointing ambassadors and receiving them, taking care that laws are faithfully executed, and commissioning all officers of the United States. Additionally, the President has the power to convene or adjourn the Houses of Congress in certain circumstances, such as in the case of a disagreement between them.
In the matter of impeachments, the House of Representatives presents the charges, while the Senate sits as a court to try the impeachment. No impeached person may be removed without a two-thirds vote of the Senators, with a quorum being present. The President cannot be impeached by a simple majority vote in the House of Representatives; instead, a two-thirds vote in the Senate is required for removal.
While the President plays a significant role in the legislative process, it is essential to note that they cannot make laws. The power to create laws lies with Congress, which consists of the Senate and the House of Representatives. The President can, however, make suggestions and recommendations to Congress for their consideration.
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The House of Representatives
The legislative process begins with a bill, which is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the House of Representatives or proposed during their election campaign. Additionally, citizens can participate in the legislative process by petitioning their representatives for a new or amended law. Once a bill is introduced, it is assigned to a committee that will research, discuss, and make changes to it. The bill is then put before the House for a vote. If the bill passes the House, it moves to the Senate, where it undergoes a similar process of research, discussion, and voting.
It is important to note that the House and the Senate have some procedural differences. While both chambers have equal legislative functions and powers, there are certain exceptions. For example, only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate prioritises deliberation and debate before voting.
In conclusion, the House of Representatives plays a vital role in the legislative process, and its members are key stakeholders in translating the people's proposals into laws. The House's role in creating, debating, and voting on bills ensures that the legislative process is open and full of discussion, allowing all sides to be heard and considered.
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The Senate
In the United States, the legislative process is a key aspect of the democratic system, allowing for the protection of the minority and providing all sides with the opportunity to be heard and considered. This process involves the participation of both Houses of Congress, namely the Senate and the House of Representatives, in creating, debating, and voting on bills that become laws.
The legislative process in the Senate is characterised by deliberation and debate. Senate committees play a vital role in this process, as they are responsible for reviewing, studying, and drafting legislative proposals. These committees are typically composed of members from both political parties, allowing for a diverse range of expertise and perspectives. The committees are chaired by members of the majority party, who work closely with the ranking member of the minority party. Senate rules provide specific guidelines for committee meetings, including timing restrictions, to ensure efficient and orderly proceedings.
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Judicial review
In the context of law-making, judicial review refers to the process by which a country's judiciary examines the actions and decisions of the executive, legislative, and administrative branches of the government. The purpose of this review is to determine whether these actions align with the constitution and to ensure that public bodies do not exceed the powers given to them by legislation.
In the United States, judicial review is considered a crucial check on the powers of the other two branches of government. This power of the judiciary to supervise the legislative and executive branches is known as judicial supervision and is based on the principle of separation of powers. The legitimacy of judicial review in the US is derived from the supremacy clause of the Constitution, which mandates that all laws passed must conform to the Federal Constitution.
The concept of judicial review has been adopted and expanded in various countries, including those with civil law and common law traditions. For example, France, Germany, Italy, and South Korea have established special constitutional courts, while India, Japan, and Pakistan have set up supreme courts to exercise judicial review. The influence of US constitutional ideas, particularly the notion of checks and balances, has encouraged many countries to embrace judicial review as an essential element of democratic governance.
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Frequently asked questions
State-enforced laws can be made by a legislature, resulting in statutes.
A legislature is a body with the power to make, change, or repeal laws. Examples include the Houses of Parliament in London, the US Congress in Washington, D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome, and the Assemblée nationale in Paris.
In the US, laws are made through a legislative process that involves the US Congress, which consists of the Senate and the House of Representatives. The House of Representatives creates, debates, and votes on bills, which then need to be passed by both Houses of Congress to become laws. The President can choose to veto a bill, but Congress can vote to override the veto.
There are various types of laws, including criminal law (also known as penal law), which deals with crimes and punishments, and election law, which addresses voting-related issues such as voter registration, ballot access, and campaign finance.
In some countries, the judiciary does make common law. Judges play a critical role in interpreting and implementing the constitution, and their decisions can set precedents that form common law. In some jurisdictions, the judicial branch can also change laws through judicial review, annulling state laws or rules that are incompatible with higher norms such as the constitution or international law.
