Keith Mack
The legislative process in the United States is a complex and multi-step procedure that serves as one of the foundations of its representative system. The American people can influence laws without Congress by petitioning bills or recommending new or amended laws to their elected representatives. These bills are then assigned to committees, which research, discuss, and make changes before putting them up for voting. While Congress is the law-making branch of the federal government, the American people play a crucial role in initiating and shaping legislation through their elected representatives and citizen groups. This process emphasizes the protection of the minority and allows all sides to be heard, ensuring an informed and democratic law-making process.
| Characteristics | Values |
|---|---|
| Who can propose a bill? | A sitting member of the U.S. Senate or House of Representatives, or be proposed during their election campaign. |
| People or citizen groups can also petition a bill or recommend a new or amended law to a member of Congress that represents them. | |
| Who can make laws? | Congress is the law-making branch of the federal government. |
| The legislative branch consists of the House of Representatives and the Senate, which together form the United States Congress. | |
| The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. | |
| There are 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other territories of the United States. | |
| The Senate is composed of 100 Members—two from each state, regardless of population or area—elected by the people in accordance with the 17th Amendment to the Constitution. | |
| A Representative must be at least 25 years of age, have been a citizen of the United States for seven years, and, when elected, be an inhabitant of the state in which the Representative is chosen. | |
| Process of making a law | 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. | |
| If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law. | |
| 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 it cannot be overridden by Congress. | |
| If the president does not desire to approve a bill, but is unwilling to veto it, he may, by not returning it within 10 days, permit it to become a law without his approval. | |
| Congress can also propose an amendment to the Constitution. |
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What You'll Learn
The legislative process
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 Senate or the House of Representatives, or it can 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 representing them. Once a bill is introduced, it 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.
The committees are not set in stone; they change in number and form with each new Congress to efficiently consider legislation. Each committee oversees a specific policy area, and the subcommittees take on more specialized areas. For example, the House Committee on Ways and Means includes subcommittees on Social Security and Trade. A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected. If the subcommittee members agree to move a bill forward, it is reported to the full committee, where the process is repeated. Throughout this stage, the committees and subcommittees call hearings to investigate the merits and flaws of the bill. They invite experts, advocates, and opponents to appear before the committee and provide testimony, and they can compel people to appear if necessary.
If the bill passes one body of Congress, it goes through a similar process in the other body, including 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 for approval. 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 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 vetoed by default, called a "pocket veto," which cannot be overridden by Congress.
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Congress's role in lawmaking
The United States Congress is the federal government's lawmaking branch. It is made up of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.
Article I, Section 1, of the United States Constitution, provides that:
> All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. In addition, there are six non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other territories of the United States. The presiding officer of the chamber is the Speaker of the House, elected by the Representatives.
The Senate is composed of 100 Members—two from each state, regardless of population or area—elected by the people in accordance with the 17th Amendment to the Constitution. The 17th Amendment changed the former constitutional method under which Senators were chosen by the respective state legislatures.
The legislative process is a matter about which every person should be well informed in order to understand and appreciate the work of Congress. It is a foundation of the American representative system. A proposal cannot become a law without consideration and approval by both Houses of 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 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. 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.
Congress also has the power to override a presidential veto by a two-thirds vote in both the Senate and the House of Representatives.
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The House of Representatives
The United States Congress is made up of the House of Representatives and the Senate. The Legislative Branch, which includes the House of Representatives, was established by Article I of the Constitution. The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. There are also six non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other territories of the United States.
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The Senate
The process of creating a new law or revising an existing one can be initiated by anyone, including members of the public. However, the legislative process that turns a bill into a law involves the Senate, the House of Representatives, and the President.
Once a problem has been identified, members of Congress work on a solution in the form of a law. They may collaborate with other Senators or members of the House of Representatives to jointly introduce identical or similar bills in both chambers. The Senator(s) who introduce the bill are known as sponsors, while other Senators who support the bill can sign on as cosponsors. After being introduced, the bill is sent to the Senate Parliamentarian, who assigns it to a specific committee or committees for further deliberation.
After the bill has been deliberated in the Senate, it is sent to the House of Representatives, where it may undergo further changes. If there are differences between the House and Senate versions of the bill, a conference committee must resolve them. Once the differences have been resolved, each chamber must vote again to approve the final bill text. If the bill is approved by both chambers, it is sent to the President.
The President then decides whether to sign the bill into law or not. If the President signs the bill, it becomes a law. If the President refuses to sign, the bill does not become a law, and the President's refusal is called a veto. Congress can attempt to overrule a veto, but it requires a two-thirds majority vote in both the Senate and the House. If such a majority is achieved, the President's veto is overruled, and the bill becomes a law.
It is important to note that not all types of legislation require the approval of both chambers or the President. Simple resolutions, for example, address matters within the prerogative of one house and do not have the force of law. Concurrent resolutions must be passed in the same form by both houses but also do not have the force of law.
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Presidential involvement
The legislative process in the United States is a complex and carefully designed system that involves the participation of various entities, including Congress, the President, and the people. While Congress is the primary body responsible for creating and amending laws, the President also has a significant role in this process, which includes signing or vetoing bills.
The President's involvement in changing laws without Congress is primarily through the power to veto legislation. Once a bill has passed both chambers of Congress, it is presented to the President for approval. The President has the authority to veto, or reject, a bill, which sends it back to Congress for reconsideration. If the President chooses to veto a bill, Congress can attempt to override the veto by gathering a two-thirds majority vote in both the House of Representatives and the Senate. If Congress succeeds in overriding the veto, the bill becomes law even without the President's signature. This process ensures that the President has a direct influence on the legislative process and can shape the outcome of proposed laws.
The President's veto power serves as a critical check and balance in the law-making process. It allows the President to exercise discretion and ensure that laws passed by Congress are carefully considered and aligned with the administration's policies and priorities. The veto power also provides an opportunity for further review and discussion of the bill, as Congress can reconsider its decision and decide whether to override the President's veto. This back-and-forth between the legislative and executive branches helps maintain a balance of power and prevent the passage of hasty or one-sided legislation.
In addition to the formal veto process, the President can also influence laws without directly involving Congress through executive actions and interpretations. While these actions cannot change laws passed by Congress, they can impact how they are implemented and enforced. Executive orders, for example, can direct federal agencies to prioritize certain aspects of a law or interpret its provisions in specific ways. The President can also use their bully pulpit to advocate for certain policies or encourage Congress to take up specific legislative initiatives.
While the President's role in changing laws without Congress is primarily through the veto power and executive actions, it is important to note that the people also have a voice in the legislative process. Citizen groups and individuals can propose new laws or amendments to their representatives in Congress, who can then introduce these ideas as bills. This process allows for direct input from the American people and ensures that their concerns and ideas are considered in the law-making process.
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Frequently asked questions
No, all legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing laws.
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. 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.
The President may veto bills passed by Congress. However, Congress may override a veto by a two-thirds vote in both the Senate and the House of Representatives.
Committees oversee specific policy areas and are responsible for researching, discussing, and making changes to bills. Each committee has subcommittees that take on more specialized policy areas. Bills are first considered in a subcommittee, where they may be accepted, amended, or rejected. If the members of the subcommittee agree to move a bill forward, it is reported to the full committee, where the process is repeated.
Congress is free to propose amendments to the Constitution, but a two-thirds vote in both the House and the Senate, as well as ratification by three-quarters of the states, is required to amend the Constitution.
