Anaya Nolan
The American people can influence the creation and amendment of laws in several ways. Firstly, they can petition bills, which are proposals for new laws or changes to existing ones, and recommend them to members of Congress. Congress is the branch of the federal government responsible for making laws. It consists of the Senate and the House of Representatives, with each body having specific legislative functions and powers. The House of Representatives is responsible for initiating tax and revenue-related legislation, while the Senate handles matters related to presidential nominations and treaties. Once a bill is introduced in Congress, it undergoes a process of research, discussion, and potential amendments before being put to a vote. If a bill passes in one body of Congress, it moves to the other body for a similar process. If it passes in both bodies, they must agree on a final version before presenting it to the President for approval. In most cases, if the President vetoes a bill, Congress can override the veto and the bill becomes law. However, if the President does not sign off on a bill before Congress adjourns, it is considered a pocket veto, which cannot be overridden.
| Characteristics | Values |
|---|---|
| Who can propose a bill | A sitting member of the U.S. Senate or House of Representatives, during their election campaign, or people or citizen groups who can petition a bill |
| What happens after a bill is introduced | It is assigned to a committee, then put before the chamber to be voted on |
| What happens if a 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 a bill passes both bodies of Congress | They must work out any differences between the two versions, then both chambers vote on the same version of the bill |
| What happens if a bill passes both chambers of Congress | It is presented to the president |
| What happens if the president chooses to veto a bill | Congress can vote to override that veto and the bill becomes a law |
| What happens 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 is called a pocket veto and cannot be overridden by Congress |
| What happens if a Senator dies or resigns during their term | The governor of the state must call a special election unless the state legislature has authorized the governor to appoint a successor until the next election |
| How often must Congress assemble | At least once every year, at noon on the third day of January, unless another day is appointed by law |
| How long does a Congress last | Two years |
| How many members are in the House of Representatives | 435 |
| How often are members of the House of Representatives elected | Every two years |
| Who can impeach and remove federal judges, including Supreme Court justices | Congress |
| Who confirms the President's nominations to the federal judiciary, including the Supreme Court | The Senate |
| Who has the power to interpret the Constitution and federal laws | The Supreme Court of the United States |
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What You'll Learn
Bills and how they become laws
Bills are proposals for new laws or changes to existing laws. They can be introduced by sitting members of the U.S. Senate or House of Representatives, or during their election campaigns. Bills can also be petitioned by citizens or groups who recommend new or amended laws to a member of Congress.
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. If it 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.
The president can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president vetoes a bill, Congress can usually 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 pocket-vetoed and cannot be overridden.
There are two types of bills: public and private. Public bills pertain to matters that affect the general public or classes of citizens, while private bills affect specific individuals or organizations. Private bills often deal with immigration, citizenship, or claims against the government.
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Congress and its role in lawmaking
Congress is the lawmaking branch of the federal government. The legislative process is a matter about which every person should be well informed to understand and appreciate the work of Congress. The legislative process is one of the most practical safeguards of the American democratic way of life, with its emphasis on the protection of the minority, allowing ample opportunity for all sides to be heard and make their views known.
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 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. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.
The two chambers are fundamentally equal in their legislative roles and functions. Only the House can originate revenue legislation, and only the Senate confirms presidential nominations and approves treaties, but the enactment of law always requires both chambers to separately agree to the same bill in the same form before presenting it to the President. Congressional action is typically planned and coordinated by party leaders in each chamber, who have been chosen by members of their own caucus. Majority party leaders in the House have important powers and prerogatives to effectively set the policy agenda and decide which proposals will receive floor consideration. In the Senate, the leader of the majority party is generally expected to propose items for consideration, but formal tools that allow a numerical majority to take action are few. Instead, the majority party leadership typically must negotiate with minority party leaders. In both chambers, much of the policy expertise resides in the standing committees – panels of members from both parties that typically take the lead in developing and assessing legislation.
Once a law is enacted, Congress has the prerogative and responsibility to provide oversight of policy implementation, and its committees take the lead in this effort. Both chambers provide their committees with significant powers and latitude for oversight and investigations into questions of public policy and its effects. While Congress itself is the engine of legislative ideas and action, the President has influence in the legislative process, as well. The President recommends an annual budget for federal agencies and often suggests legislation. The power to veto legislation can affect the content of bills passed by Congress. Since it is quite unusual for law to be enacted over a presidential veto, Congress typically must accommodate the president’s position on proposed policies. However, in most cases, Congress can vote to override a presidential veto, and the bill becomes a law.
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The President's power to veto a bill
The President of the United States has the power to veto a bill. A bill is a proposal for a new law or a change to an existing 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. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.
If the President blocks legislation by not returning the bill to the originating Chamber within ten days and Congress adjourns before the ten days elapse, this is called a "pocket veto". In this case, the President can prevent the bill from becoming law simply by declining to sign it. If the President blocks legislation by pocket veto, Congress cannot later override the veto—instead, the legislature must reintroduce the bill and enact it again.
In most cases, if the President vetoes a bill, Congress can vote to override that veto and the bill becomes a law. For this to happen, two-thirds of both the House and the Senate must vote to pass the bill.
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The Senate and the House of Representatives
The Senate is composed of 100 members, with two senators representing each state, serving six-year terms. Senators must be at least 30 years old, have been a US citizen for nine years, and be an inhabitant of the state they represent. The Senate has the exclusive power to draft legislation related to presidential nominations and treaties. It also plays a role in confirming federal judges, including Supreme Court justices, and creating and structuring lower federal courts.
The House of Representatives, commonly known as the House, has 435 voting members, with the number of representatives per state proportional to its population. Each representative serves a two-year term, must be at least 25 years old, have been a US citizen for seven years, and be an inhabitant of the state they represent. The House has the sole authority to initiate tax and revenue-related legislation.
Both chambers introduce and vote on bills, which are proposals for new laws or changes to existing ones. Bills can be proposed by members of Congress or suggested by citizen groups through petitions. Once a bill is introduced, it is assigned to committees that research, discuss, and amend it. After passing in one chamber, a bill goes through a similar process in the other chamber. If both chambers approve a bill, they reconcile any differences, and then both vote on the final version. If passed, it is presented to the President. This bicameral legislative system ensures that a proposal cannot become a law without consideration and approval by representatives of all states, encouraging open discussion and improvement of bills.
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Citizens' rights to petition bills
In the United States, citizens have the right to petition bills as a form of civil action against the government. This right is derived from the First Amendment, which states that citizens have the right to "petition the government for the redress of grievances". This means that citizens can bring their concerns to the government and request that the government take action to address those concerns. The right to petition is also recognised in the Petitioning Clause of the US First Amendment, which is based on Article 13 of the 1689 Bill of Rights. This article states that "for Redresse of all Grievances and for the amending strengthening and preserveing of the Lawes Parlyaments ought to be held frequently".
The right to petition has been historically significant in the United States, with over 130,000 citizens signing petitions to advocate for the end of slavery in the 19th century. While the House of Representatives initially adopted gag rules to table these petitions, former President John Quincy Adams and other Representatives successfully repealed these rules in 1844, citing the Constitutional right to petition.
It is important to note that the right to petition is not unlimited. The Supreme Court has established that public employees must demonstrate that they are speaking as citizens on a matter of public concern when suing their employer under the First Amendment's Speech or Petition Clauses. Additionally, the right to assemble to petition, as implied in common law, is subject to limitations on the number of people who can assemble, as outlined in the 1661 Tumultuous Petitioning Act.
In conclusion, the right to petition bills is an important tool for citizens to address their concerns and seek redress from the government. While there may be some restrictions on this right, it has been a significant force for change throughout US history and continues to be a valuable mechanism for citizen engagement in the legislative process.
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Frequently asked questions
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 people or citizen groups. Once introduced, a bill 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 it 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, after which both chambers vote on the same version of the bill. If it passes, it is presented to the president.
If the president chooses to veto a bill, Congress can usually vote to override that 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. This is called a pocket veto and cannot be overridden by Congress.
Congress is the lawmaking branch of the federal government. It consists of a Senate and a House of Representatives. The Senate is composed of 100 members, two from each state, elected by the people. The House of Representatives is composed of 435 members elected every two years from among the 50 states, apportioned to their total populations.
Yes, citizens can propose new laws or changes to existing ones by petitioning bills to a member of Congress that represents them.
Yes, old laws can be repealed. For example, legal scholar Elie Mystal has argued for the repeal of the 1921 Immigration and Nationality Act, which he believes is racist and harmful.
