Anaya Nolan
The concept of enshrining laws or legal principles has existed since ancient times, with the practice dating back to ancient Rome, where the law was considered sacred and inscribed on tablets placed in temples. While the phrase enshrined in law is often used by politicians and the media, it is misleading and fraudulent as it falsely implies absolute seriousness and enhanced legal protection. In reality, there is no mechanism to truly enshrine anything in law due to the doctrine of parliamentary supremacy. This is evident in the ability of the New Zealand House of Representatives to regulate its own proceedings without intervention, with the power to make and amend laws. In the United States, the process of lawmaking involves bills being introduced and voted on in the House of Representatives and the Senate, with the President having the power to veto or approve them.
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What You'll Learn
The concept of enshrinement in law
The practice of enshrinement dates back to ancient times, with the Romans considering their laws sacred and inscribing them on tablets placed in temples. This continued through the Middle Ages, with legal codes stored in church archives. During the Enlightenment, thinkers like John Locke advocated for laws based on natural rights, believing that enshrining these rights in a constitution would protect citizens from tyranny. The American Revolution and the French Revolution were turning points, with the United States Constitution and the Declaration of the Rights of Man and Citizen, respectively, enshrining individual liberties.
In modern times, the phrase "enshrined in law" is often used by politicians and the media to convey the seriousness of a proposal and to imply that it will be set out in law in an enduring manner. However, critics argue that this usage is misleading, especially in countries with parliamentary supremacy, like the United Kingdom, where any Act of Parliament can be repealed or amended by another Act of Parliament, rendering the concept of enshrinement meaningless.
Despite this criticism, the concept of enshrinement in law continues to hold significant weight in many countries. Constitutions are often the highest form of law, and they establish the basic structure of government, protect citizens' rights, and provide a framework for governing. International human rights treaties, such as the Universal Declaration of Human Rights, further protect individuals' rights and freedoms. The principle of "rule of law," which is widely recognised as essential for democratic societies, is also enshrined in many countries' constitutions.
In conclusion, the concept of enshrinement in law signifies the importance and permanence of a particular principle or value within a legal framework, particularly a constitution. While the phrase "enshrined in law" may be subject to criticism as a political tool, the act of enshrinement itself has been a powerful force in shaping societies and protecting fundamental rights and freedoms.
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The legislative process
The Senate and the House have distinct roles and procedures in the legislative process. The House of Representatives, with 435 members elected every two years, has the exclusive power to initiate revenue and tax-related legislation. It operates through a majority vote, allowing for quicker processing of legislation. On the other hand, the Senate, composed of 100 members serving six-year terms, is responsible for confirming presidential nominations and approving treaties. The Senate values deliberation and debate, providing individual senators with significant procedural leverage.
Committee work is an essential aspect of the legislative process. Committees, composed of members from both parties, play a crucial role in developing and assessing legislation. They hold hearings, conduct investigations, and provide oversight of policy implementation. The House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs are dedicated to overseeing and reforming government operations.
Once a bill is passed by both chambers of Congress, it is presented to the President for consideration. The President has several options, including signing the bill into law, vetoing it, or taking no action. If the President vetoes a bill, Congress can override the veto with a two-thirds vote in both chambers, turning the bill into law. The President's influence extends beyond veto power, as they recommend the annual budget and often suggest legislation, impacting the content of bills passed by Congress.
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The role of Congress
The United States Congress is made up of the House of Representatives and the Senate, forming the Legislative Branch of the federal government. Congress has the sole authority to enact legislation and declare war, and it has the right to confirm or reject Presidential appointments.
Congress's primary function is to create and modify laws. Congress can originate revenue legislation, and the Senate confirms Presidential nominations and approves treaties. However, the enactment of a law requires both chambers to agree to the same bill before presenting it to the President. The President can then choose to sign the bill into law, veto it and send it back to Congress, or do nothing. If the President does nothing, the bill becomes law if Congress remains in session for ten days after receiving the bill. If Congress adjourns before the ten days are up, the bill does not become law, which is known as a "pocket veto". Congress can override a Presidential veto with a two-thirds vote in both chambers.
Congress also has the power to levy and collect taxes, duties, imposts, and excises, and to provide for the debts and welfare of the United States. It establishes the annual budget for the government and has investigative powers. Congressional action is typically planned and coordinated by party leaders in each chamber, and committees play a crucial role in drafting and considering legislative proposals.
The House of Representatives has 435 elected members, divided among the 50 states in proportion to their population. There are also six non-voting members representing the District of Columbia, Puerto Rico, and four other US territories. The Speaker of the House, elected by the Representatives, presides over the chamber.
In the Senate, a Senator usually introduces a bill by presenting it to a clerk without commenting on it. Alternatively, they may use a more formal procedure by introducing the bill from the floor, accompanied by a statement. In the House, bills are handed to the clerk or placed in the hopper, and the Speaker refers them to the appropriate committee. The committees make revisions and additions to the bills and can order the introduction of a new bill with proposed amendments. The chamber must then approve, change, or reject all committee amendments before a final passage vote. After the bill is reported, the committee staff prepares a written report explaining their position, and the bill is placed on the calendar. Bills are usually placed on the House Calendars in the order they are reported, but they may not come to the floor in that order, or at all. The Speaker of the House and the Majority Leader decide what reaches the floor and when.
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The function of the House
The House's primary function, as the Legislative Branch of the US government, is to create and modify laws. Any member of the House can introduce legislation, which is handed to the clerk of the House or placed in the hopper. The Speaker of the House and the Majority Leader decide what reaches the floor and when. The House processes legislation through a majority vote.
Once legislation is introduced, it is assigned a number and referred to a committee, which researches, discusses, and makes changes to the bill. The committee then sends the bill back to the whole chamber, where it is placed on a calendar. The Rules Committee adopts rules that will govern the procedures under which the bill will be considered by the House. The Rules Committee can be bypassed in three ways: suspending the rules (requiring a two-thirds vote), filing a discharge petition, or using a Calendar Wednesday procedure.
After the committee stage, the bill goes to the floor for debate and a final passage vote. If the bill passes, it is sent to the other body of Congress 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 and vote on the same text. If it passes again, they present it to the President for review. A bill becomes law if signed by the President or if not signed within 10 days while Congress is in session. If Congress adjourns before the 10 days are up and the President has not signed, the bill is pocket vetoed and does not become law. If the President vetoes the bill, it can be sent back to Congress, where a two-thirds vote in both chambers can override the veto and the bill becomes law.
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The process of amending or repealing laws
In the United States, the process of amending or repealing laws is a complex and challenging task. The United States Constitution, crafted to "endure for ages to come", has a stringent amendment process. This process is outlined in Article V of the Constitution, which serves as the basis for any modifications to the nation's foundational document.
The process of amending the Constitution typically begins with a proposal by Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate. This proposal takes the form of a joint resolution, which is then forwarded directly to the National Archives and Records Administration (NARA) without requiring the President's signature or approval. The Archivist of the United States, who heads NARA, is responsible for administering the subsequent ratification process, although the specific procedures are not outlined in detail in Article V or the relevant statutes.
Once the joint resolution reaches NARA, the Office of the Federal Register (OFR) adds legislative history notes and publishes it in slip law format. The OFR also prepares an information package for the states, which includes formal copies of the resolution and the statutory procedure for ratification. The Archivist then submits the proposed amendment to the states, and ratification requires approval from three-fourths of the states (38 out of 50).
When the OFR confirms the receipt of the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become an integral part of the Constitution. This certification is published in the Federal Register and serves as official notice to the nation that the amendment process is complete.
It is important to note that the process of repealing a constitutional amendment is equally challenging and rare. The only instance of a successful amendment repeal is the 21st Amendment, which overturned the 18th Amendment's nationwide prohibition on alcohol. This example demonstrates the significant effort and consensus required to amend or repeal laws enshrined in the United States Constitution.
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Frequently asked questions
Enshrining something in law means to establish it as a fundamental principle that should be preserved and respected. It is meant to convey absolute seriousness and finality.
The House can regulate its own proceedings without intervention from other authorities, as seen in the New Zealand House of Representatives. However, the doctrine of parliamentary supremacy in the UK, for example, means that nothing can truly be "enshrined" in law as it can always be amended or repealed.
Enshrining laws ensures that everyone is aware of their rights and obligations, promoting justice and fairness. It also allows for consistent interpretation and application across jurisdictions, reducing uncertainty. Additionally, it can protect vulnerable groups and serve as a symbol of a society's values and principles.
The concept of enshrinement can be misleading, as it may raise false expectations of enhanced legal protection. It can also lead to the enactment of statutes that are glorified press releases, misusing the law for non-legal purposes.
