Anaya Nolan
The process of how a bill becomes a law in the United States involves several steps. While anyone can write legislation, only a Member of Congress can introduce a bill for consideration. The President can propose a bill and send Congress a message urging its enactment, but they cannot introduce it. Once a bill is introduced in Congress, it is assigned a bill number and considered by the House and Senate. If a bill passes in both chambers, it is sent to the President for approval. The President can approve and sign the bill into law, or veto it. If the President chooses to veto a bill, Congress can vote to override the veto and the bill can still become a law.
| Characteristics | Values |
|---|---|
| Can the president introduce a bill? | No, but they can propose a bill and send Congress a presidential message urging its enactment into law. |
| Can the president veto a bill? | Yes, the president can refuse to approve a bill, which is called a veto. |
| Can the veto be overridden? | Yes, if there are enough objections in the House to the presidential veto, a vote can be taken to override the veto. |
| Can the president take no action on a bill? | Yes, if Congress is in session, the bill automatically becomes law after 10 days. If Congress has adjourned its session, a pocket veto occurs and the bill does not become a law. |
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What You'll Learn
The president can propose a bill but cannot introduce it
While legislation can be written by anyone, only a member of Congress can introduce a bill for consideration. This means that the president can propose a bill, but cannot introduce it. The president can, however, send Congress a presidential message urging its enactment into law. This is usually done by sending draft legislation to Congress with a letter or other explanatory material. The House may then order a presidential bill to be printed as an official House Document.
The president's role in the legislative process is further outlined in Article II, Section 3 of the Constitution, which imposes an obligation on the president to report to Congress on the "State of the Union" and to recommend for consideration such measures as the president considers necessary and expedient. These executive communications are then referred to the relevant standing committee or committees, which have jurisdiction over the subject matter of the proposal. The chairman or ranking minority member of the committee then introduces the bill, either in the form it was received or with desired changes.
Once a bill has been introduced and passed in the House and Senate, it is sent to the president for a signature. At this point, the president can take one of several actions. The president may take no action, in which case, if Congress is in session, the bill automatically becomes law after ten days. Alternatively, the president may veto the bill, either directly or indirectly through a pocket veto, by withholding approval until Congress has adjourned sine die. If the president approves of the bill, they can sign it into law.
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The president can veto a bill
While the president does not have the power to introduce a bill, they do have the power to veto it. The president can veto a bill if they decide it is unwise or unnecessary. This is done by withholding approval of the bill, and if Congress has adjourned by the time the bill reaches the president's desk, it is called a pocket veto.
A pocket veto occurs when the president takes no action and does not sign the bill into law, and so the bill dies. If the president does not veto the bill, they can sign it into law. If the president does veto it, the bill returns to its House of origin, where objections to the veto are read and debated. If there are enough objections, a vote can be taken to override the veto, and the bill may still become a law. However, if the House does not vote on a veto override, the bill is stalled and will not become a law.
The president can also indirectly propose a bill by sending draft legislation to Congress, along with a letter or other explanatory material urging its enactment. This is known as an "executive communication". However, only a Member of Congress can officially introduce a bill. The president can also recommend measures for consideration that they consider necessary and expedient, and these are referred to the relevant committee. The chairman or ranking minority member of the committee then introduces the bill, either in its original form or with desired changes.
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Congress can override a presidential veto
While the president can propose a bill and send Congress a message urging its enactment into law, only a Member of Congress can introduce a bill for consideration. The president can approve a bill and sign it into law, or they can refuse to approve it, which is called a veto. When the president issues a veto, the bill returns to its House of origin. Objections to the veto are then read and debated on the House Floor. If there are enough objections to the presidential veto, a vote is taken to override it. If the House does not vote on a veto override, the bill is stalled and does not become a law.
The first time Congress overrode a presidential veto was in 1845, during the waning hours of the 28th Congress. The House joined the Senate to pass an override of President John Tyler's veto of an appropriation bill. Introduced by Senator Jabez Huntington of Connecticut, the bill prohibited the president from authorizing the building of Revenue Marine Service (Coast Guard) ships without approved appropriations from Congress. President Tyler vetoed the bill to protect existing contracts and retain presidential prerogative. The Senate overturned Tyler's veto with only one dissenting vote, and the House voted 126-31 in favor of an override.
Another notable example of Congress overriding a presidential veto occurred during the administration of Franklin Pierce, when it overrode five of his nine vetoes.
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The president can send a message urging Congress to enact a bill
While only a Member of Congress can introduce a bill for consideration, the President can propose a bill and send a message urging Congress to enact it. This is called an "executive communication", and it is usually in the form of a message or letter from the President, transmitting a draft of the proposed bill to the Speaker of the House of Representatives and the President of the Senate. The President can also send draft legislation to Congress with a letter or other explanatory material, discussing the reasons for submitting the legislation.
The President is obligated by Article II, Section 3 of the Constitution to report to Congress from time to time on the "State of the Union" and to recommend for consideration such measures as the President considers necessary and expedient. These executive communications often follow the President's message to Congress on the state of the Union. The communication is then referred to the relevant standing committee or committees, which have jurisdiction over the subject matter of the proposal. The chairman or ranking minority member of the committee then introduces the bill, either in the form it was received or with desired changes.
However, it is important to note that there is no constitutional or statutory requirement that a bill be introduced to effectuate the President's recommendations. The President can also choose to take no action on a bill, in which case, if Congress is in session, the bill will automatically become law after ten days. Additionally, 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, in what is called a "pocket veto", which cannot be overridden by Congress.
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The president can recommend measures for consideration
While only a Member of Congress can introduce a bill for consideration, the President can propose a bill and send Congress a Presidential message urging its enactment into law. The President can also recommend measures for consideration. This is an obligation imposed by Article II, Section 3 of the Constitution, which requires the President to report to Congress on the "State of the Union" and to recommend measures that the President considers necessary and expedient.
These executive communications usually follow the President's message to Congress on the state of the Union. The communication is then referred to the relevant standing committee or committees, which have jurisdiction over the subject matter of the proposal. The chairman or ranking minority member of the committee then introduces the bill, either in the form it was received or with desired changes. This practice is usually followed even when the majority of the House and the President are not of the same political party. However, there is no constitutional or statutory requirement that a bill be introduced to effectuate the President's recommendations.
The President usually sends draft legislation to Congress with a letter or other explanatory material discussing the reasons for submitting the legislation. Sometimes, the House will order a Presidential bill and its explanatory material to be printed as an official House Document. The actual text of proposed bills is often drafted by legislative aides working for members of Congress or for congressional committees.
Once a bill is introduced in Congress, it must be officially sponsored by a Member of Congress. Representatives usually sponsor bills that are important to them and their constituents. Bills can be introduced at any time during a Chamber's daily session when the House is in session. The Chamber's Bill Clerk then assigns the legislation a bill number, and the leadership decides what to do next.
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Frequently asked questions
No, only a Member of Congress can introduce a bill. However, the president can propose a bill and send Congress a presidential message urging its enactment into law.
Once a bill is introduced, it is assigned a bill number by the Chamber's Bill Clerk. The bill is then made available for consideration by either the full House or Senate. If the bill passes in the House and Senate, it is sent to the president for a signature.
Yes, the president can veto a bill if they decide it is unwise or unnecessary. A pocket veto occurs when the president takes no action and Congress has adjourned its session, resulting in the bill not becoming a law.
