Gavin Howe
The process of a bill becoming a law involves many steps and people. 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 citizens or groups. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes 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 bill is then sent to the President, who can approve it, take no action, or veto it. If the President chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law.
| Characteristics | Values |
|---|---|
| Number of steps | 9 |
| Starting point | Idea for a new law |
| Who can draft a bill? | Any member of Congress, staff of New York State's Legislative Bill Drafting Commission, interest groups, lawyers working in state agencies and the executive branch |
| Who introduces a bill? | Representative or Senator who is the primary sponsor of the bill |
| Where is it introduced? | House or Senate, depending on the sponsor |
| What happens after introduction? | The bill is sent to a committee, which may refer it to a subcommittee for study and hearings |
| What happens after committee review? | The bill is sent to the full chamber of Congress for a vote |
| What happens if the bill is passed? | It is sent to the other chamber for a vote |
| What happens if both chambers pass the bill? | It is sent to the President for approval |
| What happens if the President approves? | The bill is signed and becomes law |
| What happens if the President does not approve? | The President may veto the bill, which can be overridden by a two-thirds vote in each chamber |
| What happens if the President does not sign or veto within 10 days? | The bill becomes law automatically |
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What You'll Learn
The bill's journey from an idea to a law
The journey of a bill from an idea to a law is a lengthy process that involves multiple steps and people. While the exact process may vary slightly between different legislative bodies, the fundamental stages remain consistent. Here is an overview of the typical journey:
The legislative process begins with a new policy idea. These ideas can come from senators or representatives, their constituents, advocacy groups, state officials, or other sources. Once an idea for a new law has been proposed, it must be drafted as a bill before it can be considered by the legislative body. Bill drafting often requires specialized legal training and is typically carried out by staff with the necessary expertise.
After the bill has been drafted, it is introduced in the legislative body. Bills are generally introduced by legislators or standing committees of the Senate and Assembly. The bill is then sent to the appropriate committee for review and discussion. Committees often hold public hearings to gather a wide range of opinions and amendments to the bill. Citizens can share their opinions with their representatives, who relay them to the committee members.
Once the committee has considered the bill, it may report the bill to the full legislative body for further discussion and a vote. If a majority of the members approve the bill, it moves forward in the process. The bill may go through additional committees and subcommittees for further review, amendments, and votes. This iterative process helps refine the bill and build support.
After passing through the necessary committees and subcommittees, the bill is then presented to both houses of the legislative body for a final vote. If a majority of members in both houses approve the bill, it is sent to the executive branch, such as the President or the Governor, for consideration. The executive has the power to sign or veto the bill.
If the executive approves the bill, it is signed and becomes law. In some cases, if the executive takes no action for a specified period, typically 10 days while the legislature is in session, the bill can automatically become law without the executive's signature. If the executive vetoes the bill, the legislative body may attempt to override the veto. If both houses pass the bill with a two-thirds majority, the executive's veto is overruled, and the bill becomes a law.
The journey of a bill from an idea to a law is a complex and deliberate process, allowing for careful consideration, debate, and amendment. This process is designed to ensure that laws are thoroughly vetted and represent the interests of the citizens they govern.
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The role of the President
The President plays a crucial role in the process of a bill becoming a law. Once a bill has been approved by both the House and the Senate in identical form, it is sent to the President for review. The President has the power to approve or oppose the bill. If the President approves the legislation, they sign it, and it becomes a law.
However, if the President chooses to veto the bill, it is sent back to Congress, where it can be overridden if both the Senate and the House pass the bill with a two-thirds majority vote. In this case, the bill becomes a law despite the President's veto. This process is known as a "pocket veto" and demonstrates Congress's ability to overrule the President's decision.
It is important to note that if the President takes no action on a bill for ten days while Congress is in session, the bill will automatically become law without the President's signature. This is a critical aspect of the legislative process, as it sets a time frame for the President to act on a bill.
Additionally, the President can indirectly influence the creation of a bill through "executive communication." This involves transmitting a draft of a proposed bill to the Speaker of the House of Representatives and the President of the Senate. By doing so, the President can initiate the legislative process and shape the direction of a bill before it undergoes the standard procedure of becoming a law.
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The committee system
The first step in the committee process is to introduce a bill to a committee. Bills are generally introduced by legislators or by standing committees of the Senate and Assembly. The bill is then sent to the appropriate standing committee, where members will evaluate it. Committees often hold public hearings on bills, allowing citizens to share their opinions with their Senate representative, who will then relay these opinions to the committee members.
Committees may also refer bills to a subcommittee for further study and hearings. The subcommittee can make changes to the bill and must vote to refer it back to the full committee. Once the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill, making changes and amendments before recommending it to the "floor".
If a committee votes against reporting legislation to the full chamber of Congress, the bill is rejected. If the committee votes in favour of the bill, it is reported to the floor, and additional debate takes place. The full chamber then votes to approve any amendments, and the bill is either passed or defeated.
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The House and the Senate's differences
The process of how a bill becomes a law differs between the House and the Senate. While both are equal in how they function, there are some procedural differences.
Firstly, only the House can initiate tax and revenue-related legislation. Conversely, only the Senate can draft legislation related to presidential nominations and treaties. This is a key distinction between the two bodies.
Secondly, the House processes legislation through a majority vote, whereas the Senate operates through deliberation and debate prior to voting. This means that the House tends to be faster in passing legislation, while the Senate engages in more thorough discussions.
Another difference lies in the introduction of bills. If a Representative is the sponsor of a bill, it is introduced in the House. Conversely, if a Senator is the sponsor, the bill is introduced in the Senate. The sponsor is the primary Congress member supporting the bill, and other members who support it are called co-sponsors.
Additionally, the Senate has a unique role in working with the Assembly and the Governor to enact, amend, or repeal statutes that make up the body of laws. Senators often come up with new policy ideas, but these ideas can also originate from constituents, organizations, or state officials. The Senate then drafts, discusses, and approves bills and resolutions.
In summary, while both the House and the Senate have important roles in the legislative process, they differ in their specific functions, procedures, and areas of focus. These differences contribute to the overall balance and effectiveness of the legislative system.
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The bill's journey through Congress
The journey of a bill to becoming a law is a lengthy process that involves many steps and people. The process begins with a new policy idea, which can come from senators, constituents, organisations, state officials, or citizens and advocacy groups. Once an idea for a new law has been agreed upon, it must be drafted as a bill by a specialised lawyer before it can be considered by the Senate. The bill is then introduced in the Senate, given a number, and sent to the appropriate standing committee.
Committees often hold public hearings on bills to gather a wide range of opinions, and citizens can share their views with their Senate representative. The committee may then report the bill to the full Senate for consideration, amend the bill, or reject it. After explanation, discussion, or debate, a vote is taken, and if a majority of senators approve, the bill is sent to the Assembly. If approved in the Assembly without amendment, it goes to the Governor.
The bill is then passed to the Governor, who has 10 days to sign or veto it. If the Governor fails to sign or veto the bill within this time, it becomes law automatically. If vetoed, the bill is returned to the original house, along with a statement explaining the reason for disapproval. A vetoed bill can still become law if two-thirds of each house vote to override the veto. If the bill is sent to the Governor when the Legislature is out of session, different rules apply.
If the bill passes this stage, it is sent to the President. If the President approves, it is signed and becomes law. If the President does not approve, they may veto the bill, or take no action for 10 days while Congress is in session, in which case it becomes law automatically. If Congress has adjourned, this is a 'pocket veto', and the bill will be vetoed by default and cannot be overridden. If the President vetoes the bill, Congress may still attempt to override the veto with a two-thirds majority in both the Senate and the House.
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