How Resolutions Become Laws: A Comprehensive Guide

In the United States, a resolution is a proposal made in writing, while a motion is a proposal made verbally. Resolutions are adopted by a deliberative body, such as a corporation's board or the house of a legislature. In many legislative bodies, a resolution is the term for a motion that has been approved.

Resolutions are not laws, but under certain circumstances, they can have the effect of a law. Resolutions are often used when the passage of a law is unnecessary or unfeasible, or to express the body's approval or disapproval of something that they cannot otherwise vote on.

There are four types of resolutions: joint resolutions, concurrent resolutions, simple resolutions, and bills. The first three are types of Congressional action. Bills are the form used for most legislation, while the other three are used for more specific purposes.

For a resolution to become a law, it must be passed in identical form by both Chambers of Congress and signed by the President.

The four principal forms of Congressional Action

The work of Congress is initiated by the introduction of a proposal in one of four principal forms: the bill, the joint resolution, the concurrent resolution, and the simple resolution. Here is a detailed description of each of these four forms:

Bills

Bills are the most common form of legislation and can be used for permanent, temporary, general, special, public, or private legislation. They are designated by the letters "H.R." if they originate in the House of Representatives or by a number if they originate in the Senate. Bills must be approved by both the House of Representatives and the Senate in identical form before being presented to the President for action.

Joint Resolutions

Joint resolutions can originate in either the House of Representatives or the Senate and are subject to the same procedures as bills, except when proposing an amendment to the Constitution. In this case, they must be approved by two-thirds of both the House and the Senate and are sent directly to the Administrator of General Services for submission to the individual states for ratification, without being presented to the President for approval. Joint resolutions are designated as "H.J.Res." if they originate in the House.

Concurrent Resolutions

Concurrent resolutions are used for matters affecting the operations of both the House of Representatives and the Senate. They are approved by both chambers and signed by the Clerk of the House and the Secretary of the Senate. Concurrent resolutions originating in the House are designated as "H.Con.Res."

Simple Resolutions

Simple resolutions are used for matters concerning the operation of either the House of Representatives or the Senate alone. They are not presented to the President for action. A simple resolution affecting the House of Representatives is designated as "H.Res."

The process of a bill becoming a law

In the United States, laws begin as ideas. These ideas 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 citizen groups. A bill is a proposal for a new law or a change to an existing law.

Once a bill is drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. A bill introduced in the House of Representatives is designated by the letters "H.R.", signifying "House of Representatives", followed by a number that it retains throughout all its parliamentary stages.

After a bill is introduced, it is referred to a committee. Both the House and Senate have various committees composed of groups of Congress members with specific interests and expertise in different topics. The committee carefully examines the bill and determines its chances of passage by the entire Congress. The committee may hold hearings to better understand the implications of the bill and gather expert opinions. If the committee does not act on a bill, it is considered "dead".

Subcommittees are organised under committees and have further specialisation on specific topics. Committees may refer bills to a subcommittee for study and hearings. The subcommittee can make changes to the bill and must vote to refer it back to the full committee.

When 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 the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

Once the bill reaches the floor, there is additional debate, and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' vote. When a bill passes in one chamber of Congress, it is referred to the other chamber, where it goes 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 President then considers the bill and can choose to approve the bill and sign it into law, or veto it. If the President chooses to veto a bill, Congress may attempt to override the veto, and if two-thirds of both the Senate and the House pass the bill, it becomes a law. If the President does nothing for ten days while Congress is in session, the bill automatically becomes law. This is known as a "pocket veto".

The difference between a resolution and a bill

In law, a resolution is a motion, often in writing, that is adopted by a deliberative body, such as a legislature or a board of directors. On the other hand, a bill is a proposal for congressional action, which can be introduced in either the House or the Senate. While resolutions are often used for internal matters or to express approval or disapproval, bills are the primary vehicle for proposing legislation and dealing with domestic and foreign issues.

Resolutions

In the context of a corporation, a written resolution is often used for real estate transactions, opening bank accounts, or issuing shares. In a legislative body, a resolution is a way to express approval or disapproval of something that the body cannot otherwise vote on due to jurisdictional or constitutional reasons. For example, a resolution may be used to express support for troops in battle, but it carries no legal weight.

Resolutions can also be used to exercise specific powers, such as electing a Speaker or impeaching an officer of the government. There are different types of resolutions, including joint resolutions, concurrent resolutions, and simple resolutions. Joint resolutions may originate in either the House or the Senate and are used for proposing amendments to the Constitution. Concurrent resolutions address matters impacting both the House and the Senate, such as setting the time for Congress' adjournment. Simple resolutions address matters within the prerogative of one house, such as revising the standing rules of one chamber.

Bills

Bills are the most common form of legislation and can be either public or private. Public bills pertain to matters that affect the general public or classes of citizens, while private bills affect specific individuals or organizations. Bills are designated with "H.R." when introduced in the House and "S." when introduced in the Senate, followed by a number based on the order they are introduced. When bills are passed in identical form by both chambers of Congress and signed by the President, they become laws.

In summary, the key difference between a resolution and a bill is that a resolution is often used for internal matters or to express approval or disapproval, while a bill is a formal proposal for legislation that can become a law when passed by both chambers of Congress and signed by the President. Resolutions do not typically become laws but are used to express the sentiment of one or both chambers or to exercise specific powers.

What is a joint resolution?

A joint resolution is one of four types of legislation that can be passed by the US Congress, the others being simple resolutions, concurrent resolutions, and bills. Joint resolutions are introduced simultaneously in the House of Representatives and the Senate and, like bills, require approval in identical form by both chambers to become law. The president then signs the resolution into law or Congress can override a presidential veto.

There is little practical difference between a bill and a joint resolution. However, a joint resolution originating in the Senate is designated by the letters "S.J.Res." followed by a number, while joint resolutions introduced in the House of Representatives are designated "H.J.Res." and a number.

Joint resolutions are generally used for short-term, ad hoc changes to American law, such as authorising emergency appropriations, creating temporary commissions, or making temporary exceptions to existing laws. They are also used for proposing amendments to the US Constitution, which require approval by two-thirds of both chambers and three-fourths of the states, but do not need the president's signature.

Joint resolutions have become the preferred method for proposing significant changes to US policy, such as declarations of war or authorisations of the use of force, as they demonstrate national unity.

The role of the President in the process

In the United States, a resolution is a proposal made in writing, while a motion is a verbal proposal. Resolutions are different from laws as they are limited to a specific issue and are not intended to be permanent. Houses of a legislature often adopt non-binding resolutions, which do not become laws.

The work of Congress is initiated by the introduction of a proposal in one of four principal forms: the bill, the joint resolution, the concurrent resolution, and the simple resolution. A bill is the form used for most legislation and is presented to the President for action when approved in identical form by both the House of Representatives and the Senate.

The President's role in the process of a resolution becoming a law depends on the type of resolution. Joint resolutions, which require passage by the Senate and the House of Representatives, are presented to the President for their approval or disapproval. They must be signed by the President to become a law, unless Congress overrides a presidential veto.

On the other hand, concurrent and simple resolutions do not need to be presented to the President for action. Concurrent resolutions are used for matters affecting the operations of both the House of Representatives and the Senate, while simple resolutions are for matters concerning only one of these bodies.

While the Constitution does not establish a role for the President in amending it, some Presidents have played an informal, ministerial role in transmitting Congress's proposed amendments to the states for potential ratification. For example, President George Washington sent the first twelve proposed amendments, including the Bill of Rights, to the states for ratification after Congress approved them. However, the Supreme Court has articulated the view that the President has no formal constitutional role in the amendment process and cannot veto a proposed amendment.

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