Playing Politics: How A Bill Becomes A Law

Teaching students about the legislative process and how a bill becomes a law can be challenging. However, board games and interactive activities offer a fun and engaging solution to this problem. These games provide an opportunity for students to actively participate in the learning process, deepening their understanding of complex concepts in a way that is both enjoyable and memorable.

What is a law?

Law is a set of rules created and enforced by social or governmental institutions to regulate behaviour in a community. The precise definition of law is a matter of longstanding debate, but it is generally understood as a system of rules and guidelines that govern behaviour and are enforced by social institutions.

The word 'law' is derived from the Old English 'lagu', which comes from the Old Norse word 'lǫg'. The singular form 'lag' meant 'something laid or fixed', while the plural form meant 'law'.

Laws are typically made by a government and are used to order the way in which a society behaves. They can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedents in common law jurisdictions. An autocrat may also create laws within their realm.

The creation of laws may be influenced by a constitution, written or unwritten, and the rights contained therein. Laws shape politics, economics, history, and society and serve as a mediator of relations between people.

Legal systems vary between jurisdictions, and the scope of law can be divided into two domains: public law and private law. Public law concerns government and society, including constitutional law, administrative law, and criminal law. On the other hand, private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts, and commercial law.

Law is also a field of study and an academic discipline that examines the nature, use, and effects of laws and legal systems.

Who makes the laws?

The U.S. Congress is the federal government's lawmaking branch. It consists of the Senate and the House of Representatives, with each body having equal legislative powers.

The House of Representatives is responsible for creating laws, which is considered its most important job. All laws in the United States begin as bills, which can be proposed by a sitting member of the U.S. Senate or House of Representatives, or be proposed during their election campaign. Bills can also be petitioned by citizens or citizen groups who recommend a new or amended law to their representative. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to the bill. The bill then goes through a process of floor votes, filibusters, and conference committees before reaching the President's desk to be signed into law.

The Senate also plays a crucial role in lawmaking. While both chambers are equal in function, there are some key differences in their procedures. For example, only the House can initiate tax and revenue-related legislation, while the Senate handles legislation related to presidential nominations and treaties. Additionally, the House processes legislation through a majority vote, whereas the Senate prioritizes deliberation and debate before voting.

How is a bill proposed?

A bill is a proposal for a new law or a change to an existing one. Most bills are introduced into the House of Representatives and then sent to the Senate. Bills may start in the Senate, except for money and taxation bills.

Most bills are introduced by government ministers, but other members of parliament can introduce their own bills, known as private members' or private senators' bills. Bills are often drafted by public servants on behalf of a minister and formally approved by the government before they are introduced into Parliament.

If a Minister wants to introduce a bill, they usually give written notice of their intention to do so. In the House of Representatives, the Minister lodges their written notice with the Clerk of the House, who arranges for the bill to be listed on the Notice Paper (the House's agenda of business). Notice is not necessary for bills that appropriate money or deal with taxation.

When the notice is reached during the following day's business, the Minister presents the bill, and the Clerk reads out its title. This is known as the first reading. In the House, the first reading is a formality, and no vote is taken. The bill is introduced to Parliament.

The Minister then moves that the bill be read a second time and makes a speech explaining the purpose, general principles, and effect of the bill. This is known as the second reading speech. At the end of the speech, debate is usually adjourned to allow members time to study the bill and its effects and to provide an opportunity for public discussion and reaction. Urgent bills might be debated right away.

The second reading debate considers the principles of the bill and is typically the most substantial debate. Amendments may be moved at this stage but do not affect the text of the bill and are generally used to express an opinion about the bill or related policy issues. At the end of the debate, the House votes on the motion, and if agreed to, the Clerk reads the title again, signifying that the bill has been agreed to in principle.

What happens if a bill is filibustered?

The filibuster is a procedure in the Senate that allows for unlimited debate, which can be used to delay or prevent a vote on a bill, resolution, amendment, or other debatable question. If a bill is filibustered, it means that a supermajority of 60 votes is required to cut off debate and move to a vote, instead of the simple majority of 51 votes.

The filibuster has been used to delay or block a vote on a piece of legislation or a confirmation. It can be used as a tactic to indefinitely delay a bill without supermajority support from ever getting to a vote. This can slow down the business in the chamber and entangle the Senate in procedural maneuvering instead of substantive debate and lawmaking.

There are two types of filibusters: "talking" and "silent". A "talking" filibuster involves long speeches in which a senator attempts to block a vote by refusing to yield the floor. A "silent" filibuster occurs when a group of 41 or more senators threatens a filibuster, and the Senate majority leader can refuse to call a vote.

The filibuster has been the subject of debate and calls for reform or elimination, as it has been used to block civil rights legislation and impede the expansion of American democracy and the rights of eligible voters. There are several options for modifying or eliminating the filibuster, including changing the text of Senate Rule 22, creating a new Senate precedent, or placing restrictions on its use.

What is a veto?

A veto is a legal power to unilaterally stop an official action. In most cases, a president or monarch vetoes a bill to stop it from becoming law. The word "veto" comes from the Latin for "I forbid". The concept of a veto originated with the Roman offices of consul and tribune of the plebs. There were two consuls every year; either consul could block military or civil action by the other. The tribunes had the power to unilaterally block any action by a Roman magistrate or the decrees passed by the Roman Senate.

The veto power is defined in Article 1, Section 7 of the US Constitution. In a "regular" veto, the president returns a bill to Congress (to the House in which it originated). The veto may be overridden by a two-thirds vote of both Houses of Congress. The Constitution also specifies that if the President does not veto or sign a bill within 10 days (excluding Sundays), it becomes a law. This prevents the President from killing legislation through simple inaction.

The exception is if Congress has adjourned before the 10 days are up, thereby preventing a possible return with a veto. In that case, the legislation does not become law. This situation permits what has been called a "pocket veto" – when the President does not return the legislation to Congress, but simply does not act. In that case, the bill does not become law.

In many countries, veto powers are established in the country's constitution. Veto powers are also found at other levels of government, such as state, provincial or local government, and in international bodies.

Frequently asked questions