Understanding Lawmaking: Chapter 13 Unpacked

The process of how a bill becomes a law is a complex one, and it differs slightly depending on the country and region. In the United States, the legislative branch of the government, known as Congress, is responsible for creating and modifying laws. This process begins with the introduction of a bill, which can be proposed by a member of the Senate or House of Representatives, or even by citizens and advocacy groups. The bill is then assigned to a committee, discussed, and researched before being put up for a vote. If the bill passes in one body of Congress, it moves to the other body, where it undergoes a similar process. Once both bodies approve, they work together to create a unified bill, which is then presented to the President for approval. The President can choose to approve and sign the bill into law or veto it. However, in most cases, Congress has the power to override a presidential veto and pass the bill into law anyway. Understanding how a bill becomes a law is crucial for comprehending the law-making process and the functioning of the government.

How a bill is introduced

The process of introducing a bill begins with an idea. This idea 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 who recommend a new or amended law to a member of Congress that represents them.

Once a representative sponsors a bill, it is then introduced. In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk's desk. Only representatives can introduce bills in the House of Representatives. A bill clerk then assigns it a number that begins with H.R. and the bill is labelled with the sponsor's name. A reading clerk then reads the bill to all the representatives, and the Speaker of the House sends the bill to one of the House standing committees.

In the Senate, members must gain recognition from the presiding officer to announce the introduction of a bill during the morning hour. If any senator objects, the introduction of the bill is postponed until the next day. The bill is then assigned a number (e.g. S 1) and sent to the Government Printing Office (GPO) where copies are made. Senate bills can be jointly sponsored and members can co-sponsor the legislation.

The committee stage

Referral to Committee:

Once a bill is introduced, the Speaker of the House or the presiding officer in the Senate refers it to the appropriate committee. The referral decision is often made by the House or Senate parliamentarian. Committees are composed of groups of Representatives or Senators with expertise in specific areas, such as agriculture, education, or international relations.

Subcommittee Review:

Committees may refer bills to subcommittees for further study and hearings. Subcommittees are specialised groups organised under the main committees. They examine the bill closely, gather expert opinions, and make changes before sending it back to the main committee.

Committee Hearings:

The committee may hold hearings to better understand the implications of the bill. Hearings allow for the presentation of various viewpoints, including those of the executive branch, experts, public officials, supporters, and opponents of the legislation. These hearings help the committee members evaluate the bill and determine its chances of passage by Congress.

Committee Vote:

After reviewing and discussing the bill, the committee members vote on whether to send it back to the House or Senate floor. If the committee does not act on a bill, it is considered "dead" and will not proceed further in the legislative process.

Mark-up Session:

If the committee approves a bill, they hold a "mark-up" session to make revisions and amendments. If substantial changes are made, the committee may introduce a "clean bill" with the proposed amendments, discarding the old version.

Committee Report:

After the mark-up session, the committee staff prepares a written report explaining their support for the bill and their reasons for making any amendments. Committee members who disagree with the bill may include a dissenting opinion in the report. This report is sent back to the full chamber and placed on the calendar for further action.

Rules Committee (House-specific):

In the House, most bills go to the Rules Committee, which adopts rules governing the procedures for the bill's consideration. These rules can include strict time limits on debate and restrictions on introducing amendments, significantly impacting the bill's chances of passage.

Voting by the full chamber

Once a bill has been introduced, assigned to a committee, and reported back to the floor, it is ready to be voted on by the full chamber. In the U.S. House of Representatives, there are three methods for voting on a bill: viva voce, division, and recorded. In a viva voce vote, the Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it to say "no." In a division vote, the Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted. In a recorded vote, Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present if they don't want to vote on the bill. If a majority of Representatives vote yes, the bill passes in the House and is then certified by the Clerk of the House before being delivered to the U.S. Senate.

In the Senate, voting is done by voice. Senators who support the bill say "yea," and those who oppose it say "nay." If a majority of Senators say "yea," the bill passes in the Senate and is ready to be sent to the President.

It is important to note that the House and Senate have some procedural differences in their lawmaking processes. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. Additionally, only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate engages in deliberation and debate prior to voting.

The role of the president

If the president approves the bill, they will sign it, and it will become a law. However, if they do not agree with the bill, they can veto it. In most cases, Congress can override this veto with a two-thirds majority vote in both the House and the Senate, and the bill will still become a law. But if Congress is not in session, and the president does not sign off on the bill, it will be pocket vetoed and cannot be overridden by Congress. This power of veto gives the president significant influence over Congress and legislation.

The president also has the ability to use executive privilege to withhold certain information from Congress and the courts. They can also make signing statements, which accompany legislation and allow them to point out sections of the law they consider unconstitutional.

Overriding a veto

The President has the authority to veto a bill, or prevent it from becoming law. However, Congress can override a veto and enact a measure into law.

If the President vetoes a bill, it is sent back to Congress with a note listing their reasons. The bill then returns to its House of origin, where objections to the veto are read and debated on the House Floor. If there are enough objections to the veto, a vote is taken to override it. A two-thirds vote or greater is needed in both the House and the Senate to override the President's veto. If two-thirds of both houses of Congress vote successfully to override the veto, the bill becomes a law.

If the House does not vote on a veto override, the bill is stalled and does not become a law.

Frequently asked questions