The process of how a bill becomes a law is a complex journey. It involves many steps and stages, and the involvement of multiple stakeholders. The transformation of a bill into a law is a critical function of any democratic government, and it is a process that impacts the lives of citizens in numerous ways. In the United States, the journey of a bill to becoming a law involves the U.S. House of Representatives, the U.S. Senate, and the President. This process is a collaborative effort, requiring the approval of all three branches of government. The bill undergoes drafting, discussion, amendment, and voting before it can become a law. This choose your own adventure will take you through the steps and decisions involved in turning a bill into a law, and the key players who influence this transformation.
Characteristics | Values |
---|---|
Number of steps | 9 |
First step | A bill is drafted |
Second step | The bill is introduced |
Third step | The bill goes to committee |
Fourth step | Subcommittee review of the bill |
Fifth step | Committee mark up of the bill |
Sixth step | Voting by the full chamber on the bill |
Seventh step | Referral of the bill to the other chamber |
Eighth step | The bill goes to the president |
Ninth step | Overriding a veto |
What You'll Learn
The Bill Is Proposed
The legislative process begins with a new policy idea. 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 suggested by citizens or advocacy groups. Citizens who have ideas for laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills. The primary Congress member supporting the bill is called the "sponsor", and other members who support the bill are called "co-sponsors".
When a Representative has written a bill, it needs a sponsor. The Representative talks with other Representatives about the bill, hoping to get their support. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.
The bill is then drafted. Bill drafting requires specialised legal training and is usually carried out by the staff of New York State's Legislative Bill Drafting Commission. Sometimes, an interest group may have its own attorneys draft a bill, and lawyers working in state agencies and the executive branch often submit their ideas for legislation in bill form.
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The Bill Is Introduced
Now that the bill has been 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. 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. 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 is postponed until the following day. Once introduced, a bill can be found on the official government website, Congress.gov, which tracks federal legislation.
When a bill is introduced in the House, a bill clerk assigns it a number that begins with H.R. It is then labelled with the sponsor's name. The bill is sent to the Government Printing Office (GPO) and copies are made. The 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.
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The Bill Goes to Committee
Once a bill is introduced, it is referred to a committee. Both the House and Senate have various committees composed of groups of Congress members who are experts on specific topics such as agriculture, health, education, or international relations. When a bill is in the hands of the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on record. If the committee does not act on a bill, the bill is considered to be "dead".
Committees often hold public hearings on bills to gather the widest possible range of opinions. Citizens can share their opinions on a proposed bill with their Senate representative for relay to the committee members. The committee system acts as a funnel through which a large number of bills must pass before they can be considered. The system also acts as a sieve to sift out undesirable or unworkable ideas.
Subcommittees are organized under committees and have further specialization on a certain topic. Often, committees refer bills to a subcommittee for study and their own hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee. If the committee members would like more information before deciding if the bill should be sent to the House floor, the bill is sent to a subcommittee. While in the subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.
After the hearings and subcommittee review are completed, the committee will meet to "'mark up' the bill". They make changes and amendments prior to recommending the bill to the "floor". If a committee votes not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".
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The Bill Is Voted On
Now that the bill has been reported, it's time for the moment of truth: the vote. In the U.S. House of Representatives, there are three methods for casting a vote: viva voce, division, and recorded. In a viva voce vote, the Speaker of the House asks supporters of the bill to say "aye" and opponents to say "no." In a division vote, supporters and opponents of the bill stand up and are counted. In a recorded vote, Representatives use an electronic voting system to record their votes as yes, no, or present if they don't want to vote.
If a majority of Representatives vote yes, the bill passes in the House and is certified by the Clerk of the House before being sent to the U.S. Senate. On the other hand, if the bill fails to secure a majority vote, it is defeated and does not proceed further—at least, not in its current form.
The voting process in the Senate differs from that of the House. Senators vote by voice, with supporters saying "yea" and opponents saying "nay." If a majority of Senators vote in favor, the bill passes in the Senate and moves on to the President. However, if the Senate fails to pass the bill, it does not advance, and the legislative process comes to a halt—at least for that particular bill.
It's worth noting that the Senate has the option of invoking cloture, which limits debate and can prevent a filibuster, where a Senator speaks for an extended period to delay or block a vote.
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The Bill Is Sent to the President
When a bill reaches the President's desk, it has already been through a long journey, passing through committees and votes in both the House of Representatives and the Senate. But the President has the final say on whether it becomes a law.
The President has three choices when a bill is sent to them. Firstly, they can sign and pass the bill, and it becomes a law. Secondly, they can refuse to sign or veto the bill, sending it back to the House of Representatives with their reasons for the veto. If the House and the Senate still believe the bill should become law, they can hold another vote, and if two-thirds of Representatives and Senators support the bill, the President's veto is overridden, and the bill becomes a law. Thirdly, the President can do nothing, which is known as a 'pocket veto'. If Congress is in session, the bill will automatically become law after 10 days of inaction. However, if Congress is not in session, the bill will not become law.
The President's role in the process of a bill becoming a law is a crucial one. They have the power to pass a bill without any further action, but they can also prevent a bill from becoming law through a veto. However, Congress can override this veto, demonstrating the system of checks and balances in action.
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law.
Anyone can propose a bill. Ideas for bills 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.
Once a bill is proposed, it must be drafted. If the idea for the bill comes from a citizen or citizen group, a member of Congress who represents them will draft the bill. Bill drafting requires specialized legal training and is usually carried out by the staff of the Legislative Bill Drafting Commission.
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.