The Legislative Process: From Bill To Law

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The process of how a bill becomes a law is complex and lengthy. It involves a series of amendments and votes in both houses, navigating committees, compromise bills, and floor votes. The bill must then be approved by the President, who has the power to veto it. If the President does not sign or veto the bill and Congress remains in session for more than 10 days, it automatically becomes a law. This complex process is designed to prevent the passage of dangerous or tyrannical laws and ensure that only well-vetted bills become laws.

Characteristics Values
Where does a bill start? As an idea from a congressman, a senator, their constituents, an interest group, or the executive branch
What happens once a bill is introduced? It is referred to a relevant committee
What happens if a bill gets a majority vote in a committee in the Senate? It is voted to be an "open rule" (amendments allowed) or a "closed rule" (no amendments) debate, and then it goes to the House if it gets a majority vote
What happens if a bill gets a majority vote in the Senate? It goes to the Rules Committee of the House before it can get to the floor. It passes the House with a majority vote, as long as it is the same bill that passes both houses
What happens if one house of Congress isn't happy with the bill from the other side? It heads to a conference committee, which is composed of members of both houses, who come up with a compromised bill that will try to pass both houses again
What happens if a bill is vetoed by the president? It's dead unless it gets a 2/3 vote in both houses
What happens if the President neither signs nor vetoes a bill, and Congress is still in session for more than 10 days later? It automatically becomes a law
How can a bill die? The Speaker or Majority Leader can refuse to refer it to a committee; the committee can choose not to vote on it; it might not get a majority vote in the committee; the entire House can decide to recommit the bill to the committee, which means that it needs to be dropped or significantly changed; the Senate leadership can refuse to schedule a vote on it; senators can filibuster a bill (monologue until the debate time for the bill has expired); presidential veto

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A bill's introduction

The introduction of a bill marks the formal beginning of the legislative process. A bill is typically introduced by a member of Congress, such as a congressman or a senator, but the idea for the bill can come from various sources, including interest groups, the executive branch, or even the constituents themselves. Once a bill is introduced, it is referred to a relevant committee, which will then work on drafting the bill in formal, legal language.

Committees play a crucial role in shaping the bill before it is presented for a vote. The committee will discuss, debate, and make amendments to the bill. They may also invite experts and stakeholders to provide testimony and input on the bill. This committee process is designed to ensure that the bill is thoroughly vetted and refined before progressing further.

The specific committee a bill is assigned to depends on the subject matter and the chamber of Congress where it originates. For example, a bill related to healthcare policy might be referred to the Senate Health, Education, Labor, and Pensions Committee or the House Committee on Energy and Commerce. Each committee has its own set of rules and procedures for considering legislation.

During the committee stage, the bill is open to amendments and revisions. Committee members can propose changes, additions, or deletions to the bill's language. This process allows for a more detailed examination of the bill and enables experts in the relevant field to provide input. The committee will also hold a vote on the bill, known as a "markup," to determine if it should advance to the next stage.

If the bill receives a majority vote in the committee, it will then move to the floor of the full chamber for further consideration and debate. At this stage, the bill is again open to amendments, and members of the chamber can propose changes or additions. The chamber will then hold a final vote on the bill, and if it receives a majority of votes, it will pass to the other chamber of Congress.

In summary, the introduction of a bill sets in motion the legislative process. It involves a member of Congress presenting an idea or proposal, which is then referred to a relevant committee for discussion, debate, and amendment. The committee process is a critical step in refining the bill and ensuring it is well-considered before progressing to the chamber floor for a vote.

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The role of committees

The committee stage is where a bill can be amended, and the Senate decides the rules for debate, including how long the debate will last and whether or not there will be amendments. An open rule allows for amendments, while a closed rule does not. Open rules make it less likely for a bill to pass, as proponents of the bill can add clauses that will make it difficult for the bill's supporters to vote for it. If a bill's opponents add a controversial clause, for example, some supporters may choose not to vote for it.

The committee stage is also where a bill can be killed. The committee can choose not to vote on the bill, or it might not get a majority of votes. The entire House can also decide to recommit the bill to the committee, which usually means it needs to be dropped or significantly changed.

If a bill passes the committee stage, it will then go to the Rules Committee of the House before it can be voted on by the full House.

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Votes in both houses

The process of how a bill becomes a law is complex, with many opportunities for a bill to die. After being introduced by a congressperson, a bill must navigate a series of amendments and votes in both houses, as well as committees, compromise bills, and floor votes, before potentially ending up on the president's desk.

It is rare for the same bill to pass both houses without any changes. Usually, the second house will want to make amendments to the bill. In this case, the bill will go to a conference committee, which is made up of members from both houses. The conference committee will work to create a compromise bill that can pass both houses. If they are successful, the compromise bill will be sent back to both houses for a new vote.

If a bill passes both houses, it will then be sent to the president. The president has the power to sign the bill into law, veto it, or do nothing. If the president vetoes the bill, it can still become a law if it receives a two-thirds majority vote in both houses. If the president does nothing and Congress remains in session for more than 10 days after passing the bill, it will automatically become a law.

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The President's involvement

If a bill passes through both houses of Congress, it is sent to the President. The President then has the option to sign the bill, veto it, or use the "pocket veto". If the President chooses to sign the bill, it becomes a law. On the other hand, if the President vetoes the bill, it will only become a law if Congress can override the veto with a 2/3 majority vote in both houses.

The "pocket veto" is a unique option available only at the end of a congressional term. If the President neither signs nor vetoes the bill and Congress goes out of session within the next 10 days, the bill does not become a law. This option is typically used when the President does not want a law to pass but does not want to veto it for political reasons. Congress can avoid this outcome by passing bills and presenting them to the President before the 10-day period ends.

In summary, while the President has the power to veto a bill, this is not the end of the road for a bill to become a law. Congress can override the veto, and the President's veto power is often influenced by the level of support a bill has in Congress. Additionally, the "pocket veto" option allows the President to indirectly block a bill from becoming a law, but this can be avoided by timely action from Congress.

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Overriding a veto

The process of how a bill becomes a law can be complex, with many opportunities for a bill to "die". Even after successfully navigating a series of amendments and votes in both houses, a bill can be stopped in its tracks by a presidential veto. However, a presidential veto is not the definite end for a bill. Congress has the power to override the president's veto, which can result in the bill becoming a law despite the president's objections.

The veto power is granted to the president by the Constitution, which outlines that the president can refuse to sign legislation they do not approve of. This is a check on the power of the legislative branch, preventing it from becoming too powerful. The veto allows the president to review acts passed by Congress and block measures they find unconstitutional, unjust, or unwise.

To override a veto, Congress must vote again on the vetoed bill, but this time, a two-thirds majority in both the Senate and the House is required for the bill to pass. Achieving this supermajority is rare, as it indicates overwhelming support for the bill among Congress members. If the bill receives a two-thirds majority in both houses, it becomes a law, overriding the president's veto.

It is important to note that a pocket veto cannot be overridden. A pocket veto occurs when Congress adjourns during the ten-day period after passing a bill, and the president does not sign it. In this case, the president's inaction effectively kills the bill, and Congress does not have the opportunity to override it.

Frequently asked questions

The first formal step is for a congressperson to introduce the bill.

The bill is sent to a relevant committee.

It goes to the House, but first to the Rules Committee of the House.

The bill automatically becomes a law.

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