The Legislative Process: Bill To Law

The process of how a bill becomes a law is a complex one, and there are many steps and procedures that must be followed. This process can differ depending on the location and the type of law being passed. For example, in the US, the process of turning a bill into federal law involves the Senate and the House of Representatives. There are also different procedures for different types of laws, such as the U.S. P.A.T.R.I.O.T. Act or Trumpcare, which was passed under a Republican-controlled house and senate. One School’s Fight: The Making of a Law is a documentary that follows a school's journey to get a bill passed in Congress to solve its funding problem, providing an insightful look at how federal laws are made.

The role of the Senate

The United States Congress is made up of the House of Representatives and the Senate, and it is this body that has the power to enact legislation. The Senate plays a crucial role in the process of turning a bill into a law.

Once a bill has been introduced by a representative and passed by a simple majority in the House of Representatives, it moves to the Senate. Here, it is assigned to another committee for review. The Senate has 17 committees, with 70 subcommittees, each overseeing a specific policy area. The committees are not fixed and can change with each new Congress to ensure the efficient consideration of legislation.

The bill is first considered in a subcommittee, where it may be accepted, amended, or rejected. If the subcommittee agrees to move the bill forward, it is reported to the full committee, where the process is repeated. The committees and subcommittees call hearings, inviting experts, advocates, and opponents to provide testimony, and they can compel people to appear if necessary.

If the full committee approves the bill, it is reported to the floor of the Senate, and the majority party leadership decides when to place it on the calendar for consideration. The Senate has an unlimited debate on most bills, and any amendment can be introduced. Senators can use this to filibuster a bill, delaying its passage by refusing to stand down. However, a supermajority of 60 senators can break a filibuster and force a vote.

For a bill to pass the Senate, it needs a simple majority of 51 out of 100 senators. If the Senate makes changes to the bill, it must return to the House of Representatives for concurrence. A conference committee, consisting of members from both chambers, is then formed to work out any differences and produce a final version of the bill. This resulting bill then returns to the House and Senate for final approval.

The role of the House of Representatives

The United States Congress is made up of two chambers: the House of Representatives and the Senate. The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. There are also six non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories. Members of the House are elected every two years and must be 25 years of age, a US citizen for at least seven years, and a resident of the state they represent.

The House has several powers that are exclusive to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an Electoral College tie. The House is presided over by the Speaker of the House, who is elected by the Representatives and is third in the line of succession to the Presidency.

The first step in the legislative process is the introduction of a bill to Congress. A bill is sponsored by a representative and is then assigned to a committee for study. If the committee approves, the bill is put on a calendar to be voted on, debated, or amended. If the bill passes by a simple majority (218 out of 435), it moves on to the Senate.

In the Senate, the bill is assigned to another committee. If it is released by the committee, it is debated and voted on. Again, a simple majority (51 out of 100) is needed to pass the bill. Finally, a conference committee made up of members from both the House and the Senate works to reconcile any differences between the two versions of the bill. The resulting bill returns to the House and Senate for final approval.

The House of Representatives, along with the Senate, plays a crucial role in the legislative process by introducing, debating, and voting on bills. The House has the power to initiate revenue bills and plays a key role in overseeing and reforming government operations.

How to pass a bill with a Republican-controlled house and senate

The process of passing a bill into law is a complex one, and when a single party controls both the House and the Senate, it can present unique challenges and opportunities. Here are some key considerations for navigating the legislative process with a Republican-controlled Congress:

Understanding the Legislative Process

Firstly, it's crucial to understand the standard legislative process. Anyone can write a bill, but only members of Congress can introduce legislation. The bill is then assigned to a committee for review and study. If the committee approves, the bill moves to the House floor for debate and a vote. A simple majority of 218 out of 435 votes are needed to pass the bill in the House. After passing the House, the bill goes through a similar process in the Senate, requiring a simple majority of 51 out of 100 votes. If both chambers approve the bill, a conference committee reconciles any differences between the two versions. The final bill is then sent to the President for approval.

The Hastert Rule

In a Republican-controlled House, the Hastert Rule, also known as the "majority of the majority" rule, can significantly impact the legislative process. This informal principle guides Republican Speakers of the House in maintaining their speakership and limiting the minority party's power. Under this rule, the Speaker will not schedule a floor vote on a bill unless it has the support of a majority of the Republican caucus. This rule gives the Speaker considerable power to shape the legislative agenda and prevent bills from reaching the floor that do not align with the party's priorities.

Strategies for Success

To pass a bill in a Republican-controlled Congress, it is crucial to build support within the Republican caucus. Engaging with Republican members early and often is essential. Find common ground and emphasise the benefits of the bill to their constituents. Build relationships with key Republican committee members, as their support can influence the bill's progress. Additionally, consider the timing of your bill's introduction. Is there a pressing need or event that makes your bill particularly relevant? This could create a sense of urgency and increase its chances of passage.

Furthermore, don't underestimate the power of public opinion. Generating public support for your bill can influence Republican members to get on board. Engage with the media, utilise social media campaigns, and build a broad coalition of supporters to put pressure on Congress. Finally, be prepared to negotiate and make concessions. Compromise is often necessary to gain the support of enough Republicans to pass your bill.

Passing a bill through a Republican-controlled Congress is a challenging task that requires a deep understanding of the legislative process, effective lobbying, and strategic timing. By building support, utilising public opinion, and making careful concessions, it is possible to navigate this complex process successfully.

How a bill becomes a federal law

In the United States, the process of turning a bill into a federal law involves several key steps, from the initial proposal of an idea to the final approval and enactment of the bill as a law. Here's a detailed overview of the journey a bill takes to become a federal law:

Proposal and Sponsorship

A bill starts as an idea, which 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 Representative has written a bill, it needs a sponsor. The Representative discusses the bill with other Representatives to gain their support.

Once a bill has a sponsor and sufficient support, it is introduced in the U.S. House of Representatives by placing it in the hopper, a special box on the side of the clerk's desk. A bill clerk assigns it a number, and a reading clerk reads it aloud to all Representatives. The Speaker of the House then sends the bill to a standing committee.

Committee Review and Revision

The committee, composed of Representatives who are experts in relevant topics, reviews, researches, discusses, and makes changes to the bill. If more information is needed, the bill is sent to a subcommittee for closer examination and to gather expert opinions. After revisions, the committee votes on whether to send the bill back to the House floor.

Floor Debate and Voting

Once the bill is reported to the House floor, Representatives debate it, explaining their agreements or disagreements. A reading clerk reads the bill section by section, and Representatives recommend changes. After all revisions, the bill is voted on using one of three methods: viva voce (voice vote), division, or recorded electronic voting. If the bill passes in the House, it is certified and delivered to the U.S. Senate.

Senate Consideration and Voting

In the Senate, the bill goes through similar steps as in the House. It is discussed in a Senate committee, reported to the Senate floor, and debated. Senators vote by voice, with supporters saying "yea" and opponents saying "nay." If the bill passes in the Senate, it is ready to be sent to the President.

Presidential Approval or Veto

When a bill reaches the President, they have several options. They can sign and pass the bill into law, or they may refuse to sign it, exercising their veto power. If vetoed, the bill is sent back to the House with the President's reasons. If both the House and Senate still support the bill, they can hold another vote, and if two-thirds of both chambers support it, they can override the veto, and the bill becomes a law. Alternatively, the President can do nothing, resulting in a pocket veto if Congress is not in session, or the bill becomes law after 10 days if Congress remains in session.

The process of turning a bill into a federal law involves careful consideration, debate, and voting in both chambers of Congress, followed by presidential approval. While the journey may vary for each bill, this outline provides a structured framework for understanding how laws are made in the United States.

The U.S. P.A.T.R.I.O.T. Act as an example

The USA PATRIOT Act was passed by the US Congress in 2001 as a response to the September 11 attacks. The Act's purpose was to deter and punish terrorist acts in the United States and around the world, and to enhance law enforcement investigatory tools. The Act was passed by the Senate with a vote of 98-1 and by the House of Representatives with a vote of 357-66. The Act's provisions include:

• Allowing law enforcement to use surveillance against more crimes of terror
• Allowing federal agents to follow sophisticated terrorists trained to evade detection
• Allowing federal agents to conduct investigations without tipping off terrorists
• Allowing federal agents to ask a court for an order to obtain business records in national security terrorism cases
• Allowing victims of computer hacking to request law enforcement assistance in monitoring the "trespassers" on their computers
• Increasing the penalties for those who commit terrorist crimes

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