The Lawmaking Journey: Essential Questions Unpacked

The process of how a bill becomes a law is a long and complex one, and it is important to understand the steps involved. In the United States, the lawmaking branch of the federal government is Congress, which consists of the House of Representatives and the Senate. Anyone can draft a bill, but only members of Congress can introduce legislation and become sponsors. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to it. The bill then goes through several stages of review and voting before being presented to the President for approval. If the President approves, the bill becomes a law. However, if the President vetoes the bill, Congress can attempt to override the veto, and the bill can still become a law if it passes with a two-thirds majority in both the House and the Senate. This process ensures that laws are carefully considered and that all sides are given the opportunity to be heard.

Who can propose a bill?

The process of a bill becoming a law is a lengthy one, and it begins with the proposal of a bill. Anyone can draft a bill, but only members of Congress can introduce legislation and become sponsors. The president, a member of the cabinet, or the head of a federal agency can also propose legislation, but a member of Congress must introduce it.

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. Once introduced, the bill is assigned a number that begins with H.R. and is then read to all the Representatives by a reading clerk.

The bill is then sent to a committee, which will research, discuss, and make changes to the bill. The committee members are groups of Representatives who are experts on various topics. If the committee does not act on a bill, it is effectively dead. The bill may also be sent to a subcommittee for further study and hearings. If the subcommittee votes against reporting legislation to the full committee, the bill dies.

Once the bill passes the committee stage, it is reported to the House floor and is ready to be debated. Representatives discuss the bill and explain their agreement or disagreement with it. Changes are recommended, and once all changes have been made, the bill is ready to be voted on.

The process of a bill becoming a law is complex and involves multiple stages, but it begins with the proposal of a bill. While anyone can draft a bill, only members of Congress can introduce legislation and become sponsors, making them key players in the legislative process.

What happens during committee action?

Once a bill is introduced, it is referred to a committee, where it is examined carefully and its chances for passage are first determined. If the committee does not act on a bill, it is effectively "killed". The committee members—groups of representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send it back to the House floor.

If the committee members would like more information before deciding, the bill is sent to a subcommittee for study and hearings. Hearings provide the opportunity to put on record the views of the executive branch, experts, other public officials, and supporters and opponents of the legislation. When the hearings are completed, the subcommittee may meet to "mark up" the bill, i.e., make changes and amendments prior to recommending the bill to the full committee. If a subcommittee votes not to report legislation to the full committee, the bill dies. If the committee votes for the bill, it is sent to the floor.

After receiving a subcommittee's report on a bill, the full committee votes on its recommendation to the House or Senate. This procedure is called "ordering a bill reported". After the debate and the approval of any amendments, the bill is passed or defeated by the members' voting.

What is a conference committee?

A conference committee is a group of members from each house of Congress that is formed to work out the differences between the House and Senate versions of a bill. The committee is usually made up of senior members who are appointed by the presiding officers of the committee that originally dealt with the bill. The representatives from each house work to maintain their version of the bill.

If the Conference Committee reaches a compromise, it prepares a written conference report, which is submitted to each chamber. The conference report must be approved by both the House and the Senate.

What is a pocket veto?

A pocket veto is a legislative manoeuvre that allows a president or other official with veto power to exercise that power over a bill by taking no action, thus effectively killing the bill without actively vetoing it.

In the United States, the Constitution grants the president ten days to review a bill passed by Congress. If the president has not signed the bill after ten days, it becomes law without their signature. However, if Congress adjourns during this ten-day period, and the president does not sign the bill, it is automatically vetoed, and this veto is absolute. This action is referred to as a pocket veto.

The pocket veto is controversial because, although there is no dispute that the president is granted the power of the pocket veto in the Constitution, it is unclear exactly when the president is able to use this tool. For example, it is uncertain whether the president can use the pocket veto during the adjournment of Congress after one session ends and a new session is about to begin with newly elected members (a period known as sine die), or whether it is meant to be used during routine adjournments in a session.

The pocket veto is distinct from a regular veto in that it cannot be overridden by Congress. This is because, by the nature of this constitutional mechanism, the House and Senate are not in session and therefore unable to act on the rejection of their legislation.

What is a presidential veto?

A presidential veto is a constitutionally enshrined power that allows a president to refuse to assent to a bill passed by the legislature, thus preventing it from becoming law. In the United States, this power is defined in Article 1, Section 7 of the Constitution. When a president vetoes a bill, they return it to Congress, specifically to the House where it originated.

The veto power is an essential tool for the president to influence legislation and shape policy. It provides a check on the legislative branch and allows the president to block bills that they believe are not in the best interests of the country. The president may veto a bill for various reasons, such as ideological disagreement, concerns about the bill's effectiveness, or a desire to negotiate certain changes.

The process of a presidential veto begins when the president receives a bill that has been passed by both chambers of Congress. The president has three options: signing and passing the bill into law, vetoing the bill, or doing nothing (also known as a "pocket veto"). If the president chooses to veto, they send the bill back to Congress with their reasons for doing so. Congress can then attempt to override the veto by holding another vote on the bill. If two-thirds of both the House and the Senate support the bill, the veto is overridden, and the bill becomes law.

It is important to note that the specifics of a presidential veto can vary between jurisdictions, including the grounds for exercising the veto and the process for overturning it. In the US, for instance, if the president does not veto or sign a bill within 10 days (excluding Sundays), it automatically becomes law. However, if Congress adjourns before the 10 days are up, the president can utilise a pocket veto, where they simply take no action, and the bill does not become law.

Frequently asked questions