The Evolution Of Laws: History's Impact

The process of how a bill becomes a law is a complex one, with many steps and procedures. In the United States, the legislative process is the responsibility of Congress, which consists of the House of Representatives and the Senate. The first step in the journey of a bill is its proposal, which can come from a member of Congress, the President, or even a citizen or group of citizens. Once introduced, a bill is assigned to a committee for research, discussion, and potential changes. It is then put before the chamber for a vote, and if passed, it goes through a similar process in the other body of Congress. If both bodies accept the bill, they must agree on identical legislation before presenting it to the President. The President can approve and sign the bill into law, or veto it, in which case Congress can override the veto with a two-thirds majority vote in both chambers.

How a bill is proposed

The process of a bill becoming a law begins with the proposal of a bill. 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 petitioned by people or citizen groups who recommend a new or amended law to their representative in Congress. Most bills are introduced by government ministers, but other members of parliament can introduce their own bills, known as private members' or private senators' bills.

In the U.S., once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. In Australia, a minister who wants to introduce a bill usually gives written notice of their intention to do so. This is followed by the first reading, where the minister presents the bill and the Clerk reads out its title. The minister then moves that the bill be read a second time and makes a speech explaining the purpose, general principles, and effect of the bill. This is followed by the second reading debate, which considers the principles of the bill and is normally the most substantial debate that takes place. Amendments may be proposed at this stage.

Once a bill has been introduced and debated, it goes through a similar process in the other body of Congress, where it is again researched, discussed, changed, and voted on. If the bill passes both bodies of Congress, they must work out any differences between the two versions. Then, both chambers vote on the same version of the bill, and if it passes, they present it to the president.

How a bill is introduced

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 petitioned by people or citizen groups. Once the bill has a sponsor and the support of some of the Representatives, it is ready to be 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 U.S. House of Representatives. When a bill is introduced, a bill clerk assigns it a number that begins with H.R. 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.

The Congressman who introduces the bill is referred to as the "sponsor", and the Congressmen who support the bill are called "co-sponsors". After a bill is introduced, it is assigned a sequential number. Bills get new numbers with each new Congress, however, the same bill may be introduced in either or both House and Senate.

How a bill is referred to a committee

Once a bill has been introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committees provide the most intensive consideration to a proposed measure as well as the forum where the public is given their opportunity to be heard. There are, at present, 20 standing committees in the House and 16 in the Senate as well as several select committees. In addition, there are four standing joint committees of the two Houses, with oversight responsibilities but no legislative jurisdiction. The House may also create select committees or task forces to study specific issues and report on them to the House.

Each committee's jurisdiction is defined by certain subject matter under the rules of each House and all measures are referred accordingly. For example, the Committee on the Judiciary in the House has jurisdiction over measures relating to judicial proceedings and 18 other categories, including constitutional amendments, immigration policy, bankruptcy, patents, copyrights, and trademarks. In total, the rules of the House and of the Senate each provide for over 200 different classifications of measures to be referred to committees.

Until 1975, the Speaker of the House could refer a bill to only one committee. In modern practice, the Speaker may refer an introduced bill to multiple committees for consideration of those provisions of the bill within the jurisdiction of each committee concerned. Except in extraordinary circumstances, the Speaker must designate a primary committee of jurisdiction on bills referred to multiple committees. The Speaker may place time limits on the consideration of bills by all committees, but usually, time limits are placed only on additional committees to which a bill has been referred following the report of the primary committee.

In the Senate, introduced measures and House-passed measures are referred to the one committee of preponderant jurisdiction by the Parliamentarian on behalf of the Presiding Officer. By special or standing order, a measure may be referred to more than one committee in the Senate.

Membership on the various committees is divided between the two major political parties. The proportion of the Members of the minority party to the Members of the majority party is determined by the majority party, except that half of the members on the Committee on Standards of Official Conduct are from the majority party and half from the minority party. The respective party caucuses nominate Members of the caucus to be elected to each standing committee at the beginning of each Congress. Membership on a standing committee during the course of a Congress is contingent on continuing membership in the party caucus that nominated a Member for election to the committee. If a Member ceases to be a Member of the party caucus, a Member automatically ceases to be a member of the standing committee.

Members of the House may serve on only two committees and four subcommittees with certain exceptions. However, the rules of the caucus of the majority party in the House provide that a Member may be chairman of only one subcommittee of a committee or select committee with legislative jurisdiction, except for certain committees performing housekeeping functions and joint committees.

A Member usually seeks election to the committee that has jurisdiction over a field in which the Member is most qualified and interested. For example, the Committee on the Judiciary traditionally is populated with numerous lawyers.

How a bill is voted on

Once a bill has been introduced, assigned a number, and referred to a committee, it is then ready to be voted on.

Voting on a Bill in the House of Representatives

There are three methods for voting on a bill in the House of Representatives:

• Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say “aye”, and those that oppose it say “no”.
• Division: 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.
• Recorded: 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 the Representatives vote yes, the bill passes in the House of Representatives. The bill is then certified by the Clerk of the House and delivered to the Senate.

Voting on a Bill in the Senate

Senators vote by voice. Those who support the bill say “yea”, and those who oppose it say “nay”. If a majority of the Senators say “yea”, the bill passes in the Senate and is ready to go to the President.

How a bill becomes a law

The process of how a bill becomes a law is quite complex, but here is a detailed, direct, and instructive overview of the key steps involved:

A bill is a proposal for a new law or a change to an existing one. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be part of their election campaign, or be petitioned by citizens or citizen groups. Once a bill is introduced, it is assigned a number and given to a committee.

Committee Review and Revision

The committee, made up of groups of representatives with expertise in relevant areas, reviews, researches, discusses, and makes changes to the bill. If the committee needs more information, the bill is sent to a subcommittee for closer examination and expert opinions. The committee can also choose to hold hearings to gather testimony from various witnesses, including administrative officials, subject experts, and public interest groups. After making any necessary changes, the committee votes on whether to send the bill back to the House or Senate floor.

Floor Debate and Voting

Once a bill is reported back to the floor, representatives or senators debate the bill, explaining their agreement or disagreement. A reading clerk then reads the bill section by section, and changes are recommended. After all changes are made, the bill is ready for voting. There are three methods for voting: viva voce (voice vote), division (standing up and being counted), and recorded (electronic) voting. If the bill passes with a majority vote, it is certified and delivered to the other chamber.

Repeat in the Other Chamber

The process repeats in the other chamber (Senate or House). If the bill passes in both chambers, it is ready to be presented to the President.

Presidential Action

When a bill reaches the President, they have three options: they can sign and pass the bill, veto it (sending it back to Congress with their reasons), or do nothing (pocket veto). If the President vetoes the bill but Congress still believes it should become a law, they can hold another vote. If two-thirds of the representatives and senators support the bill, the President's veto is overridden, and the bill becomes a law. If the President does nothing while Congress is in session, the bill automatically becomes law after 10 days. However, if Congress is not in session, the bill does not become law.

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