The Process Of Turning A Bill Into Law Explained

The process of a bill becoming a law is a complex and lengthy one. It involves multiple stages, including introduction, committee review, chamber voting, and, finally, approval by the president. This topic has been explored in popular culture, including in the American comedy television series Parks and Recreation and a short video called History Kids: How a Bill Becomes a Law.

The legislative process

The next step is committee action. The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate, where it is researched, discussed, and amended. The committee may hold hearings and subcommittees may be assigned to report their findings to the full committee. The full committee then votes on the bill, and if substantial amendments are made, a "clean bill" with the proposed amendments may be introduced, discarding the old bill. The committee staff then prepares a written report explaining their support for the bill and their amendments.

The bill is then placed on the calendar of the respective chamber (House or Senate). In the House, most bills go to the Rules Committee, which adopts rules governing the debate and amendment process. The bill is then debated and amended by the Committee of the Whole, guided by the Sponsoring Committee, with time divided equally between proponents and opponents. After the debate, the bill is voted on.

If the bill passes one body of Congress, it moves to the other body and goes through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept the bill, they must work out any differences between their versions and vote on the same bill. If it passes this stage, it is presented to the President for review.

The President can approve the bill and sign it into law or refuse to approve it, known as a veto. If the President vetoes the bill, Congress can attempt to override the veto, and the bill will become a law if two-thirds of both chambers vote to override. If the President does not sign the bill and Congress adjourns before the 10-day review period, the bill is vetoed by default, known as a "pocket veto," which cannot be overridden. Once the bill is signed by the President or the veto is overridden, it becomes a law and is assigned an official number.

The role of Congress

Congress is the lawmaking branch of the federal government. The primary function of Congress, as the Legislative Branch, is to create and modify laws. Congress also has authority over financial and budgetary policy.

Any member of Congress can introduce a piece of legislation. In the House, legislation is handed to the clerk of the House or placed in the hopper. 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 of the bill is postponed until the next day. The bill is then assigned a number and labelled with the sponsor's name.

The bill is then referred to the appropriate committee by the Speaker of the House or the presiding officer in the Senate. The committee will research, discuss, and make changes to the bill. The committee staff will prepare a written report explaining why they favor the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill may write a dissenting opinion in the report.

The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.

Committees and subcommittees

Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees and subcommittees are an essential part of the legislative process, as they provide a forum for in-depth analysis, deliberation, and amendment of proposed legislation.

The Speaker of the House or the presiding officer in the Senate refers the bill to the appropriate committee. The House or Senate parliamentarian typically makes the actual referral decision. Bills may be referred to more than one committee, and they can be split up and sent to different committees. The Speaker of the House may set time limits on committees.

Bills are placed on the calendar of the committee to which they have been assigned. Inaction on a bill is equivalent to killing it. The committee chairman can assign a bill to a subcommittee. Hearings may be held, and subcommittees report their findings to the full committee. The full committee then votes on the bill, and it is "ordered to be reported."

The committee will hold a "mark-up" session to make revisions and additions. If significant amendments are made, the committee can introduce a "clean bill" with the proposed amendments. This new bill will have a new number and will be sent to the floor, while the old bill is discarded. The chamber must approve, change, or reject all committee amendments before conducting a final passage vote.

After the bill is reported, the committee staff prepares a written report explaining their support for the bill and their reasons for adopting any amendments. Committee members who disagree with the bill may write a dissenting opinion in the report. The report is sent back to the whole chamber and placed on the calendar.

The President's role

The President plays a crucial role in the process of a bill becoming a law, with the power to significantly influence the outcome. While the President does not initiate the legislative process, their involvement is essential for a bill to become a law. Here's an overview of the key aspects of the President's role:

Signing the Bill

Once a bill has been passed by both the House of Representatives and the Senate, it is sent to the President for approval. The President has the power to sign the bill into law, which is the desired outcome for those who support the bill. This action completes the legislative process, and the bill officially becomes a law. The President's signature signifies their agreement with the bill's content and their endorsement of its implementation.

Veto Power

One of the most significant aspects of the President's role is their veto power. If the President disagrees with the bill or has concerns about its content, they can exercise their veto power and refuse to sign it. This action effectively blocks the bill from becoming a law. The President may choose to veto a bill for various reasons, including policy disagreements, budgetary implications, or constitutional concerns. However, the President must provide a detailed explanation of their objections, which is then sent back to Congress.

Congressional Override

In response to a presidential veto, Congress has the power to override it. To do so, both the House and the Senate must vote again on the bill. This time, they need a two-thirds majority in both chambers to successfully override the veto. If they achieve this majority, the bill becomes a law despite the President's objections. The ability of Congress to override a veto serves as a check and balance on the President's power, ensuring that the legislative branch retains the ultimate authority in the law-making process.

Pocket Veto

In certain situations, the President can exercise a pocket veto. This occurs when the President receives a bill from Congress but does not sign it before the end of the legislative session. By not taking any action on the bill, the President effectively kills it. This strategy is often used when the President opposes the bill but does not want to issue a formal veto, which would require providing specific objections. The pocket veto is a powerful tool that allows the President to indirectly influence the legislative process.

Signing Statements

When signing a bill into law, the President may also issue a signing statement. This statement provides the President with an opportunity to express any concerns or interpretations they have about the bill. It can indicate how the President intends to enforce the law or highlight specific provisions they believe are unconstitutional. Signing statements can shape the implementation of the law by various government agencies and influence future legal interpretations.

How to override a veto

Once a bill has been passed by both chambers of Congress, it is presented to the President of the United States for review. The President has the authority to veto the bill, preventing it from becoming a law. However, Congress can override the presidential veto and enact the bill into law. Here is a step-by-step guide on how to override a veto:

Step 1: Return the Vetoed Bill to the House of Origin

If the President vetoes a bill, it is returned to the congressional chamber where it originated, along with a veto message detailing the reasons for the veto. This initiates the process of attempting to override the veto.

Step 2: Reconsideration and Vote in the House of Origin

The vetoed bill is read and entered into the Journal of the House of Origin. The House then proceeds to reconsider the bill and vote on whether to override the veto. A successful override requires a two-thirds majority of those voting in favour of overriding the veto.

Step 3: Send the Bill to the Other Chamber

If the House of Origin successfully overrides the veto, the bill is then sent to the other chamber of Congress for their consideration. This chamber will also need to vote on whether to override the veto.

Step 4: Successful Override by Both Chambers

For a bill to become a law despite a presidential veto, both chambers of Congress must independently vote to override the veto by a two-thirds majority. If both chambers pass this threshold, the bill becomes a law, overriding the President's veto.

It is important to note that successfully overriding a presidential veto is a rare occurrence. The veto power of the President serves as a significant check on the legislative power of Congress, ensuring that laws are created with a degree of consensus.

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