Kara Sears
A bill is a proposal for a new law or a change to an existing law. It is presented for debate before parliament, where it undergoes a long process of scrutiny and amendment before both houses of parliament. There are several stages a bill must go through before becoming a law, including being drafted, introduced, and sent to a committee. The bill is then reviewed by a subcommittee, marked up, and voted on by the full chamber. If passed, it is referred to the other chamber, where it may be approved, rejected, ignored, or changed. Once both houses of parliament agree on the final text of the bill, it is sent to the monarch for approval, known as Royal Assent, after which it becomes an Act of Parliament and a law.
What You'll Learn
Introduction and referral of bills
A bill is a proposal for a new law or a proposal to change an existing law. It can be introduced in either the House of Commons or the House of Lords and must be approved in the same form by both Houses before becoming an Act of Parliament (law). The bill is first drafted and then introduced by its sponsor (the primary Congress member supporting the bill). If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. Once introduced, it is referred to a committee.
Both the House and the Senate have various committees composed of groups of Congress members interested in different topics, such as health or international affairs. When a bill is in the hands of the committee, it is carefully examined, and its chances of passage by the entire Congress are determined. The committee may hold hearings to better understand the bill's implications, allowing the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on record. If the committee does not act on a bill, it is considered "dead".
Subcommittees are organised under committees and have further specialisation on a certain topic. Committees often refer bills to a subcommittee for study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee. Once the hearings and subcommittee review are completed, the committee will meet to make changes and amendments before recommending the bill to the "floor". If a committee votes against reporting legislation to the full chamber of Congress, the bill dies. If they vote in favour, it is reported to the floor. This procedure is called "ordering a bill reported".
The Legislative Process: How a Bill Becomes Law
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Committee consideration
Once a bill has been introduced, it is referred to a committee for detailed scrutiny. Both the House and Senate have various committees composed of groups of Congress members who are particularly interested in different topics such as health or international affairs. When a bill is in the hands of the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on record. If the committee does not act on a bill, it is considered "dead".
Subcommittees are organised under committees and have further specialisation on a certain topic. Often, committees refer bills to a subcommittee for study and their own hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee. Once the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". If a committee votes against reporting legislation to the full chamber of Congress, the bill dies. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".
In the UK, most bills are referred to a public bill committee. The membership reflects the party composition of the House, and a majority government, therefore, rarely loses a vote in the committee. Constitutional bills, bills of major importance, and highly controversial bills are taken in a committee of the whole House, meaning all MPs can contribute. MPs conduct clause-by-clause scrutiny and public bill committees can also take oral evidence from key stakeholders. Each clause must be agreed to, amended, or removed, and new clauses may be proposed and agreed upon. The government tables almost all of the amendments made. If it agrees with the idea behind an opposition or backbench amendment, it will normally try to introduce an amendment on the subject at the report stage.
The Journey of a Bill to Becoming a Law
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Voting by the full chamber on the bill
Once a bill has been drafted, introduced, and reviewed by committees, it reaches the floor for voting by the full chamber. At this stage, there is additional debate and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting. In the US, this is when the bill is sent to the President. If the President approves, it is signed and becomes law. If the President does not take action for ten days while Congress is in session, the bill automatically becomes law. If the President opposes the bill, they may veto it.
In the UK, the process is slightly different. Once a bill has passed the third reading, it is sent to the other House for further review and amendments. After this, the bill is sent back and forth between the two Houses until both agree on its final form. This process is called 'Ping Pong'. Once both Houses agree, the bill is sent to the monarch for Royal Assent and becomes an Act of Parliament or law.
The Process Behind Bills Becoming Laws Explained
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The bill goes to the president
After both the House and the Senate have approved a bill in identical form, it is sent to the President. The President can choose to approve the bill, in which case it is signed and becomes law. If the President does not agree with the bill, they have the power to veto it.
If the President takes no action for ten days while Congress is in session, the bill will automatically become law. However, if Congress has already adjourned and the President takes no action for ten days, this is called a "pocket veto". In this case, the bill does not become law.
If the President vetoes a bill, Congress has the option to override the veto. If both the Senate and the House pass the bill with a two-thirds majority, the President's veto is overruled, and the bill becomes a law.
The Legislative Process: How a Bill Becomes a Law
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Overriding a veto
The process of overriding a veto is an important aspect of the legislative process, allowing legislators to reverse a decision made by an executive branch official, such as a governor or the president. This mechanism exists at both the state and federal levels in the United States.
Federal Level
According to the U.S. Constitution, the president has the power to veto acts of Congress to prevent the legislative branch from becoming too powerful. This power of veto allows the president to review and block measures deemed unconstitutional, unjust, or unwise. However, the Constitution also grants Congress the authority to override a presidential veto, ensuring a balance between the two branches.
To override a presidential veto, two-thirds of both the House of Representatives and the Senate must agree to pass the bill. This high threshold underscores the importance of consensus and bipartisanship in the legislative process.
State Level
At the state level, the process of overriding a veto can vary. All 50 states give their legislatures the power to override gubernatorial vetoes, but the specific requirements differ.
- Thirty-six states require a two-thirds vote from both chambers of the legislature.
- Seven states require a three-fifths vote from both chambers.
- Six states require a majority vote from both chambers.
- Alaska requires a two-thirds vote from a joint meeting of its legislative chambers.
Additionally, some states have specific rules regarding the types of bills that can be overridden, such as appropriations bills, tax bills, and emergency bills.
The power to override a veto is an essential component of the system of checks and balances, ensuring that the legislative branch can provide a counterweight to the executive branch when necessary.
The Lawmaking Process: Congress and How Bills Become Laws
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law, presented for debate before Parliament.
There are three types of bills: public bills, private bills, and hybrid bills. Public bills apply to everyone and are proposed by either the government or backbench MPs. Private bills change the law for a limited set of interests, such as a single organisation or an individual. Hybrid bills combine aspects of both public and private bills and are used in specific circumstances.
A bill typically goes through five stages in each House of Parliament: first reading, second reading, committee stage, report stage, and third reading. After each stage, the two Houses resolve any differences, and the bill receives royal assent to become an Act (law).
Yes, most regulations, known as statutory instruments, automatically become law without a vote. However, in rare cases, a member of either the Commons or the Lords can make a motion to annul such a regulation.
If the two Houses disagree on a bill, it goes through a process called "Ping Pong". The Houses accept or reject each other's amendments until they reach an agreement. If a deadlock is reached, the bill falls.
