Understanding The Lawmaking Process: A Bill's Journey

Teaching the process of how a bill becomes a law is a fundamental part of civics and government education. While the legislative process can be complex and time-consuming, with many minuscule steps, there are ways to make the topic engaging for students. Teachers can use a variety of methods, such as lectures, textbooks, videos, and collaborative activities, to help students understand the process. The basic steps involve a bill being drafted and introduced in either the House or the Senate, assigned to a committee for review and refinement, discussed and voted on by the full House or Senate, passed between chambers for further review, and finally sent to the President to be signed into law or vetoed. The legislative branch, with its primary function of lawmaking, is at the core of a representative democracy, and understanding how a bill becomes a law is crucial for citizens to grasp the workings of their government.

How a bill is proposed and introduced

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 proposed during their election campaign, or be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them. Citizens who have ideas for laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills.

When a Representative has written a bill, it needs a sponsor. The Representative talks with other Representatives about the bill, hoping to get their support. Once a 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 House. 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.

In the Senate, the bill is submitted to clerks on the Senate floor and will receive a designation based on the chamber of introduction, for example, H.R. or H.J.Res. for House-originated bills or joint resolutions and S. or S.J.Res. for Senate-originated measures.

The bill goes to committee

Once a bill has been drafted and introduced in either the House or the Senate, it's off to committee. This is where things get very detailed and specific. The committee stage is a crucial part of the legislative process, as it involves close examination, debate, and refinement of the bill. The bill is assigned to a specific committee, usually related to the subject matter of the bill. For example, a bill about taxation might go to the Finance Committee, while a bill about environmental protection could go to the Environment and Public Works Committee.

The committee will scrutinize the bill line by line, debating the merits and potential impacts of each provision. They may also invite experts, stakeholders, and members of the public to testify and provide input. This process can take a significant amount of time, depending on the complexity and controversy of the bill. It is not unusual for a bill to be debated and amended multiple times in committee before it is ready to move forward.

The committee stage is where the sausage-making happens in lawmaking. It's where the bill is dissected, debated, and often, significantly changed from its original form. This is also where the influence of special interest groups and lobbyists can be felt, as they work behind the scenes to shape the bill to their advantage. It's important to note that whichever political party has the majority in the chamber will control the committees and decide the fate of most bills.

During the committee process, the bill may be amended, revised, or even completely rewritten. The committee may also choose to kill the bill if they do not favour its passage. Once the committee is satisfied with the bill, it will be reported back to the full House or Senate for further discussion and a vote. This is often referred to as the "committee of the whole" stage, where all members of the chamber have an opportunity to weigh in on the bill.

The bill is reported

The Committee Stage

Once a bill has been introduced and assigned to a committee, it enters the committee stage. This is where the bill is closely examined, debated, and refined. The committee will hold hearings, take testimony, and make amendments to the bill. This process can take some time, as committees often receive input from a variety of sources, including experts, lobbyists, and members of the public. They may also request information or advice from federal agencies. The committee stage is crucial in shaping the final version of the bill, as it is where the details of the bill are scrutinised and changed.

Reporting the Bill

After the committee has finished its work, the bill is reported to the full chamber (the House or the Senate). This report includes any amendments that were made during the committee stage. The bill is then placed on the calendar for the full chamber to consider. It is important to note that this reporting process is done by the committee itself, which means that the committee has a significant influence on the fate of the bill. A bill that has been reported can be scheduled for debate and a vote.

Calendaring

The majority party in the chamber controls the calendar, and they decide when and if a bill will be considered. This is a crucial step, as it determines whether a bill will even be discussed and voted on by the full chamber. The majority party can use this power to prioritise certain bills or delay others. Calendaring is, therefore, a key strategic moment in the life of a bill.

Amendments

Once a bill is on the calendar and being considered by the full chamber, it is still possible to make amendments. These amendments can be proposed by any member of the chamber and must be voted on. This process allows for further refinement of the bill and can lead to significant changes. Amendments are an important tool for members of the chamber to influence the final shape of the legislation.

The bill is voted on

Once a bill has been introduced and assigned to a committee, it will be closely examined, debated, and refined by that committee. The bill will then go to the entire House or Senate for further discussion and a vote on the chamber floor. This is a crucial stage in the legislative process, as it represents the first formal expression of support or opposition to the bill by members of Congress.

The process of voting on a bill can vary depending on the chamber's rules and procedures. In some cases, there may be a simple voice vote, where members of the chamber call out their support or opposition to the bill, and the presiding officer announces the result. If there is a clear majority, the bill passes. In other cases, there may be a roll-call vote, where each member's vote is recorded individually. This type of vote is often used for more important or controversial bills.

During the vote, members of Congress may offer amendments to the bill, which are changes or additions to the bill's language. Amendments can be proposed by any member and must be voted on by the chamber. If an amendment passes, it becomes part of the bill. This back-and-forth process of debating and amending the bill can go on for several days or even weeks, depending on the complexity and controversy of the bill.

It is worth noting that the political party in power in the chamber will have a significant influence on the voting process. They control the committees and decide which bills are brought to a vote. This can lead to questions about the democratic nature of the process.

After the bill has been voted on and passed by one chamber, it will then go to the other chamber (the House or the Senate) and undergo the same voting process. If it passes there as well, the two chambers will work together to make the bills identical. This ensures that there are no discrepancies between the two versions of the bill before it is sent to the President.

The bill is sent to the president

Once a bill has successfully navigated its way through both the House and the Senate, it is sent to the President. This is a critical stage in the legislative process, as the President has the power to sign the bill into law or veto it. A veto can be overridden by a two-thirds majority vote in both the House and the Senate, but this is a challenging threshold to meet.

The President's role in this process is significant. They can choose to sign the bill, effectively endorsing it and allowing it to become law. Alternatively, they may veto the bill, which sends it back to Congress with a statement of their objections. The President's veto power is an essential check on the legislative branch, ensuring that only bills that meet certain criteria become laws.

The President's decision to sign or veto a bill is influenced by various factors, including their political beliefs, the bill's popularity, and its potential impact on the country. The President may also seek advice from their staff, experts, and advisors before making a decision. It is a careful and deliberate process, as the consequences of signing or vetoing a bill can be far-reaching.

In some cases, the President may choose to take no immediate action on a bill. They can choose to "pocket veto" it, which means neither signing nor explicitly vetoing it. This can happen when Congress adjourns and cannot receive the bill within ten days of its passage. However, this is a less common occurrence.

The President's role in signing or vetoing bills is a critical aspect of the legislative process. It ensures a balance of power between the executive and legislative branches of government and safeguards against the passage of bills that may be detrimental or poorly conceived.

Frequently asked questions