The Legislative Process: How Bills Become Laws

how a bill becomes a law political science

The process of a bill becoming a law is a complex one, and differs slightly between countries. In the US, 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 US Senate or House of Representatives, or be proposed by citizens or citizen groups. Once introduced, a bill is assigned to a committee, who will research, discuss, and make changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions, before both chambers vote on the same version. If it passes, it is presented to the president, who can approve and sign it into law, or veto it. If the president chooses to veto, Congress can vote to override this, and the bill becomes law.

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The role of the House of Representatives

The House of Representatives is one of the two bodies that make up the US Congress, the lawmaking branch of the federal government. The House of Representatives is responsible for creating laws, which all begin as bills. 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 House of Representatives or be proposed by citizens or citizen groups who recommend a new or amended law to their Congressional representative.

Once a bill is introduced, it is assigned a number that begins with H.R. and is then sent to one of the House's standing committees. These committees are groups of Representatives who are experts on specific topics, such as agriculture, education, or international relations. The committee members review, research, and revise the bill before voting on whether to send it back to the House floor. If the committee would like more information, the bill is sent to a subcommittee for further examination and to gather expert opinions.

If the committee approves a bill, it is sent back to the House floor for debate and voting. Representatives discuss the bill and recommend changes. Once all changes have been made, the bill is ready to be voted on. There are three methods for voting on a bill in the House of Representatives: viva voce (voice vote), division, and recorded (electronic) voting. If a majority of Representatives vote yes, the bill passes in the House and is then certified by the Clerk of the House and delivered to the Senate.

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The role of the Senate

The Senate is composed of 100 members, with two from each state, elected by the people. The term of office is six years, and one-third of the Senate is elected every second year. The Senate has several unique functions and powers.

Firstly, the Senate has the role of advising and consenting to treaties and certain nominations by the President. For instance, a vote in each House is required to confirm the President's nomination for Vice-President. In the case of impeachments, the House of Representatives presents the charges, while the Senate sits as a court to try the impeachment.

Secondly, the Senate is the only chamber that can draft legislation related to presidential nominations and treaties. It also has the power to propose, or concur with, amendments to revenue bills, which must originate in the House of Representatives.

Thirdly, the Senate plays a crucial role in the process of how a bill becomes a law. Once a bill is introduced in the House of Representatives and assigned an "H.R." number, it is sent to a House standing committee. After the committee reviews, researches, and revises the bill, it is reported to the House floor for debate and vote. If the bill passes in the House, it is then certified by the Clerk of the House and delivered to the Senate.

In the Senate, the bill undergoes similar steps as in the House. It is discussed in a Senate committee and then reported to the Senate floor for a vote. Senators vote by voice, with supporters saying "yea" and opponents saying "nay." If the bill passes in the Senate, it is then sent to the President.

The Senate's role in the legislative process is significant as it provides a crucial check on the House of Representatives and ensures that bills are thoroughly reviewed and debated before becoming laws.

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The process of introducing a bill

Once a bill has been drafted, it needs a sponsor. The sponsor will talk to other Representatives about the bill to garner support. Once a bill has a sponsor and the support of other 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.

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The committee stage

Committee Assignment and Review

Once a bill is introduced, it is assigned to a relevant committee in the House of Representatives or the Senate, depending on the sponsor. These committees are groups of representatives or senators with expertise in specific areas such as agriculture, education, or international relations. The committee members carefully review and research the bill, often gathering expert opinions and holding hearings to understand its implications. Hearings provide an opportunity for the executive branch, experts, public officials, and supporters or opponents of the bill to present their views.

Subcommittee Review

Committees may refer a bill to a subcommittee for further specialised study and hearings. The subcommittee examines the bill in detail and can make changes to it. After this review, the subcommittee votes on whether to refer the bill back to the full committee.

Committee Markup and Vote

Once the hearings and subcommittee review are complete, the full committee meets to "mark up" the bill. They suggest changes and amendments before voting on whether to report the bill to the chamber floor. If the committee votes against reporting the bill, it dies. However, if they vote in favour, the bill is reported to the floor, initiating the next stage of the legislative process.

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Presidential approval

Once a bill has been passed by both houses of Congress, it is sent to the President for approval. The President has three options:

  • Sign and pass the bill: The President can approve the bill, and it becomes a law.
  • Veto the bill: The President can refuse to sign the bill, which is called a veto. The bill is then sent back to Congress, along with the President's reasons for the veto. If Congress still believes the bill should become a law, they can hold another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden and the bill becomes a law.
  • Do nothing (pocket veto): If the President does nothing and Congress is in session, the bill automatically becomes law after 10 days. However, if Congress is not in session, the bill does not become a law. This is known as a pocket veto.

If a bill has passed in both the House of Representatives and the Senate and has been approved by the President, or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government.

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Frequently asked questions

A bill is a proposal for a new law or a change to an existing law.

The process of a bill becoming a law differs slightly between the House of Representatives and the Senate. However, in general, a bill must be introduced, assigned to a committee, put before the chamber to be voted on, and then presented to the president. If the bill passes both bodies of Congress, any differences between the two versions must be worked out before both chambers vote on the same version of the bill. The president then has the option to approve the bill, veto it, or do nothing (pocket veto). If the president approves the bill, it becomes a law. If the president vetoes the bill, Congress can override the veto with a two-thirds majority vote, and the bill becomes a law.

After a bill becomes a law, it is given a unique ID number and printed as an individual "Slip Law" for distribution. It is then printed within the official volumes of all laws of the United States, called Statutes at Large.

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