The Legislative Process: A Bill's Journey To Law

The process of a bill becoming a law is a lengthy one, with many steps and potential roadblocks. The journey begins with an idea, which can come from a Representative or a citizen. Once a Representative has written and sponsored a bill, it is introduced in the House of Representatives, where it is assigned a number and a clerk reads it aloud. The bill then goes to a committee, which reviews, researches, and revises it before voting on whether to send it back to the House floor. If the committee approves, the bill is reported to the House floor for debate and voted on. If it passes in the House, the bill is sent to the Senate, where it goes through a similar process. Finally, the bill is sent to the President, who can sign it into law, veto it, or do nothing. If the President vetoes, the bill can still become a law if two-thirds of the House and Senate support it.

Proposal

The first step in the process of a bill becoming a law is the proposal stage. Laws begin as ideas, and these ideas can come from anyone, including citizens and members of Congress or the executive branch. Citizens with ideas for new laws can contact their representatives to discuss them. If a representative agrees with a proposed idea, they will research it and write it into a bill.

Once a representative has written a bill, it needs a sponsor. The representative will talk to other representatives about the bill to try to get their support. Once a bill has a sponsor and the support of some other representatives, it is ready to be introduced.

All revenue and appropriation bills must start in the House. A member of Congress has to introduce the bill in either the House or the Senate, in what is called the "first reading". This is when the title and bill number are read out loud.

Introduction or sponsorship

The first step in the process of a bill becoming a law is the proposal stage, where anyone can propose a bill. Most legislation is proposed by members of Congress or the executive branch, but lobbyists and special interest groups also propose bills. All revenue and appropriation bills must start in the House.

Once a bill has been proposed, it needs a sponsor. A sponsor is a member of Congress who introduces the bill in either the House or the Senate. This introduction is called the "first reading", during which only the title and bill number are read aloud.

In the 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. A bill clerk then assigns it a number that begins with H.R., and a reading clerk reads the bill to all the Representatives. The Speaker of the House then sends the bill to one of the House standing committees.

In the Senate, bills are introduced during "morning hour" (between 12 pm and 2 pm). A senator must introduce the bill to the Senate clerk verbally.

After the first reading, the bill is ready to be debated and voted on. If a majority of Representatives or Senators support the bill, it passes and is sent to the other chamber for further consideration.

Standing Committee

Once a bill has been introduced in the House of Representatives, it is sent to a standing committee. This committee is made up of groups of Representatives who are experts on specific topics, such as agriculture, education, or international relations. The committee reviews, researches, and revises the bill, and then votes on whether to send it back to the House floor. This stage of the legislative process is important as it allows for greater scrutiny and analysis of the bill by specialists.

The committee can also refer the bill to a subcommittee if more information is needed before making a decision. In a subcommittee, the bill is closely examined, and expert opinions are sought before it is sent back to the committee for final approval.

The standing committee can also hold public hearings and mark-up sessions (analyzing the bill in detail). They can also decide to refer the bill to the appropriate committee if they feel it falls outside their area of expertise.

The standing committee stage is a crucial part of the legislative process as it allows for greater input and analysis from specialized Representatives. It also acts as a "gatekeeper," ensuring that only bills with sufficient support and merit proceed further in the legislative process. This helps to streamline the process and prevent unnecessary bills from clogging up the House floor.

The committee stage is an important aspect of the law-making process, and it is one of the reasons why passing legislation can be a lengthy and complex process. It is during this stage that bills are thoroughly vetted and analyzed before being sent back to the House for further debate and voting.

Floor debate

The Speaker of the House and the Majority Leader of the Senate determine if and when a bill comes before the full body of the House and the Senate, respectively, for debate and amendment and then final passage. There are very different rules of procedure governing debate in the House and debate in the Senate.

In the House, a representative may offer an amendment to a bill only if they have obtained permission from the Rules Committee. In the Senate, a senator may offer an amendment without warning, as long as the amendment is germane to the bill. In both chambers, a majority vote is required for an amendment to be accepted and for the final bill to pass. Amendments are sometimes accepted by a voice vote (in which individuals say "Yea" or "Nay," and the loudest side wins; the names or numbers of individuals voting on each side are not recorded).

Every measure on the Union and House calendar is seen by the Committee of the Whole (the entire House). There is equal time between minority and majority leaders, who pick who will debate for their party. The Speaker often designates a senior member who is familiar with the bill to be the presiding officer. This allows for a faster and more open debate, which is the purpose of the Committee of the Whole.

There is no time limit on debate in the Senate, which allows for a filibuster, meaning the speaker can stall the vote through endless talking. To invoke the cloture rule and end a filibuster, 3/5 of the Senate must agree. The number used to be 2/3.

Presidential approval

The President has the final say on whether a bill becomes a law. Once a bill has passed in both the U.S. House of Representatives and the U.S. Senate, it is sent to the President, who has three options:

• Sign and pass the bill: The President can choose to sign the bill, at which point it becomes a law.
• Veto the bill: The President can refuse to sign the bill, returning it to the House of Representatives with an explanation for the veto. If the House and Senate still believe the bill should become law, they can hold another vote, and if two-thirds of Representatives and Senators support the bill, the President's veto is overridden and the bill becomes law.
• Do nothing (pocket veto): If Congress is in session, the President can choose not to sign the bill, and after 10 days, it will automatically become law. However, if Congress is not in session, the bill does not become law.

The President's role in the law-making process is an important check to ensure that laws are thoroughly considered before being enacted. This is in keeping with the intention of the Founding Fathers, who wanted the law-making process to be deliberately challenging.

Frequently asked questions