The Lawmaking Process: Professor Graham Explains

Professor Graham is a senior United States senator from South Carolina, a member of the Republican Party, and a former chairman of the Senate Judiciary Committee. He has been vocal about the process of how a bill becomes a law, and his views are worth examining in detail. The process begins with the introduction of a bill, which can be proposed by any member of Congress or a citizen. The bill then goes through several stages, including being assigned to a committee, undergoing revisions, and being voted on. If the bill passes both houses of Congress, it is sent to the President for approval. If signed by the President, it becomes a law. However, if the President vetoes the bill, Congress can still override the veto with a two-thirds majority vote. This intricate process ensures that laws are carefully considered and represent the interests of the American people.

How a bill is proposed and introduced

The process of a bill becoming a law begins with an idea. A bill can be proposed by any member of Congress, whether from the Senate or the House of Representatives. The member of Congress supporting the bill is called the "sponsor", and other members who support the bill are called "co-sponsors". Once the bill is drafted, it must be introduced. 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, the bill can be found on Congress.gov, the official government website that tracks federal legislation.

After a bill is introduced, it is referred to a committee. Both the House and the Senate have various committees composed of groups of Congress members with specific interests, such as health or international affairs. Committees carefully examine bills and determine their chances of passage by Congress. Committees may hold hearings to better understand the implications of a bill, allowing the views of experts, public officials, and supporters and opponents of the legislation to be put on record. If the committee does not act on a bill, it is considered "dead".

The bill goes to committee

Once a bill is introduced, it is sent to a committee. Committees are groups of Representatives or Congress members who are experts on a particular topic, 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. This process involves examining the bill closely, gathering expert opinions, and holding hearings to better understand the bill's implications and gather input from various stakeholders.

If the committee requires more information before making a decision, the bill is referred to a subcommittee. Subcommittees are specialized groups that operate under the committee's supervision. They study the bill, hold their own hearings, and can make changes to the bill before sending it back to the full committee. The subcommittee's review process allows for a more detailed analysis of the bill and ensures that all aspects are carefully considered.

After the subcommittee review, the bill returns to the full committee for a "mark-up" session. During this session, the committee makes revisions and amendments to the bill before recommending it to the "floor." The committee's vote determines whether the bill will be reported to the full chamber of Congress or if it will die. If the committee votes in favor of the bill, it moves forward in the legislative process.

The committee staff then prepares a written report explaining their support for the bill and the reasons for any proposed amendments. This report is sent back to the entire chamber and placed on the calendar for further discussion and voting. In the House, most bills go through the Rules Committee, which establishes rules and procedures for debating and amending the bill on the House floor.

The committee process is a crucial step in the journey of a bill becoming a law. It involves thorough examination, input from experts, and revisions to ensure that the bill is well-considered and aligns with the relevant policies and priorities. The committee's decision plays a significant role in determining the fate of the bill as it advances through the legislative process.

The bill is reported

When a committee has approved a bill, it is sent, or reported, to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives.

When a bill is debated, Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section, and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.

There are three methods for voting on a bill in the U.S. House of Representatives:

• Viva Voce (voice vote): The Speaker of the House asks the Representatives who support the bill to say “aye” and those that oppose it say “no.”
• Division: The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted.
• Recorded: Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don’t want to vote on the bill).

If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.

The bill is voted on

Once a bill has been debated and all changes have been made, it is ready to be voted on. There are three methods for voting on a bill in the U.S. House of Representatives:

Viva Voce

The Speaker of the House asks the Representatives who support the bill to say "aye" and those that oppose it say "no."

Division

The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted.

Recorded

Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don’t want to vote on the bill).

If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.

In the Senate, voting is done by voice. Senators who support the bill say "yea," and those who oppose it say "nay." If a majority of the Senators say "yea," the bill passes in the U.S. Senate and is ready to go to the President.

The bill is sent to the president

Once a bill has been approved by the House of Representatives and the Senate, it is sent to the President for review. At this stage, the President has three options: they can sign the bill into law, refuse to sign it, or do nothing. If the President signs the bill, it becomes law. If they refuse to sign it, they veto the bill, and it is sent back to the House of Representatives, along with their reasons for the veto. If the House of Representatives and the Senate still believe the bill should become a law, they can hold another vote on it, and if two-thirds of the Representatives and Senators support the bill, the President's veto is overridden, and the bill becomes a law. If the President does nothing, and if Congress is in session, the bill will automatically become law after 10 days. However, if Congress is not in session, the bill will not become a law.

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