Understanding The Legislative Process: Reading To Lawmaking

The process of how a bill becomes a law is a lengthy one. It involves multiple stages of drafting, revision, and voting, as well as the input of various parties, including members of Congress, the House of Representatives, the Senate, and the President. The journey begins with an idea, which can come from a member of the House of Representatives, a citizen, or an advocacy group. This idea is then drafted into a bill, which is introduced to the House of Representatives and assigned to a committee for review and revision. The bill then goes through several stages of voting and, if passed, is referred to the Senate, where it undergoes a similar process. Once both bodies have approved the bill, they must reconcile any differences before presenting it to the President for approval. The President can approve the bill, veto it, or do nothing, in which case, the bill can become law automatically if Congress is in session. If the President vetoes the bill, Congress can still override this decision with a two-thirds majority vote.

The bill is proposed

Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced. A Representative talks with other Representatives about the bill in the hopes of getting their support for it. 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.

The bill is introduced

When a bill is introduced in the House, 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.

The bill is then assigned to a committee of the Council with expertise over the subject matter that the bill addresses. A committee is not obliged to review or consider the bill. If the committee chooses not to review the bill during the two-year period that the Council is convened, the bill will die and must be introduced again when a new Council is convened. If the committee chooses to review the bill, it will normally conduct a hearing concerning the subject matter of the bill, where the committee will receive testimony from residents and government officials in support of and against the bill.

The bill's sponsor talks with other Representatives about the bill in the hopes of getting their support for it. Once a bill has a sponsor and the support of some of the Representatives, it is ready to be introduced.

The bill goes to committee

Once a bill is introduced, it is referred to a committee. Both the House and Senate have various committees composed of groups of Congress members with expertise on the bill's subject matter. 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, the bill is considered to be "dead".

Subcommittees are organized under committees and have further specialization 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.

When 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 not to report legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

If the committee members would like more information before deciding if the bill should be sent to the House floor, the bill is sent back to a subcommittee. While in the subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

The bill is reported

Once a bill has been reviewed and approved by a committee, it is reported to the House floor. At this stage, it is ready to be debated by the U.S. House of Representatives. Representatives discuss the bill, explaining their reasons for supporting or opposing it. A reading clerk then reads the bill section by section, and the Representatives 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 U.S. House of Representatives. The first is viva voce, where the Speaker of the House asks the Representatives who support the bill to say "aye" and those who oppose it to say "no". The second is division, where the Speaker asks those who support the bill to stand up and be counted, and then does the same for those who oppose it. The third is recorded, where Representatives record their vote using the electronic voting system, and can vote yes, no, or present if they don't want to vote on the bill. If a majority of Representatives vote yes, the bill passes in the U.S. House of Representatives and is certified by the Clerk of the House before being delivered to the U.S. Senate.

When a bill reaches the U.S. Senate, it goes through a similar process. It is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice, saying "yea" if they support the bill and "nay" if they oppose it. If a majority of Senators say "yea", the bill passes in the U.S. Senate and is ready to go to the President.

The President then has three choices. They can choose to sign and pass the bill, in which case it becomes a law. They can refuse to sign or veto the bill, in which case it is sent back to the U.S. House of Representatives, along with the President's reasons for the veto. Or, the President can choose to do nothing, which is called a pocket veto. If Congress is in session, the bill will automatically become law after 10 days. If Congress is not in session, the bill does not become a law.

The bill is voted on

Once a bill has been introduced, debated, and amended, it is ready to be voted on. In the U.S. House of Representatives, there are three methods for voting on a bill: viva voce, division, and recorded. In a viva voce vote, the Speaker of the House asks supporters of the bill to say "aye" and opponents to say "no". In a division vote, the Speaker asks supporters to stand up and be counted, and then does the same for opponents. In a recorded vote, Representatives use an electronic voting system to record their vote as yes, no, or present. If a majority of Representatives vote yes, the bill passes in the House and is sent to the U.S. Senate.

The Senate also votes on the bill, with Senators voting by voice. Supporters of the bill say "yea", while opponents say "nay". If a majority of Senators vote in favour, the bill passes in the Senate and is sent to the President.

The President then has the choice to approve or veto the bill. If the President approves, the bill becomes a law. If the President vetoes the bill, it is sent back to Congress, along with the reasons for the veto. Congress can then hold another vote on the bill, and if two-thirds of Representatives and Senators support it, the President's veto is overridden and the bill becomes a law. If the President does nothing (a "pocket veto") and Congress is not in session, the bill does not become a law.

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