Understanding Lawmaking: A Student's Guide To The Legislative Process

The process of a bill becoming a law is known as enactment. In the United States, all laws begin as bills, which are proposed by a member of the House of Representatives or the Senate. The bill is then introduced, and a sponsor is assigned. The sponsor is not always the author, as bills may be written by staff members, interest groups, or others. The bill is then sent to a committee, which will research, discuss, and make changes to the bill. The bill is then voted on, and if it passes, it is sent to the other chamber for deliberation and voting. If the bill passes in both chambers, it is sent to the President for approval. The President can approve the bill, in which case it becomes a law, or they can veto it, in which case it is sent back to Congress. Congress can then vote to override the veto, and if two-thirds of Congress supports the bill, it becomes a law.

How a bill is proposed

The process of a bill becoming a law typically begins with its proposal or introduction. A bill is a proposal for a new law or a change to an existing law, and the idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, citizen groups, or individual citizens. In the latter case, citizens with ideas for new laws can contact their Representatives to discuss their ideas, and if the Representatives agree, they will research the ideas and write them into bills.

Once a bill is written, it needs a sponsor. The sponsor of a bill is not necessarily the author, and bills might be written by other members, staff members, interest groups, or others. The Representative will then talk with other Representatives about the bill in hopes of gaining 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 U.S. House of Representatives. In the Senate, a Senator must seek recognition to introduce a new bill in the morning. After introduction, the bill is assigned a number (e.g. HR 1 or S 1) and given the sponsor's name. Additional members may also add their names to the bill to become cosponsors.

The role of committees

Committees play a crucial role in the legislative process, acting as the first checkpoint a bill must pass through before it can become a law. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees are typically assigned based on the subject matter of the bill, with groups of representatives who are experts on specific topics such as agriculture, education, or international relations.

The committee will add the bill to their calendar, and if it is not discussed, it is effectively "killed." The committee chairperson may also assign the bill to a subcommittee for further examination and to gather expert opinions. After the bill is discussed, the full committee will vote on it, and if it passes, they will make revisions and edits. If major changes are made, a new bill may be created, restarting the process.

The committee will then write reports explaining their position on the bill, outlining why they are in favor or against it. These reports are sent back to the whole chamber and placed on the calendar for further debate and voting. In the House, most bills go to the Rules Committee, which adopts rules governing the procedures for the bill's consideration by the House. These rules can significantly impact the bill's chances of passing.

Committees play a vital role in shaping the legislation, providing an opportunity for detailed review, discussion, and amendments before the bill moves forward in the legislative process.

The bill is debated

Once a bill has been reported, it is ready to be debated by the U.S. House of Representatives. During the debate, Representatives discuss the bill and explain why they agree or disagree with it. The bill is then read section by section by a reading clerk, and Representatives can recommend changes.

In the House, debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole debates and amends the bill but cannot technically pass it. The debate is guided by the Sponsoring Committee, and time is divided equally between proponents and opponents. The Committee decides how much time to allot to each person. Amendments must be relevant to the subject of the bill, and no riders are allowed.

In the Senate, debate is unlimited, and Senators can debate the bill for as long as they want. Senators may use a filibuster to continue talking for hours and prevent the bill from being passed. A filibuster can be limited by cloture or a three-fifths vote. Cloture limits debate time to an additional thirty hours.

After the debate, the bill is voted on.

The bill is voted on

Once a bill has been debated, 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 Representatives to say "aye" if they support the bill and "no" if they do not. In a division vote, the Speaker asks those who support the bill to stand up and be counted, and then does the same for those who oppose it. In a recorded vote, Representatives record their vote using an electronic voting system, selecting "yes," "no," or "present" if they do not want to vote on the bill. If a majority of Representatives vote "yes" or say "aye," the bill passes in the House and is then certified by the Clerk of the House before being delivered to the U.S. Senate.

In the Senate, the process is similar, but voting is done by voice. Senators who support the bill say "yea," and those who oppose it say "nay." If a majority of Senators say "yea," the bill passes in the Senate and is ready to be sent to the President. If the bill does not pass in either the House or the Senate, it dies.

If the House and the Senate pass different versions of the same bill, they are sent to a Conference Committee, which is made up of members from each house, to work out the differences. The committee prepares a written report of its compromise, which is submitted to each chamber. If both chambers approve the compromise, the bill is sent to the President.

The bill goes to the President

Once a bill has been passed by both the House and the Senate, it is sent to the President for review. The President has three options: they can sign the bill into law, veto the bill, or do nothing (pocket veto).

If the President approves of the bill, they will sign it, and it will become a law. If the President does not approve, they can veto it, or reject it. In the case of a veto, the bill will be sent back to Congress, along with the President's reasons for the veto. Congress can then attempt to override the veto by holding another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President's veto will be overridden, and the bill will become a law.

If the President does nothing with the bill—known as a pocket veto—and 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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