Laws in the United States are created by the U.S. House of Representatives and the U.S. Senate, which together form the legislative branch of the federal government. The process of turning a bill into a law involves multiple steps, including drafting, committee review, voting, and presidential approval. This process ensures that proposed laws are thoroughly discussed, amended, and approved by both chambers of Congress before being enacted. Understanding how a bill becomes a law is essential for citizens to effectively advocate for policy changes and engage in the democratic process.
What You'll Learn
How a bill is drafted
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 U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or citizen groups.
Once a bill idea has been established, it must be drafted. 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. The bill is then given a number (e.g. H.R. 1001 in the House or S. 1002 in the Senate) and the name of its sponsor.
After the bill has been introduced, it is sent to the Government Printing Office (GPO) to be copied. At this stage, members can cosponsor the bill. The bill is then assigned to a committee, whose members will research, discuss, and make changes to the bill.
Committees are assigned according to the bill's subject matter and usually refer the bill to a subcommittee. The subcommittee may request reports from government agencies, hold hearings, and make revisions to the bill. The subcommittee then reports its findings to the full committee, which votes on the bill. If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".
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How a bill is introduced
The process of a bill becoming a law begins with an idea. This idea can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or come from citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them. Citizens who have ideas for laws can contact their Representatives to discuss their ideas. If the Representatives agree, they research the ideas and write them into bills.
Once a bill has been 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. Only Representatives can introduce bills in the U.S. House of Representatives. 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. A bill clerk then 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.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. Committees are composed of groups of Congress members with a particular interest or expertise in a certain topic, such as health, international affairs, agriculture, or education. Committees may also choose to hold hearings to better understand the implications of the bill and gather expert opinions. If the committee does not act on a bill, the bill is considered "dead".
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The role of committees
Committees play a crucial role in the legislative process, acting as gatekeepers and subject-matter experts. Once a bill is introduced, it is referred to a committee, which will carefully examine it and determine its chances of passage by Congress. Committees are composed of groups of Congress members with specific interests or expertise in different areas such as health, agriculture, education, or international affairs.
The committee has the power to hold hearings, inviting input from the executive branch, experts, public officials, and supporters and opponents of the bill. These hearings provide an opportunity to gather diverse perspectives and ensure that all sides are heard. If the committee takes no action on a bill, it is considered "dead."
Subcommittees also play a role in the process. They operate under committees and have further specialization in specific topics. Committees may refer bills to subcommittees for more in-depth study, hearings, and potential changes. The subcommittee then votes to refer the bill back to the full committee.
Once hearings and subcommittee reviews are complete, the committee will meet to make changes and amendments to the bill. This process is known as "mark-up." If the committee votes against reporting the legislation to the full chamber of Congress, the bill dies. However, if they vote in favour, the bill is reported to the floor, where it undergoes additional debate and voting.
The committee stage is a critical step in the journey of a bill towards becoming a law. It is where the bill is scrutinized, discussed, and amended by subject-matter experts, ensuring that it is thoroughly considered before progressing further in the legislative process.
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Voting on a bill
Once a bill has been introduced, debated, and amended, it is put to a vote. In the US 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 oppose it. In a division vote, the Speaker asks those in support of the bill to stand up and be counted, and then does the same for those who oppose it. In a recorded vote, Representatives use an electronic voting system to record their votes as "yes," "no," or "present" if they do not wish to vote on the bill. If a majority of Representatives vote "yes," the bill passes in the House and is then sent to the 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 Senators say "yea," the bill passes in the Senate and is then sent to the President. If the bill is rejected by either the House or the Senate, it is sent back to the drawing board, where it may be revised and reintroduced.
If a bill passes in both the House and the Senate, it is presented to the President, who has three options: they can sign and pass the bill, in which case it becomes a law; they can veto the bill, sending it back to Congress along with their reasons for the veto; or they can do nothing, in which case, if Congress is in session, the bill will automatically become law after 10 days, but if Congress is not in session, the bill will be pocket vetoed and will not become law. If the President vetoes a bill, Congress may attempt to override the veto by holding another vote. If two-thirds of both the House and the Senate support the bill, the President's veto is overridden, and the bill becomes a law.
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The President's decision
Firstly, the President can choose to approve the bill and pass it. In this case, the bill is signed into law by the President, and it officially becomes a law. This action is a significant moment as it represents the culmination of the legislative process and the transformation of an idea into a legally binding statute.
However, the President also has the power to veto the bill, which means refusing to approve and blocking it from becoming a law. A veto can be a powerful tool for the President to shape the legislative agenda and ensure that laws align with their policies and priorities. When the President vetoes a bill, it is sent back to Congress, specifically to the House of Representatives, along with the President's reasons for the veto.
Another option for the President is to do nothing, which is known as a "pocket veto." If Congress is not in session and the President takes no action on the bill for ten days, the bill is automatically vetoed and prevented from becoming a law. This type of veto cannot be overridden by Congress.
Despite the President's veto power, Congress can attempt to override a veto. If the President has vetoed a bill, Congress can hold another vote on the bill. If two-thirds of both the House and the Senate support the bill and vote to override the veto, the bill will become a law despite the President's objection. This process underscores the system of checks and balances in the legislative process, where the legislative branch can counter the executive branch's power.
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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 for a bill to become a law involves multiple steps, including drafting, committee review, voting, and approval by the President.
A bill can be proposed by a sitting member of the U.S. Senate or House of Representatives, or it can be proposed by citizens or citizen groups who recommend a new or amended law to their representative.
If the President vetoes a bill, Congress can attempt to override the veto. If two-thirds of both the House and Senate support the bill, the President's veto is overruled, and the bill becomes a law.