The Legislative Process: How A Bill Becomes Law

The process of how a bill becomes a law is a complex one, and it varies slightly between the House of Representatives and the Senate. In this essay, I will outline the key steps that a bill must go through to become a law, highlighting the role of Congress, the President, and the public in this process. I will also discuss the ways in which the legislative process can be influenced by external factors, such as public opinion and political agendas. By examining the journey of a bill from its proposal to its enactment, we can gain a deeper understanding of the lawmaking branch of the federal government and the importance of citizen participation in democracy.

The creation of a bill

Once a member of Congress has an idea for a bill, they must find a sponsor. The sponsor is the primary Congress member supporting the bill. The representative will then talk with other representatives to get their support for the bill. Once a bill has a sponsor and the support of some representatives, it is ready to be introduced. Only representatives can introduce bills in the House of Representatives, and the bill must be placed in the hopper—a special box on the side of the clerk's desk.

When a bill is introduced, it is given a number. For example, bills introduced in the House of Representatives are assigned the number H.R., while bills introduced in the Senate start with S. The bill is then referred to a committee, which will research, discuss, and make changes to the bill. Both the House and the Senate have various committees composed of groups of Congress members with expertise in different topics such as health, education, or international relations. The committee chair determines whether there will be a hearing on the bill, which provides an opportunity for witnesses to provide testimony, and whether there will be a "markup" process, where the bill is debated, amended, and rewritten.

If the committee decides that more information is needed before sending the bill back to the House or Senate floor, it may be referred to a subcommittee for further study and hearings. The subcommittee may make changes to the bill and must vote to refer it back to the full committee. Once the hearings and subcommittee review are completed, the committee will meet to finalise the bill before recommending it to the "floor". If the committee votes in favour of the bill, it is reported to the floor, where it is debated and voted on.

Committee action

Once a bill has been introduced, it is referred to a committee. Committees are composed of groups of members of Congress with a particular interest in the bill's subject matter. For example, a bill about agriculture would be referred to the agriculture committee. Committees review, research, and revise the bill, and they may also hold hearings to better understand the implications of the bill and gather expert opinions. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the bill to be put on record.

Committees may refer bills to a subcommittee for further study and hearings. Subcommittees are specialized groups organized under committees. The subcommittee may request reports from government agencies, hold hearings, "mark up" or revise the bill, or report the bill to the full committee for its consideration. The full committee may then make a recommendation to pass the bill, revise and release the bill (reporting it out of committee), or lay the bill aside (tabling the bill). If the committee does not act on a bill, it is considered "dead".

After 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 against reporting 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".

Floor action

Once a bill has been through the committee stage, it is returned to the full House or Senate for further debate and approval. This is known as Floor Action. At this point, members may propose amendments to the bill, add additional text, or otherwise alter the bill.

During Floor Action, members of the House and Senate will vote on their respective versions of the proposed bill. 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 relevant to the bill. In both chambers, a majority vote is required for an amendment to be accepted and for the final bill to pass.

After a bill passes the floor of one chamber, it is then referred to the other chamber, where it will go through the same process of committee review and Floor Action. This chamber may approve the bill as received, reject it, ignore it, or make changes to it. It is common for a bill to undergo several rounds of revisions and negotiations between the two chambers before a final version is agreed upon and sent to the president for signature or veto.

Conference committees

The conference committee process can be extremely contentious, especially if the House and Senate are controlled by different parties. The committees operate through a combination of informal negotiations and formal meetings, and the meetings are supposed to be open to the public unless the committee votes to close them. The committee's task is to establish a compromise, and they are permitted to modify the language of the bill within "the limits of the disagreement". This means that only germane modifications, directly relevant to the differences between the two bills, are allowed. Once the committee has reached a compromise, they produce a conference report, which includes a joint explanatory statement and the final version of the bill.

The conference report is then sent back to the House and Senate floors for a vote. It cannot be amended at this stage, and the vote is a simple "take it or leave it" vote. The conference report must be approved by both chambers without changes for the bill to move to the next step of becoming law. If the conference committee cannot reach an agreement, the bill dies.

Presidential action

Once a bill has been passed by both the House and the Senate, it is sent to the President for their approval or signature, which is known as "Presidential Action". The President has three options: they can sign and pass the bill, which becomes a law; they can veto the bill, sending it back to Congress with their reasons for doing so; or they can do nothing, in which case, if Congress is in session, the bill will automatically become law after 10 days. However, if Congress adjourns within this 10-day period and the President has not signed the bill, it will be vetoed. This is known as a "pocket veto".

If the President chooses to veto a bill, Congress can attempt to override the veto, and if two-thirds of both the House and the Senate support the bill, it will become a law. This demonstrates the system of checks and balances in the US government, where the President can check Congress's power to make laws, but Congress can also, in turn, check the President's power to veto laws.

The President's role in the lawmaking process is crucial, as it is the point at which a bill officially becomes a law. The President's approval is the final step in the process, and their signature enacts the bill as a Public Law. This step is often the most challenging to get past, as the President may have their own political agenda or priorities that differ from those of Congress.

In conclusion, Presidential action is a critical and powerful stage in the process of a bill becoming a law. It involves the President's careful consideration and decision-making, which can result in the enactment of a law or its veto. The President's role in this process ensures a balance of power between the executive and legislative branches of the US government.

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