Understanding The Legislative Process: A Student's Guide

Teaching students about how a bill becomes a law is an important part of civics, government, and history classes. This process is a crucial aspect of the legislative process and can be challenging for students to understand. However, several resources are available to help students comprehend the steps involved in passing a bill, including handouts, worksheets, board games, and simulations. These resources aim to make learning about the legislative process engaging and interactive, often requiring students to take on different roles and make decisions that impact the outcome. By using these educational tools, students can gain a deeper understanding of the complexities of lawmaking and the functions of government.

How a bill is proposed and introduced

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 who recommend a new or amended law to a member of Congress that represents them.

Once a bill is written, it needs a sponsor. The sponsor of the bill is not necessarily the author. Bills might be written by other members, staff members, interest groups, or others. The representative talks with other representatives about the bill in the hope 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.

In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper—a special wooden box on the side of the clerk's desk. Only members of each chamber may introduce legislation, though occasionally a member introduces legislation at the request of the president. In the Senate, a senator must seek recognition to introduce a new bill in the morning, and the bill is submitted to clerks on the Senate floor.

After the bill is proposed, the Speaker of the House or the presiding officer of the Senate will send the bill to the appropriate committee. In the House, bills are referred by the Speaker, on the advice of the nonpartisan parliamentarian, to all committees that have jurisdiction over the provisions in the bill. Most bills fall under the jurisdiction of one committee. If multiple committees are involved and receive the bill, each committee may work only on the portion of the bill under its jurisdiction. One of those committees will be designated the primary committee of jurisdiction and will likely take the lead on any action that may occur. In the Senate, bills are typically referred to a committee in a similar process, though in almost all cases, the bill is referred to only the committee with jurisdiction over the issue that predominates in the bill.

The role of the sponsor

The sponsor's primary role is to seek support for the bill from their fellow Representatives or Senators. They discuss the bill with their colleagues, highlighting its importance and potential impact. The sponsor acts as the main advocate for the bill, trying to convince others to get behind it. Once a bill has a sponsor and has gained the support of a significant number of Representatives or Senators, it is ready to be introduced and moved forward in the legislative process.

In the House of Representatives, the sponsor can be joined by additional members who add their names to the bill as cosponsors. This show of support strengthens the bill's position and increases its chances of progressing. On the other hand, in the Senate, bills can be jointly sponsored by more than one member, which further emphasizes the collaborative nature of the legislative process.

The sponsor's role extends beyond just introducing the bill. They continue to play an active part in the bill's journey by participating in discussions, providing input during revisions, and advocating for the bill's passage at various stages. The sponsor acts as the driving force behind the bill, ensuring it remains a priority for their colleagues and guiding it through the complex legislative process.

The bill goes to committee

Once a bill has been proposed, the Speaker of the House or the presiding officer of the Senate will send it to the appropriate committee. The committee will then add the bill to their calendar. If a bill is not discussed in committee, it is effectively “killed”.

Committees are groups of Representatives who are experts on specific topics, such as agriculture, education, or international relations. They will review, research, and revise the bill before voting on whether or not to send it back to the House floor. If the committee chairperson believes more information is required before deciding, the bill may be sent to a subcommittee. Here, it will be closely examined and expert opinions will be gathered before it is sent back to the committee for approval.

After the bill is discussed, the full committee will vote on it. If the vote passes, the committee will make revisions or edits to the bill. Once the edits are made, the committee must vote again to accept the changes. If major edits are made, the committee may decide to create a new bill, which will restart the process from the beginning.

The committee will then write reports about why they are in favour of or against the bill. In the House, the bill will usually go to the Rules Committee for approval. The bill is then sent back to the main chamber of the House or Senate.

The committee process

The committee will add the bill to their calendar. If the bill is not discussed in the committee, it is effectively "killed" and does not progress any further. However, if the committee takes up the bill, they will hold hearings on it, and the chairperson may also assign the bill to a subcommittee for further examination and to gather expert opinions.

After the hearings and discussions, the full committee will vote on the bill. If the vote passes, the committee will make revisions or edits to the bill. Once the edits are finalised, the committee must vote again to accept the changes. If significant alterations are made, the committee has the option to create a new bill, which would restart the entire process from the beginning.

Following the committee's vote and any revisions, they will write reports detailing their reasons for supporting or opposing the bill. In the House, the bill typically proceeds to the Rules Committee for approval before being sent back to the main chamber of the House or Senate for further debate and voting.

The bill is reported and voted on

Once a bill has been discussed in committee, it will be voted on. If the vote passes, the committee will make any revisions or edits to the bill. After the edits are made, the committee must vote again to accept the changes. If major edits are made, the committee may decide to create a new bill, which will restart the process from the beginning.

The committee will then write reports about why they are in favor of or against the bill. In the House, the bill will usually go to the Rules Committee for approval. The bill is then sent back to the main chamber of the House or Senate. When the bill returns to the main chamber, it is placed on the calendar for debate.

In the House, there must be a quorum vote first to ensure there are enough members present to conduct the vote. After the debate, the bill is voted on. If a majority of Representatives say or select yes, the bill passes in the House and is then sent to the Senate for deliberation and voting.

Frequently asked questions